Immigration Decree
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CONSOLIDATED TO 30 JUNE 2012
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LAWS OF SEYCHELLES
CHAPTER 93
IMMIGRATION DECREE
[1st January1981]
ARRANGEMENT OF SECTIONS
PART I - PRELIMINARY
1. Short Title
2. Interpretation
PART II – APPOINTMENTS AND POWERS
3. Appointment of Director of Immigration, etc
4. Delegation of powers by Director of Immigration
5. Powers of Immigration officers
6. Liability of carriers introducing prohibited immigrants
7. Powers of immigration officers and police officers to arrest deportees from other countries in transit
PART III – EXAMINATION OF PERSONS ENTERING AND LEAVING SEYCHELLES AND OTHERS
8. Entrants to appear before immigration officer
9. Examination of entrants and others
10. Security may be required
11. Examination of person leaving Seychelles
12. Power to order passport to be delivered
PART IV – ISSUE, VARIATION AND REVOCATION OF PERMITS
13. Persons exempted
14. Dependant’s permits
15. Residence permits
16. Visitor’s permit
17. Gainful occupation permits
18. Temporary permits
PART V – PROHIBITED IMMIGRANTS
19. Prohibited immigrants
20. Prohibited immigrants required to leave Seychelles
21. Representations against requirements to leave Seychelles
22. Suspected prohibited immigrants
23. Deportation
24. Detention
PART VI – MISCELLANEOUS
25. Evidence
26. Burden of proof
27. No suit for damages in respect of things done in good faith
28. Offences and penalties
29. Regulations
30. Service of notice
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PART I – PRELIMINARY
1. This Decree may be cited as the Immigration Decree.
2. In this Decree, unless the context otherwise requires-
“Director of Immigration” means the person appointed as Director of Immigration under section 3;
“gainful occupation” and “gainfully occupied” mean the carrying on of or employed in any profession, trade business or other avocation for gain or reward in Seychelles;
"immigration officer" means a person appointed as an immigration officer under section 3 and includes the Director of Immigration;
"land" as a verb, includes arrival or entry by any form of conveyance and references to landing, unless the context otherwise requires, include attempts to land;
"passport" means a passport or other travel documents of identity?
(a) (i) issued by or on behalf of the Government or any sovereign state recognised by the Government or issued by the United Nations Organization;
(ii) which contains a personal description of the holder, the name of the country in which he was born and the date of his birth;
(iii) to which is attached a phonograph being a true likeness of the holder wherein his features are clearly and correctly depicted; and
(iv) which, except where a visa is dispensed with in pursuance of an arrangement to which the Government is a party, bears the visa or endorsement of a person authorized by the Government to that end; or
(b) of a type prescribed.
"permit" means a permit issued under this Decree;
"prohibited immigrant" means a person described in section 19 as a prohibited immigrant;
"this Decree" includes any regulations or rules made under this Decree.
PART II. ? APPOINTMENTS AND POWERS
3. (1) There shall be appointed as public officers a Director of Immigration and such immigration officers as may be necessary for the proper administration of this Decree.
(2) The Minister may, by order published in the Gazette, confer all or any of the powers or impose all or any of the duties of an immigration officer under this decree upon any public officer.
4. (1) The Director of Immigration may, in writing and subject to such restrictions, reservations, exceptions and conditions as he may think fit, delegate to an immigration officer all or any of the powers conferred on him by or under this Decree;
Provided that no such delegation shall prevent the exercise by the Director of Immigration of any delegated power.
(2) The Director of Immigration may at any time in writing revoke or vary and delegation under subsection (1) or all or any of the powers included within such delegation.
5. (1) An immigration officer may arrest any person whom he reasonably suspects of being a prohibited immigrant or to have contravened or to be about to contravene any provision of this Decree.
(2) For the purpose of discharging his functions under this Decree, an immigration officer may?
(a) without warrant, stop, enter and search any aircraft, vessel or vehicle in Seychelles or, without warrant, enter and search any premisses;
(b) require the person in charge of any aircraft or vessel arriving in or leaving Seychelles to furnish a list of the names of all person in the aircraft or vessel, as the case may be, and such other prescribed information as it is within the power of such person to furnish.
