Uganda Citizenship and Immigration Control Act
- There are multiple commencements:
- [This is the version of this document from 26 March 2015.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
|Part I (section 1–2); Part II (section 3–11); Part V (section 39–49); Part VI (section 50–66); Part VII (section 67–79); Part VIII (section 80–85)||commenced on 1 September 2002 by Statutory Instrument of 2002.|
|Part III (section 12–26); Part IV (section 27–38)||commenced on 1 September 2008 by Statutory Instrument of 2008.|
|Part II, section 3(3)(d), section 8A; Part III, section 18(2)(e), 18(2)(f), 18(2)(g), 18(2)(h), section 19A, section 19B–19G||commenced on 21 August 2009 by Uganda Citizenship and Immigration Control (Amendment) Act, 2009.|
- [Amended by Uganda Citizenship and Immigration Control (Amendment) Act, 2006 (Act 24 of 2006) on 4 August 2006]
- [Amended by Uganda Citizenship and Immigration Control (Amendment) Act, 2009 (Act 5 of 2009) on 21 August 2009]
- [Amended by Registration of Persons Act, 2015 (Act 4 of 2015) on 26 March 2015]
Part I – Preliminary
1. CommencementThis Act shall come into force on a date appoinreted by the Minister by statutory instrument; and the Minister may appoint different dates for different provisions of this Act to come into force.
2. InterpretationIn this Act, unless the context otherwise requires—“alien” means any person who is not a citizen of Uganda;“board” means the National Citizenship and Immigration Board established under article 16 of the Constitution;“chairperson” means the chairperson of the board;“child” means a person below the age of eighteen years and includes an adopted child;“Civil Aviation Authority” means any aviation body governing airline operations in Uganda;[definition of "commissioner" repealed by section 2(a) of Act 24 of 2006]“convention travel document” means a travel document issued to a refugee under the relevant refugee instruments and the Control of Alien Refugees Act;“currency point” means the value specified in relation to a currency point in the First Schedule to this Act;“destitute person” means a person who is, in the opinion of the Director, incapable of supporting himself or herself;“Director” means the Director for Immigration established under section 8;[definition of "Director" inserted by section 2(b) of Act 24 of 2006]“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;“dual citizenship” means the simultaneous possession of two citizenships one of which is Ugandan;[definition of "dual citizenship" inserted by section 1 of Act 5 of 2009]“entry permit” means a permit granted under section 54;“function” includes a power and a duty;“habitual criminal” means a person who is not less than thirty years of age and who has been convicted at least four times since attaining the age of sixteen years of offences punishable with imprisonment of two years or more and on at least two of those occasions has been sentenced to imprisonment;“immigration officer” includes the Director;“Minister” means the Minister responsible for internal affairs;“pass” means a special pass, pupils or students pass, prohibited immigrant pass, interstate pass, visitors pass, in-transit pass, dependent pass and reentry pass;“parastatal” means a body in which the Government owns a controlling interest;“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;“refugee” means, subject to the Constitution, a person who is recognised as a refugee by the Government and the United Nations High Commissioner for Refugees (UNHCR) under the relevant refugee instruments and the Control of Alien Refugees Act;“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;“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
4. Seal of the boardThe 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 boardThe provisions of the Second Schedule to this Act shall have effect in relation to meetings of the board.
6. Secretary to the boardThe 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
8. Director and other immigration officers
8A. Vote of the board
9. Minister’s power of directionThe 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.
11. Protection of members of the board and immigration officers acting in good faithNo 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 birthThe following persons shall be citizens of Uganda 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. Loss of citizenship by naturalisation
19. Dual citizenship
19A. Acquisition by a citizen of Uganda of the citizenship of another country while retaining the citizenship of Uganda
19B. Acquisition by a non citizen of Uganda of Uganda citizenship while retaining the citizenship of another country
19C. General conditions for dual citizenshipA person applying for dual citizenship shall, before being registered, satisfy the board that—
19D. Persons with dual citizenship not to hold certain offices of State
19E. Termination of citizenship of UgandaFor the avoidance of doubt, where by virtue of the holding of dual nationality granted under section 19A or 19B, a person holds the citizenship of Uganda in addition to the citizenship of another country, the board may by order deprive that person of the citizenship of Uganda—
19F. Consequences of loss of Ugandan citizenship
19G. Re-acquisition of Ugandan citizenship by a Ugandan
20. Renunciation of citizenship
21. Effect of renunciation and of deprivation
23. Offences and penalties under Part III
24. Revocation and cancellation of citizenshipWhere a person to whom a certificate of registration or naturalisation as a citizen of Uganda has been granted under this Act does not produce within ninety days to an officer acting on behalf of the board sufficient evidence to satisfy the officer that he or she has renounced any other nationality or citizenship which he or she may have possessed, the registration or naturalisation of that person as a citizen of Uganda shall be cancelled; and he or she shall be taken never to have been so registered.
