Recently, the Legal Framework for Foreign Citizens was completely amended, following one of the measures set by the Economic Acceleration Package (EAP), announced on 09 August 2022.

According to the EAP the measure aimed to promote a greater flow of tourists and investors into Mozambique, ensuring an improved business environment, increasing competitiveness, attracting foreign direct investment, leisure and business tourism.

In response, Law no. 23/2022 of 29 December revoked Law no. 5/93 of 28 December and came into force 30 days after its publication, i.e., on 29 January 2023.

Under the terms of this legal diploma, foreign citizens residing in Mozambique or who are legally in Mozambique have the same rights and guarantees established by law and are subject to the same duties as Mozambican citizens. However, the legal mechanism establishes an exception with respect to civil and political rights and other rights and duties expressly reserved to Mozambican citizens, under the terms of the law.

Likewise, the legal diploma established the documents issued by the National Migration Service for foreign citizens, namely: Residence Authorization; Authorization to Stay Abroad; Circulation Card for Seamen; Emergency Certificate; Dispatch Communication; Exit Declaration; Travel Document for Refugee; Document Deposit and Entry Visa.

Law no. 23/2022 of 29 December established the grounds for refusal of entry of foreign citizens into Mozambique. According to the innovative article, the grounds for refusing entry of a foreign citizen into Mozambique are:

  •         The presentation of a passport or equivalent travel document, which is not valid for the Republic of Mozambique;
  •         Presentation of a passport or equivalent travel document where the period of validity has expired or is less than six months;
  •         Presentation of a passport or equivalent travel document that has been erased or shows signs of falsification;
  •         In cases where the foreign citizen holds an entry visa that has been granted without complying with the conditions established in this law or is inadequate for the purposes of his/her stay in national territory;
  •         The presentation of a passport or travel document equivalent to a passport of another person;
  •         In cases where the foreign citizen is included in the list of those banned from entering Mozambique;
  •         In cases where the entry of the foreign citizen constitutes a danger or serious threat to public order, national security, public health or to international relations, under the terms of Mozambique's Foreign Policy;
  •         In cases where the foreign citizen has been fined on previous occasions for violation of migration laws and has not paid the respective fine;
  •          In cases where the foreign citizen has no proven means of subsistence;
  •          In cases where the foreign national does not present a return ticket to his or her country of origin;
  •          In cases where the foreign citizen is a minor and is not accompanied by the person exercising the parental authority or does not present an express authorisation from that person, in accordance with the law;
  •         And in cases where the foreign citizen does not know the place of accommodation.

 

According to the new rules of entry, stay and exit from the country set out in Law no. 23/2022, of 29 December, after the refusal of entry into Mozambique, while they are not reembarked to their country of origin, the foreign citizen remains under the custody of the Migration Services and the fact is immediately communicated to the foreign citizen, the diplomatic or consular representation of their country of origin and the carrier in order to ensure their reembarkation to their country of origin.

An innovation provided by the new Foreign Citizen's Legal Regime is the obligation of the carriers to transport the foreign citizen who does not meet the conditions to enter Mozambique. That is, the carriers must ensure the return of the foreign citizen to the country of origin, as soon as possible, since while boarding does not occur they are responsible for ensuring the payment of food expenses and all necessary assistance to the foreign citizen.

With regard to the type of visas, in addition to the visas set out in Law no. 5/93 of 28 December, a legal provision now revoked, Law no. 23/2022 of 29 December provides for the following visas: Work Visa; Border Visa; Temporary Stay Visa; Crew Transhipment Visa; Visa for Sporting or Cultural Activities; Visa for Investment Activity and Visa for Humanitarian Assistance.

On the other hand, the new norms for the stay of foreign citizens in Mozambique, established by Law no. 23/2022, of 29 December establish that the Residence Authorization can be Temporary, if it is valid for one year, renewable for equal periods, while the reasons for its concession persist, or can be Permanent, if it is valid for five years, renewable for equal periods.

It is important to refer to one of the major innovations provided in Law no. 23/2022, of 29 December, regarding the entry and exit of minors under 18 years old in Mozambique. Under the terms of the referred legal diploma, in both cases, the minor must present written authorization (document originally in Portuguese or translated into Portuguese by a sworn translator), with notarization by the parents or by the person exercising parental power, if the minor foreign citizen is not accompanied by the parents or by the person exercising parental power, or if he is accompanied by one of the parents, it is required to present the authorization of the other parent regarding the minor's trip.

Finally, the Legal Regime of Foreign Citizens, which sets out the rules for entry, stay and departure from Mozambique, as well as their rights, duties and guarantees, approved by Law No. 23/2022 of 29 December gives a new wording to migration offences and sanctions.

The main objective of this legislative revision is undoubtedly the alignment and updating of the legal regime of foreign citizens in Mozambique in view of the challenges imposed by the dynamics of the migratory movement and the fight against illegal immigration.

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