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UGANDA CITIZENSHIP AND IMMIGRATION CONTROL ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Commencement.

   2.   Interpretation.

PART II
NATIONAL CITIZENSHIP AND IMMIGRATION BOARD.

   3.   The board.

   4.   Seal of the board.

   5.   Meetings of the board.

   6.   Secretary to the board.

   7.   Functions of the board.

   8.   Director and other immigration officers.

   8A.   Vote of the board.

   9.   Minister's power of direction.

   10.   Appeals.

   11.   Protection of members of the board and immigration officers acting in good faith.

PART III
CITIZENSHIP.

   12.   Citizenship by birth.

   13.   Foundlings and adopted children.

   14.   Citizenship by registration.

   15.   Procedure for registration of citizenship.

   16.   Citizenship by naturalisation.

   17.   Loss of citizenship by registration.

   18.   Deprivation of citizenship by naturalisation.

   19.   Dual citizenship.

   20.   Renunciation of citizenship.

   21.   Effect of renunciation and of deprivation.

   22.   Evidence.

   23.   Offences and penalties under Part III.

   24.   Revocation and cancellation of citizenship.

   25.   Residence under authority of certain passes not to be residence for acquisition of citizenship by registration or naturalisation.

   26.   Regulations under Part III.

PART IV
REGISTRATION OF CITIZENS AND ISSUE OF NATIONAL IDENTIFICATION NUMBERS AND NATIONAL IDENTITY CARDS.

   27.   Registration of citizens and issue of national identification numbers and national identity cards.

   28.   Duty to apply for and hold national identity cards.

   29.   Contents of application.

   30.   National identity cards to be issued only to Ugandans.

   31.   National registration secretariat.

   32.   Verification of application and authentication.

   33.   Proof of Ugandan citizenship.

   34.   Proof of renunciation.

   35.   Persons eligible for public service.

   36.   Registration centres.

   37.   Offences and penalties under Part IV.

   38.   Regulations under Part IV.

PART V
PASSPORTS.

   39.   Ugandan entitled to a passport.

   40.   Power to issue passports.

   41.   Types of passports.

   42.   Period of validity.

   43.   Passport to be valid for all countries.

   44.   Endorsement of children.

   45.   Requirements before issue of a passport.

   46.   Grounds for refusal to grant a passport.

   47.   Withdrawal of passports.

   48.   Offences and penalties under Part V.

   49.   Regulations under Part V.

PART VI
IMMIGRATION CONTROL.

   50.   Powers and duties of immigration officers.

   51.   Inspectors and investigators.

   52.   Prohibited immigrants.

   53.   Entry into Uganda.

   54.   Entry permits.

   55.   Certificate of permanent residence.

   56.   Issue of aliens identity cards.

   57.   Registers.

   58.   Production of entry permit, etc.

   59.   Employment without entry permit.

   60.   Deportation orders.

   61.   Application of the Interpretation Act modified.

   62.   Place of deportation.

   63.   Arrest of deportees.

   64.   Power of the Director to order an organised departure.

   65.   Application of Part VI.

   66.   Offences and penalties under Part VI.

PART VII
REGISTRATION AND CONTROL OF ALIENS.

   67.   Board to be responsible for registration of aliens.

   68.   Registration of aliens.

   69.   Aliens identity card.

   70.   Board to issue identification numbers to aliens.

   71.   Application of sections 69 and 70.

   72.   Registration centres.

   73.   Registers of aliens.

   74.   Withdrawal of aliens identity cards.

   75.   Registrar of companies to furnish returns concerning alien registered businesses.

   76.   Prohibition from membership of certain organisations.

   77.   Offences and penalties under Part VII.

   78.   Employment disputes.

   79.   Definition.

PART VIII
MISCELLANEOUS.

   80.   General penalty.

   81.   Effect of declarations, returns and statements.

   82.   General power to make regulations.

   83.   Minister's powers to amend the First Schedule.

   84.   Repeals.

   85.   Transitional provision.

 

      First Schedule   Currency point.

      Second Schedule   Meetings of the board.

      Third Schedule   Forms.

      Fourth Schedule   Classes of entry permits.

 

CHAPTER 66
UGANDA CITIZENSHIP AND IMMIGRATION CONTROL ACT.

Commencement: 1 September 2002;
1 September 2008 (Parts III and IV).