(3) An immigration officer investigating an offence or an alleged or suspected offence against this Decree shall have all the powers, privileges, protections and authorities conferred by law on a police officer.
6. The person in charge of any aircraft or vessel bringing into Seychelles any person found, on appearing before an immigration officer in accordance with section 8, to be a prohibited immigrant and the owners, agents and charterers of such aircraft or vessel shall, upon being required to remove such prohibited immigrant from Seychelles, be responsible for such removal as soon as practicable thereafter and in default thereof shall be jointly and severally liable to pay to the Government all expenses incurred by the Government in connexion with the removal of such prohibited immigrant from Seychelles.
7. (1) Where any person has been ordered to be deported by the appropriate authorities of any other country and such person enters Seychelles on his way to his final destination, any immigration officer or police officer or police officer may arrest such person without warrant and such person may be detained in prison or in police custody until such time as arrangements can be made for the continuation of his journey.
(2) Any person detained in pursuance of this section shall be deemed to be in lawful custody.
(3) The person in charge of any vessel or aircraft about to call at any port or place outside Seychelles shall, if so required by an immigration officer, receive a person to whom this section applies on board the vessel or aircraft and, on payment, convey him or towards his final destination and provide proper accommodation and maintenance during the journey.
(4) Any person who contravenes subsection (3) shall be guilty of an offence and liable to a fine of R10,000.
PART III ? EXAMINATION OF PERSONS ENTERING AND LEAVING SEYCHELLES AND OTHERS
8. Every person who arrives in Seychelles shall forthwith proceed and appear before the nearest immigration officer.
9. (1) An immigration officer may examine any person appearing before him in accordance with section 8, and any person whom he reasonably suspects to be a prohibited immigrant, for the purpose of ascertaining in relation to such person?
(a) his identity;
(b) the object of his entry into Seychelles;
(c) the nature of his claim to remain in Seychelles; and
(d) whether he is a prohibited immigrant.
(2) For the purpose of subsection (1), an immigration officer may require any person to whom that subsection relates?
(a) to produce his passport;
(b) to make and sign such declaration as may be prescribed;
(c) to produce documentary or other evidence relative to his claim to enter or remain in Seychelles; and
(d) to answer, in writing or otherwise, such questions as the immigration officer may put to him.
10. (1) The Director of Immigration may require in respect of any person entering Seychelles, as a condition of his remaining therein, the deposit of a sum of money or the furnishing of such guarantee as the Director of Immigration may accept in lieu of such deposit.
(2) The Director of Immigration shall specify?
(a) the sum of money not exceeding R 10,000 to be deposited or guaranteed; and
(b) the period not exceeding 2 years for which the deposit or guarantee is required.
(3) Any sum deposited or guaranteed in accordance with this section may be applied by the Director of Immigration to meet any expenditure incurred by the Government within the specified period in connexion with the care, treatment or maintenance within or the removal from Seychelles of the person concerned.
11. (1) Every person departing from Seychelles, except a person in direct transit through Seychelles by air not having left the precinct of such airports as may be prescribed, shall appear before an immigration officer.
(2) An immigration officer may require any person to whom subsection (1) applies?
(a) to produce his passport and any permit issued to him under this Decree and to surrender any such permit which has ceased to be valid;
(b) to make and sign such declaration as may be prescribed; and
(c) to answer, in writing or otherwise, such questions relating to his identity or departure as the immigration officer may put to him.
PART IV ? ISSUE, VARIATION AND REVOCATION OF PERMITS
12. (1) An immigration officer may require a person who is the holder of a passport issued other than by the Government of Seychelles to deliver his passport to the officer before leaving the vessel or aircraft in which he enters Seychelles or at any time while the person is in Seychelles.
(2) An immigration officer to whom a passport has been delivered under subsection (1) may retain the passport until the person leaves Seychelles.
13. (1) This Part shall not apply to?
(a) citizens of Seychelles;
(b) employees of persons working as consultants to the Government or a statutory corporation, company or other body corporate designated by the Minister by order in the Gazette for the purpose of this section;
(c) members of the crew of any vessel or aircraft engaged in their duties as such;
(d) any person accredited to Seychelles by or under the authority of the government of any sovereign state;
(e) any person who under any written law is entitled to any diplomatic immunities or privileges by reason of his association with an organization of which the Republic or the Government and one or more states or the government or government thereof are members; and
(f) any member of the official staff or of the house?hold of a person described in paragraphs (d) or (e).