25. Residence under authority of certain passes not to be residence for acquisition of citizenship by registration or naturalisationNotwithstanding any provision of this Act or of any other law, any period of residence in Uganda under the authority of any—
26. Regulations under Part IIIThe Minister may make regulations under section 82 in relation to the following—
Part IV – ***[Part IV repealed by section 86(4)(c) of Act 4 of 2015]
27. ***[section 27 repealed by section 86(4)(c) of Act 4 of 2015]
28. ***[section 28 repealed by section 86(4)(c) of Act 4 of 2015]
29. ***[section 29 repealed by section 86(4)(c) of Act 4 of 2015]
30. ***[section 30 repealed by section 86(4)(c) of Act 4 of 2015]
31. ***[section 31 repealed by section 86(4)(c) of Act 4 of 2015]
32. ***[section 32 repealed by section 86(4)(c) of Act 4 of 2015]
33. ***[section 33 repealed by section 86(4)(c) of Act 4 of 2015]
34. ***[section 34 repealed by section 86(4)(c) of Act 4 of 2015]
35. ***[section 35 repealed by section 86(4)(c) of Act 4 of 2015]
36. ***[section 36 repealed by section 86(4)(c) of Act 4 of 2015]
37. ***[section 37 repealed by section 86(4)(c) of Act 4 of 2015]
38. ***[section 38 repealed by section 86(4)(c) of Act 4 of 2015]
Part V – Passports
39. Ugandan entitled to a passportEvery Ugandan shall have the right to a passport or other travel documents.
40. Power to issue passports
41. Types of passportsThere shall be such types and categories of passports and other travel documents as the Minister may, from time to time, prescribe by regulations made under section 82.
42. Period of validity
43. Passport to be valid for all countriesA passport issued under section 40 shall be valid for all countries except for any countries specified in the passport in respect of which it is stated not to be valid.
44. Endorsement of childrenA holder of a passport may, on application, have his or her children endorsed in the passport, except a child of or above the age of sixteen years who shall hold a separate passport.
45. Requirements before issue of a passportAny person who applies for a passport shall produce evidence to the effect that he or she is a citizen of Uganda and may be required by the board to comply with any of the following —
46. Grounds for refusal to grant a passportThe board may refuse to issue a passport where, in its opinion, the issue of a passport to any person would be prejudicial to the public interest and, in particular, may refuse to issue a passport to any of the following—
47. Withdrawal of passports
48. Offences and penalties under Part V
49. Regulations under Part VRegulations may be made under section 82—
Part VI – Immigration control
50. Powers and duties of immigration officers
51. Inspectors and investigatorsThe Director may designate from among immigration officers such number of immigration inspectors and investigators as are necessary for carrying out the purpose of this Act.
52. Prohibited immigrantsThe following persons are prohibited immigrants and their entry into or presence within Uganda is unlawful except in accordance with the provisions of this Act—
53. Entry into Uganda
54. Entry permits
55. Certificate of permanent residence
56. ***[section 56 repealed by section 86(4)(d) of Act 4 of 2015]
58. Production of entry permit, etc.
59. Employment without entry permit
60. Deportation orders
61. Application of the Interpretation Act modifiedNotwithstanding the Interpretation Act, and subject to this Act, a deportation order shall come into force on the date it is signed by the Minister or such other date as is specified by the Minister in the order.
62. Place of deportationA person against whom a deportation order has been made shall be deported to the place from where he or she came or to any place to which he or she consents to be deported, where the Government of that place consents to receive that person.
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. ***[section 67 repealed by section 86(4)(d) of Act 4 of 2015]
68. ***[section 68 repealed by section 86(4)(d) of Act 4 of 2015]
69. ***[section 69 repealed by section 86(4)(d) of Act 4 of 2015]
70. ***[section 70 repealed by section 86(4)(d) of Act 4 of 2015]
71. ***[section 71 repealed by section 86(4)(d) of Act 4 of 2015]
72. ***[section 72 repealed by section 86(4)(d) of Act 4 of 2015]
73. ***[section 73 repealed by section 86(4)(d) of Act 4 of 2015]
74. ***[section 74 repealed by section 86(4)(d) of Act 4 of 2015]
75. Registrar of companies to furnish returns concerning alien registered businessesThe registrar of companies and business names shall from time to time upon request by the Director in writing furnish to the Director a list of all registered businesses owned by aliens in Uganda.
76. Prohibition from membership of certain organisations
77. Offences and penalties under Part VII
78. Employment disputesWhere any complaint is lodged with the immigration office concerning the conduct of an alien in the course of his or her employment, the Director may forward the complaint to an industrial or labour court which shall submit its findings to him or her, and the Director may then take any necessary immigration action considered relevant in the circumstances.
79. ***[section 79 repealed by section 86(4)(d) of Act 4 of 2015]
Part VIII – Miscellaneous
80. General penaltyAny person who—
81. Effect of declarations, returns and statementsIn any proceedings for an offence under this Act, a person shall be taken to know the contents of any declaration, return or statement which he or she has signed or marked, whether or not he or she has read that declaration, return or statement, if he or she knows the nature of the document.
82. General power to make regulations
83. Minister’s powers to amend the First ScheduleThe Minister may, with the approval of the Cabinet, by statutory instrument amend the First Schedule to this Act.
84. RepealsThe following enactments are repealed—
85. Transitional provision
History of this document
26 March 2015 this version
Amended by Registration of Persons Act, 2015
21 August 2009
04 August 2006
01 September 2002