   An Act to make provision for acquisition of citizenship of Uganda pursuant to the Constitution, to provide for the compulsory registration of all Ugandans and the issue of national identification numbers and the issue of national identity cards to citizens of Uganda; to regulate the issue of passports to citizens of Uganda, to provide for the regulation and control of aliens in Uganda; to repeal the Uganda Citizenship Act, the Immigration Act, the Passports Act and the Aliens (Registration and Control) Act; and to provide for other matters incidental or connected with the foregoing.

 

PART I
PRELIMINARY.

 

1.   Commencement.

   This Act shall come into force on a date appointed by the Minister by statutory instrument; and the Minister may appoint different dates for different provisions of this Act to come into force.

 

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "alien" means any person who is not a citizen of Uganda;

   (b)   "board" means the National Citizenship and Immigration Board established under article 16 of the Constitution;

   (c)   "chairperson" means the chairperson of the board;

   (d)   "child" means a person below the age of 18 years and includes an adopted child;

   (e)   "Civil Aviation Authority" means any aviation body governing airline operations in Uganda;

   (f)   "convention travel document" means a travel document issued to a refugee under the relevant refugee instruments and the Control of Alien Refugees Act;

   (g)   "currency point" means the value specified in relation to a currency point in the First Schedule to this Act;

   (h)   "destitute person" means a person who is, in the opinion of the Director, incapable of supporting himself or herself;

   (i)   "Director" means the Director for Immigration established under section 8.

   (j)   "document of identity" means a document establishing the nationality and identity of the holder for the time being in force issued or renewed by the government of the State of which the holder is a subject or citizen, or some valid document of identity satisfactorily establishing the holder's nationality or identity;

   (k)   "dual citizenship" means the simultaneous possession of two citizenships one of which is Ugandan;

   (l)   "entry permit" means a permit granted under section 54;

   (m)   "function" includes a power and a duty;

   (n)   "habitual criminal" means a person who is not less than 30 years of age and who has been convicted at least four times since attaining the age of 16 years of offences punishable with imprisonment of two years or more and on at least two of those occasions has been sentenced to imprisonment;

   (o)   "immigration officer" includes the Director;

   (p)   "Minister" means the Minister responsible for internal affairs;

   (q)   "pass" means a special pass, pupils or students pass, prohibited immigrant pass, interstate pass, visitors pass, in-transit pass, dependent pass and reentry pass;

   (r)   "parastatal" means a body in which the Government owns a controlling interest;

   (s)   "prescribed country" means a country declared by the Minister by statutory order with the approval of Parliament to be a prescribed country for the purposes of this Act;

   (t)   "refugee" means, subject to the Constitution, a person who is recognised as a refugee by the Government and the United Nations High Director for Refugees (UNHCR) under the relevant refugee instruments and the Control of Alien Refugees Act;

   (u)   "relevant refugee instruments" means the 1951 United Nations Convention relating to the status of refugees, as amended by the 1967 protocol relating to the status of refugees and the 1969 Organisation of African Unity Convention governing specific aspects of refugees problems in Africa and any other international convention or other instrument prescribed by the Minister by statutory instrument;

   (v)   "undesirable immigrant" is an undesirable immigrant within the meaning of section 52(g) and (h).

 

PART II
NATIONAL CITIZENSHIP AND IMMIGRATION BOARD.

 

3.   The board.

   (1) The National Citizenship and Immigration Board established by article 16 of the Constitution shall consist of a chairperson, a deputy chairperson and not more than five other persons appointed by the President with the approval of Parliament.

   (2) Each member of the board shall be a citizen of Uganda and a person of high moral character and proven integrity.

   (3) A member of the board may be removed from office by the President only for—

   (a)   inability to perform the functions of his or her office arising out of physical or mental incapacity;

   (b)   incompetence;

   (c)   conflict of interest; or

   (d)   being convicted of a criminal offence in Uganda or elsewhere.

   (4) Subject to subsection (3), a member of the board shall hold office for a period of four years and is eligible for reappointment for one term only.

   (5) A member of the board may be paid such remuneration as the Minister may, in consultation with the Minister responsible for finance, determine.

   (6) Members of the board shall, subject to the other provisions of this section, hold office on such terms as may be determined by the Minister.

 

4.   Seal of the board.

   The board shall have a seal which shall be in such a form as the board may determine and shall, subject to the provisions of any law, be applied in such circumstances as the board may determine.

 

5.   Meetings of the board.

   The provisions of the Second Schedule to this Act shall have effect in relation to meetings of the board.