(2) Any spouse or minor child of a person to whom subsection 1(b), (d) or (e) applies shall not requires a dependant's permit, a residence permit or a visitor's permit under this part.
14. (1) On application being made in the prescribed manner, the Minister may issue a dependant's manner, the Minister may issue a dependant's permit to any spouse or minor child a citizen of Seychelles who is not?
(a) a prohibited immigrant; or
(b) the holder of a residence permit or a gainful occupation permit.
(2) A dependant's permit shall be issued for such period, and subject to such terms and conditions, as the Minister may determine.
(3) A dependant's permit shall cease to be valid if the holder?
(a) fails to enter Seychelles within 12 months of the date of issue or is absent from Seychelles for any period exceeding 12 months;
(b) is in breach of any condition of the permit;
(c) is convicted of an offence against this Decree; or
(d) is deported from Seychelles under section 23.
(4) The Minister may, from time to time, extend, revoke, vary or modify the terms of a dependant's permit.
(5) A dependant's permit shall not permit the holder to be gainfully occupied in Seychelles.
(6) The Minister may revoke a dependant's permit if?
(a) there has been any breach of any condition of the permit; or
(b) he considers it in the public interest to do so.
15. (1) On application being made in the prescribed manner, the Minister may issue a residence permit to any person who is satisfied?
(a) is not a prohibited immigrant;
(b) intends to remain in Seychelles for a period in excess of 3 months;
(c) has a family or domestic connection with Seychelles; or
(d) has made or will make, in the opinion of the Minister, some special contribution to the economic, social or cultural life of Seychelles.
(2) A residence permit shall cease to be valid if the holder?
(a) fails to enter Seychelles within 6 months of the date of issue of the permit or such later date as the Minister may endorse thereon;
(b) is absent from Seychelles for a period in excess of 6 months without notifying the Director of Immigration in writing that he intends to return to Seychelles; or
(c) is absent from Seychelles for any period in excess of 12 months;
(d) is in breach of any condition of the permit;
(e) is convicted of an offence against this Decree; or
(f) is deported from Seychelles under section 23.
(3) A residence permit shall be issued for such a period, and subject to such terms and condition, as the Minister may determine.
(3) (a) A residence permit shall contain the names of such members of the permit?holder's household in respect of whom permission has been granted by the Minister to reside with the permit?holder during the currency of the permit.
(b) A residence permit shall not permit the holder to be gainfully occupied in Seychelles.
(4) (a) A residence permit shall contain the names of such members of the permit-holder’s household in respect of whom permission has been granted by the Minister to reside with the permit-holder during the currency of the permit.
(b) A residence permit shall not permit the holder to be gainfully occupied in Seychelles.
15A.(1) On application being made under this section, the Minister may issue a student’s permit to any person to enter and reside in Seychelles for the purpose of pursuing studies in an approved educational institution.
(2) An application under this section shall be in the form provided by the Director General of Immigration and shall be accompanied by-
(a) the prescribed fees;
(b) documentary proof of the fact that the applicant has been informed by an approved educational institution that the applicant would be enrolled as a student; and
(c) documentary proof of the fact that the applicant has sufficient funds to meet the expenses that the applicant would incur while residing in Seychelles.
(3) The Minister may issue a student’s permit for such period and subject to such conditions as the Minister may determine.
(4) A student’s permit shall not authorise the holder of the permit to be gainfully occupied in Seychelles.
(5) The Minister may revoke a student’s permit if the holder of the permit is in breach of any condition of the permit or if the Minister considers it in the public interest to do so.
(6) For the purpose of this section “an approved educational institution” means an institution authorised by Government to provide education or offer courses and research facilities in various subjects to students, both local and foreign.
16. (1) On application being made in writing, an immigration officer may, subject to such conditions as he may deem necessary, issue a visitor’s permit to any person who-
(a) is not a prohibited immigrant; and
(b) is not the holder of a dependant’s permit or a residence permit or a gainful occupation permit.
(2) A visitor’s permit shall specify the period of its validity, being a period not exceeding 3 months from the date of its issue, but capable of extension by the Director of Immigration for further successive periods not exceeding 3 months each to a maximum period of 12 months from such date of issue.