 

6.   Secretary to the board.

   The Director shall act as secretary to the board and shall perform such functions in relation to meetings of the board as the board may direct.

 

7.   Functions of the board.

   (1) The functions of the board shall be—

   (a)   registering and issuing national identity cards to citizens of Uganda;

   (b)   issuing Uganda passports and other travel documents;

   (c)   granting and cancelling citizenship by registration and naturalisation;

   (d)   granting and cancelling immigration permits;

   (e)   registering and issuing identity cards to aliens;

   (f)   determining any questions which may arise in the implementation of this Act or any questions which may be referred to it by the Minister;

   (g)   performing such other functions as may be assigned to it by or under this Act or any other enactment; and

   (h)   performing any other function determined by the Minister.

   (2) The functions of the board set out in subsection (1)(a), (b) and (d) may be decentralised to the district level.

 

8.   Director and other immigration officers.

   (1) There shall be a Director for immigration and such number of other immigration officers as may be necessary for the efficient implementation of this Act.

   (2) The Director shall be responsible for giving effect to the decisions of the board and shall be assisted by immigration officers all of whom shall assist the board in the performance of its functions under this Act and shall perform such duties in relation to them as the board may direct.

   (3) Any functions conferred on the Director and other immigration officers by this Act shall be performed on behalf of and subject to the directions of the board.

   (4) Subject to this Act, the board may review any action taken by an immigration officer on behalf of the board.

 

8A.   Vote of the board.

   (1) The board shall have a vote of its own.

   (2) Non-tax revenue collected by the board shall be retained by the board to be appropriated in Aid.

 

9.   Minister's power of direction.

   The Minister may, subject to this Act, give general policy directions to the board or any immigration officer, and the board or immigration officer shall comply with such directions.

 

10.   Appeals.

   (1) Any person aggrieved by any decision of the board under this Act may, within 30 days after the decision is communicated to him or her, appeal to the Minister against the decision.

   (2) The Minister may, where it appears to him or her to be just, extend the period within which an appeal may be made under this section.

   (3) The Minister may, upon application by the person aggrieved by the decision, extend the period within which any appeal may be made under subsection (2) if it appears to the Minister just so to do.

   (4) The Minister may on appeal under this section confirm or reverse the decision of the board or refer the matter to the board for reconsideration.

   (5) Any person aggrieved by a decision of the Minister on an appeal from a decision of the board under Part IV or V of this Act may, within 30 days after the decision is communicated to him or her, appeal to the High Court against the Minister's decision; and the decision of the High Court shall be final.

 

11.   Protection of members of the board and immigration officers acting in good faith.

   No member of the board or immigration officer or person acting on the directions of such a person shall be subject to any civil or criminal liability for anything done or omitted to be done in good faith in the exercise of the functions of the board, or a member of the board or an immigration officer.

 

PART III
CITIZENSHIP.

 

12.   Citizenship by birth.

   The following persons shall be citizens of Uganda by birth—

   (a)   every person born in Uganda one of whose parents or grandparents is or was a member of any of the indigenous communities existing and residing within the borders of Uganda as at the first day of February, 1926, and set out in the Third Schedule to the Constitution; and

   (b)   every person born in or outside Uganda one of whose parents or grandparents was at the time of birth of that person a citizen of Uganda by birth.

 

13.   Foundlings and adopted children.

   (1) A child of not more than five years of age found in Uganda whose parents are not known shall be presumed to be a citizen of Uganda by birth.

   (2) A child under the age of 18 years neither of whose parents is a citizen of Uganda, who is adopted by a citizen of Uganda, shall, on application, be registered as a citizen of Uganda.

   (3) Subject to this Act, the procedure for registration as a citizen under subsection (2) shall be as prescribed by regulations made under section 82.

 

14.   Citizenship by registration.

   (1) Every person born in Uganda—

   (a)   at the time of whose birth—

      (i)   neither of his or her parents and none of his or her grandparents had diplomatic status in Uganda; and

      (ii)   neither of his or her parents and none of his or her grandparents was a refugee in Uganda; and

   (b)   who has lived continuously in Uganda since the 9th"> day of October 1962,

shall, on application, be entitled to be registered as a citizen of Uganda.

   (2) The following persons shall, upon application, be registered as citizens of Uganda—

   (a)   every person married to a Ugandan citizen, upon proof of a legal and subsisting marriage of five years or more;

   (b)   every person who has legally and voluntarily migrated to and has been living in Uganda for at least 10 years;

   (c)   every person who, on the commencement of the Constitution had lived in Uganda for at least 20 years.

   (3) Subsection (2)(a) applies also to a person who was married to a citizen of Uganda who but for his or her death would have continued to be a citizen of Uganda under the Constitution.

   (4) Where a person has been registered as a citizen of Uganda under subsection (2)(a) and the marriage by virtue of which that person was registered is—

   (a)   annulled or otherwise declared void by a court or tribunal of competent jurisdiction; or

   (b)   dissolved,

that person shall, unless he or she renounces that citizenship, continue to be a citizen of Uganda.

 

15.   Procedure for registration of citizenship.

   (1) Any person to whom section 14(1) or (2) applies may apply to the board in writing in the prescribed form, and the board shall, on proof to its satisfaction that section 14 applies to that person, register that person as a citizen.

   (2) The board shall upon registration of any person under subsection (1) issue to that person in the prescribed form a certificate of registration as a citizen of Uganda.

   (3) A person shall not be registered as a citizen of Uganda unless he or she—

   (a)   where a person has more than one citizenship, he or she has made a declaration in writing in the Form specified in Form B of the Third Schedule to this Act, renouncing one of the nationalities or citizenships he or she may possess;

   (b)   has taken the oath of allegiance specified in the Fourth Schedule to the Constitution and set out in Form A in the Third Schedule to this Act;

   (c)   has made and registered a declaration of his or her intentions concerning residence as specified in Form C of the Third Schedule to this Act.

   (4) Regulations made under section 82 may make further provision in respect of the registration of citizens by registration not inconsistent with the Constitution or this Act.

 

16.   Citizenship by naturalisation.

   (1) The board may grant to any alien citizenship by naturalisation subject to the provisions of this section.

   (2) The board shall issue to a person granted citizenship under this section a certificate of naturalisation.

   (3) An alien to whom a certificate of naturalisation is issued under this section shall become a citizen of Uganda by naturalisation from the date of the issue of the certificate of naturalisation.

   (4) A person who wishes to be granted citizenship by naturalisation shall make an application to the board in writing in the prescribed form and shall comply with the requirements of subsection (5).

   (5) The qualifications for naturalisation are that he or she—

   (a)   has resided in Uganda for an aggregate period of 20 years;

   (b)   has resided in Uganda throughout the period of 24 months immediately preceding the date of application;

   (c)   has adequate knowledge of a prescribed vernacular language or of the English language;

   (d)   is of a good character; and

   (e)   intends, if naturalised, to continue to reside permanently in Uganda.

   (6) A person shall not be granted citizenship of Uganda under this section unless—

   (a)   subject to section 19, where the person has more than one citizenship, he or she has made a declaration in writing in the prescribed form, renouncing any other nationality or citizenship he or she possesses; and

   (b)   he or she has taken an oath of allegiance in the prescribed form in the Fourth Schedule to the Constitution and set out in the third Schedule to this Act.

   (7) The board shall refuse to grant to any alien citizenship by naturalisation if his or her immigration file contains substantial inconsistencies as to put his or her demeanour in issue.

   (8) Subject to the provisions of the Constitution, the Minister may, where he or she is satisfied that reciprocal provisions are or may be made in respect of Uganda citizens under the law of any prescribed country, as regards acquisition of citizenship in the prescribed country, and that it is desirable so to do, by statutory order, make provision for reciprocal acquisitions of citizenship by citizens from that prescribed country.

 

17.   Loss of citizenship by registration.

   (1) The board may deprive a person of his or her citizenship if acquired by registration, on any of the following grounds—

   (a)   subject to section 19, voluntary acquisition of the citizenship of another country;

   (b)   voluntary service in the armed forces or security forces of a country hostile to or at war with Uganda;

   (c)   acquisition of Uganda citizenship by fraud, deceit, bribery or having made intentional and deliberate false statements in his or her application for citizenship;

   (d)   espionage against Uganda.

   (2) For the avoidance of doubt, this section applies to a person registered as a citizen of Uganda under section 13 or 14.

 

18.   Deprivation of citizenship by naturalisation.

   (1) Subject to this section, the board may, by order, deprive a citizen of Uganda by naturalisation of his or her citizenship by naturalisation if the board is satisfied that the naturalisation certificate was obtained by means of fraud, false representation or the concealment of any material fact.