(3) The Director of Immigration may revoke a visitor’s permit if there has been a breach of any condition attached thereto or he considers it in the public interest so to do.
(4) Any person aggrieved by the revocation of a visitor’s permit under subsection (3) may appeal to the Minister whose decision shall be final and shall not be challenged in any court.
(5) Subject to this Decree, a visitor’s permit shall authorize the holder to enter and to remain within Seychelles until such permit expires.
17. (1) Notwithstanding the provisions of sections 15 and 16, no person shall be gainfully occupied in Seychelles except under and in accordance with the conditions of a gainful occupation permit.
(2) Application for a gainful occupation permit shall be made in the prescribed manner to the Minister through the Director of Immigration by the person seeking the permit or by the prospective employer, if any, of such person.
(3) The Minister, in considering an application under subsection (2), shall take particularly into account-
(a) the character, reputation and health of the applicant and, where relevant, any member of his household;
(b) the professional or technical qualifications of the applicant;
(c) the availability of the services of persons already in Seychelles;
(d) the protection of local interests;
(e) the economic and social benefit which the applicant may bring to Seychelles or enhance by his presence;
(f) the sufficiency of the applicant’s resources or proposed salary; and
(g) generally the requirements of the community as a whole, and such other matters as may arise from the application.
(4) The Minister, may, in any case, either refuse or grant the application subject to any condition or limitation, without assigning any reason for that decision.
(5) On the grant of an application made to the Minister, a gainful occupation permit shall be issued to the applicant for such period, and subject to such terms and conditions, as the Minister may determine.
(6) A gainful occupation permit shall contain the names of such members of the permit-holder’s household in respect of whom permission has been granted by the Minister to reside with the permit-holder during the currency of the permit.
(7) The Minister may, from time to time, extend, revoke vary or modify the terms of a gainful occupation permit.
(8) A gainful occupation permit shall permit the holder-
(a) to reside in Seychelles; and
(b) to be gainfully occupied in Seychelles,
subject to the terms and conditions thereof.
(9) The Minister may revoke a gainful occupation permit if there has been a breach of any condition attached thereto or he considers it in the public interest so to do.
17A.(1) A person who is not a Seychellois shall not be gainfully occupied in an International Trade Zone except under and in accordance with the conditions of an International Trade Zone Work Permit.
(2) On an application to the Director General of Immigration through the International Business Authority in the form approved by the Director General of Immigration the Director General of Immigration may, after consultation with the International Trade Zone Authority, grant to the applicant or the person in respect of whom an International Trade Zone Operator has made an application an International Trade Zone Work Permit.
(3) The Director General of Immigration may refuse to grant an International Trade Zone Work Permit without assigning reasons for the decision.
(4) An application referred to in subsection (2) may include a request that the spouse and minor children of the holder of the International Trade Zone Work Permit be authorised to reside with the holder of the Permit during the currency of the Permit, and where the application is granted, the Director General may include the names of such spouse and minor children in the Permit.
(5) An International Trade Zone Work Permit may be subject to such conditions not inconsistent with this section as the Director General of Immigration may think necessary.
(6) An International Trade Zone Work Permit shall authorise the person named in the Permit to-
(a) reside in Seychelles; and
(b) be gainfully occupied in the International Trade Zone specified in the Permit
on the conditions specified in the Permit.
(7) The Director General of Immigration-
(a) may, after consultation with the International Business Authority, revoke an International Trade Zone Work Permit where the Director General is satisfied that there has been a contravention of this Act or a condition of the Permit:
(b) shall revoke an International Trade Zone Work Permit where the Director General is required to do so by the Minister is required to do so by the Minister on the ground of national interest.
(8) An International Trade Zone Work Permit shall cease to be valid-
(a) at the end of the period for which it was granted;
(b) in the case of a person who is an International Trade Zone Operator, on the person ceasing to carry on business in an international Trade Zone;
(c) in the case of a person who is employed by an International Trade Zone Operator, on the person ceasing to be so employed by the Operator or on the Operator;
(d) if revoked by the Director General of Immigration under subsection (7).
(9) An International Trade Zone shall forthwith notify the Director General of Immigration, through the International Business Authority-
(a) where the Operator is the holder of an International Trade Zone Work Permit, of the occurrence of an event specified in subsection (8) (a) or (b);
(b) where the Operator s the employer of a person who is the holder of an International Trade Zone Work Permit, of the occurrence of an event specified in subsection (8) (a) or (c).
(9) In this section-
“International Trade Zone” means an International Trade Zone in terms of the International Trade Zone Act:
“International Trade Zone Authority” means the Authority in terms of section 5 of the International Trade Zone Act;
“International Trade Zone Operator” means a person who holds a licence to carry on business under the International Trade Zone Act”.
3. (1) The Director General of Immigration shall, after consultation with the International Trade Zone Authority, issue to every person who, on the coming into operation of the amendment contained in section 2-
(a) is not a Seychelles; and
(b) is lawfully in gainful occupation in an International Trade Zone.
an International Trade Zone Work Permit and the amendment contained in section 2 shall apply to the person and the Permit as if the Permit had been granted to the person by the Director General of Immigration following an application by or in respect of the person under the amendment.
(2) “International Trade Zone” and “International Trade Zone Authority” shall have the meanings assigned to these expressions in the amendment contained in section 2.
18. (1) The Director of Immigration may issue a temporary permit to a prohibited immigrant and shall do so if so directed by the Minister.
(2) The Director of Immigration may as a condition precedent to the issue of a temporary permit require a prohibited immigrant to deposit such sum as he or the Minister, as the case may be, may think fit for the purpose of securing the compliance with the conditions specified in the permit and, if any such condition is not complied with, the Director of Immigration may declare such sum to be forfeit.
(3) A temporary permit shall specify-
(a) such conditions for compliance by the holder as the Director of Immigration thinks fit; and
(b) the period of its validity:
Provided that no period in excess of 30 days shall be specified without the approval of the Minister or in any case in excess of 2 years.
(4) Subject to this Decree and the conditions specified therein, a temporary permit shall authorize the holder to enter and remain in Seychelles until such permit expires.
PART V – PROHIBITED IMMIGRANTS
19. (1) The following persons, not being citizens of Seychelles, are prohibited immigrants-
(a) any person who is infected or inflicted with or is a carrier of a prescribed disease and who is capable or likely to become capable of infecting any other person with such disease or of transmitting to him such disease;
(b) any prostitute or any person who in Seychelles has knowingly lived wholly or in part on the earnings of prostitution or has procured any other person for immoral purposes;
(c) any person who under any law in force at the time has been deported or removed from, required to leave, or prohibited from entering or remaining within, Seychelles:
Provided that a person with respect to whom the Director of Immigration is satisfied that the ground on which he was so dealt with no longer applies shall not be a prohibited immigrant;
(d) any person in Seychelles in respect of whom a permit under this Decree has been revoked or has expired;
(e) any person who-
(i) is likely to become a charge on the Republic in consequence of his inability to support himself or any of his dependants in Seychelles and to provide for the removal of himself or such dependants from Seychelles;
(ii) has contravened any provision of this Decree or has failed to comply with any lawful requirement made under this Decree; or
(iii) has made any false representation to or concealed any information from an immigration officer which is relevant to his entry into or presence within Seychelles;
(f) any person appearing before an immigration officer on entering Seychelles who is of the apparent age of 16 years or more and who, on demand by the immigration officer, fails to establish that he is the holder of a valid passport;
(g) any person entering Seychelles who is required under section 8 to appear before an immigration officer and who fails to comply with that section;
(h) any person who-
(i) has been sentenced in any country including Seychelles to a term of imprisonment following on his conviction for an offence and has not received a free pardon; and
(ii) in the opinion of the Director of Immigration is not of good character;
(i) any person whose presence in Seychelles is declared in writing by the Minister to be inimical to the public interest.
(2) Notwithstanding subsection (1), the Minister may exempt any person from the provisions of that subsection and until such exemption is revoked such person shall not be deemed to be a prohibited immigrant.
20. (1) An immigration officer may, and, in the case of a person to whom section 19(1)(i) relates, shall, by notice served on any prohibited immigrant, require him to leave Seychelles.
(2) A notice served under subsection (1) shall specify in relation to the person on whom it is served-
(a) the reason why he is considered to be a prohibited immigrant;
(b) the period within which he is required to leave Seychelles; and
(c) the manner and route by which he shall travel in leaving Seychelles.