   (2) Subject to this section, the board may, by order, deprive a person of his or her citizenship by naturalisation on any of the following grounds—

   (a)   subject to section 19, voluntary acquisition of the citizenship of another country;

   (b)   voluntary service in the armed forces or security forces of a country hostile to or at war with Uganda;

   (c)   acquisition of Uganda citizenship by fraud, deceit, bribery or having made intentional and deliberate false statements in his or her application for citizenship;

   (d)   espionage against Uganda;

   (e)   if he or she is convicted of an offence of treason against Uganda;

   (f)   if he or she is, within five years after the date of naturalisation as a citizen of Uganda, sentenced by a court of competent jurisdiction to imprisonment for a term of five years or more;

   (g)   if he or she commits a criminal act against the security of the state;

   (h)   if he or she renounces his or her Uganda citizenship.

 

19.   Dual citizenship.

   (1) A citizen of Uganda of 18 years and above who voluntarily acquires the citizenship of a country other than Uganda may retain the citizenship of Uganda subject to the Constitution, this Act and any law enacted by Parliament.

   (2) A person who is not a citizen of Uganda may, on acquiring the citizenship of Uganda, subject to the Constitution, this Act and any other law enacted by Parliament, retain the citizenship of another country.

 

19A.   Acquisition by a citizen of Uganda of the citizenship of another country while retaining the citizenship of Uganda.

   (1) A citizen of Uganda who desires to acquire the citizenship of another country while retaining his or her citizenship of Uganda shall give notice in writing to the board of his or her application for the citizenship of another country.

   (2) The notice under subsection (1) shall be in the prescribed form and shall be accompanied by the following—

   (a)   a statutory declaration stating that he or she is a citizen of Uganda only;

   (b)   where the person is a citizen of Uganda and another country, a declaration of renunciation of the citizenship of the third country;

   (c)   evidence that the applicant is of or above 18 years of age;

   (d)   a copy of the application for citizenship of that other country;

   (e)   any other relevant information.

 

19B.   Acquisition by a non citizen of Uganda of Uganda citizenship while retaining the citizenship of another country.

   (1) A non-Ugandan citizen who wishes to acquire the citizenship of Uganda while retaining the citizenship of another country shall satisfy the conditions for citizenship specified in sections 14 and 16.

   (2) In addition to the conditions prescribed in subsection (1) a non-Ugandan citizen who wishes to acquire dual citizenship under this section shall—

   (a)   satisfy the board that the laws of his or her country of origin permit him or her to hold dual citizenship;

   (b)   not be the subject of a deportation order from Uganda territory or any other country;

   (c)   not be under a sentence of death or imprisonment exceeding nine months imposed by a competent court, without the option of a fine;

   (d)   satisfy the board that he or she has been resident in Uganda for not less than 10 years;

   (e)   satisfy the board that he or she has adequate knowledge of any prescribed vernacular language in Uganda or of English or Swahili;

   (f)   satisfy the board that he or she has not been in Uganda as a refugee or as a diplomat;

   (g)   he or she possesses rare skills and capacity for technology transfer;

   (h)   be willing to take the oath of allegiance;

   (i)   be a person of sound mind.

 

19C.   General conditions for dual citizenship.

   A person applying for dual citizenship shall, before being registered, satisfy the board that—

   (a)   he or she is not engaged in espionage against Uganda;

   (b)   he or she has not served in the voluntary service of the armed forces or security forces of a country hostile to or at war with Uganda;

   (c)   he or, she has not attempted to acquire Ugandan citizenship by fraud, deceit or bribery or by intentional or otherwise deliberate false statements in an application for citizenship;

   (d)   he or she does not have a criminal record;

   (e)   the laws of his or her country of origin permit dual citizenship;

   (f)   he or she is, at the time of application, of or above 18 years of age;

   (g)   he or she is of sound mind;

   (h)   does not hold more than one citizenship;

   (i)   is not an undischarged bankrupt or insolvent.

 

19D.   Persons with dual citizenship not to hold certain offices of State.

   (1) A person who holds the citizenship of another country in addition to the citizenship of Uganda is not qualified to hold any of the offices of State specified in the Fifth Schedule to this Act.

   (2) Parliament may by resolution amend the Fifth Schedule.

   (3) A resolution passed under this section shall, as soon as possible, be published in the Gazette.

 

19E.   Termination of citizenship of Uganda. <R

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