(3) The period within which a person shall be required to leave Seychelles shall, except in the case of a person who within 7 days of his appearing before an immigration officer in accordance with section 8 has been served with a notice under this section, be not less than 48 hours and shall commence-
(a) in the case where such person does not make representations under section 21, from the time he is served with the notice requiring him to leave Seychelles; or
(b) in the case where such person makes representations under section 21, from the time he is advised such representations have not been successful.
(4) An immigration officer, may without warrant, arrest and detain a person on whom a notice under subsection (1) has been served while arrangements are made for such person to leave Seychelles.
21. (1) Any person served with a notice under section 20 to leave Seychelles who, on receipt of such notice, has lawfully remained in Seychelles no longer than 7 days, may, within 48 hours of receiving such notice, deliver to any immigration officer, police officer or prison officer written representations to the Minister against such notice and such representations shall be placed before the Minister without delay.
(2) If, after considering such representations, the Minister does not think fit to exercise his powers in relation to the issue of permits or the exemption of persons under section 19 (2), the person who made such representations shall be notified that his representations have been unsuccessful.
(3) The decision of the Minister under this section shall be final and shall not be challenged in ay court.
22. (1) An immigration officer may detain any person whom he reasonably suspects of being a prohibited immigrant for such reasonable period not exceeding 14 days as may be required for the purpose of making enquiries relating to such person.
(2) An immigration officer may require any person whom he reasonably suspects of being a prohibited immigrant by virtue of any physical or mental condition to submit to examination by a prescribed medical practitioner and for the purpose of such examination to answer such questions and to undergo such examination as the medical practitioner may require.
(3) An immigration officer may require any person whom he reasonably suspects of being a prohibited immigrant by virtue of section 19(1) (h) to submit to the taking of his measurements, photograph and finger and palm prints:
Provided that all records of such measurements, photographs, finger and palm prints shall be handed over to such person if he is found not be a prohibited immigrant and makes application in that behalf.
23. (1) Any person who in the opinion of the Minister is, by his presence or his conduct, likely to be a danger to peace and good order in Seychelles may be deported from Seychelles pursuant to a warrant under the hand of the Minister.
(2) Any prohibited immigrant who-
(a) having been required under section 20 to leave Seychelles, fails to do so within the prescribed period; or
(b) fails to comply with any condition in any temporary permit issued to him,
may, without warrant, be arrested, detained and deported from Seychelles by any immigration officer or police officer.
(3) An immigration officer may, without warrant, arrest, detain and deport from Seychelles any person whom, within 7 days of such person appearing before an immigration officer in accordance with section 8, he reasonably believes to be a prohibited immigrant-
(a) who is not the holder of a valid temporary permit;
(b) who has not beens served with a notice under section 20 requiring him to leave Seychelles; and
(c) with respect to whom the procedure provided in section 20 is inadequate to ensure the departure from Seychelles of such person.
(4) A warrant issued under this section shall be sufficient authority for-
(a) the detention of the person named therein pending completion of the arrangements for his deportation from Seychelles at the first reasonable opportunity; and
(b) the removal from Seychelles in custody or otherwise of such person.
(5) For the purpose of establishing, in relation to a person liable to be deported under this section, his identity, his identity, his citizenship and the country of his origin, an immigration officer may require such person-
(a) in writing or otherwise to answer such questions as the immigration officer may put to him; and
(b) to produce his passport and any other relevant document in his possession.
24. (1) An immigration officer who detains a person under section 22 or section 23 may, by warrant under his hand, cause such persons to be detained in a place described in subsection (2).
(2) The officer in charge of any place specially provided for the detention of persons under this Decree, any prison or any other place where facilities exist for the detention of person, shall receive into his custody any person in respect of whom a warrant has been issued under section 23 or subsection (1).
(3) Any person detained under this Decree and not serving a sentence of imprisonment shall be treated as person awaiting trial.
PART VI - MISCELLANEOUS
25. Any document purporting to be-
(a) a warrant, notice, permit, certificate or other document properly issued under this Decree; or
(b) a certified true copy of any record kept by the Director of Immigration,
shall in any prosecution or other proceedings under or arising out of this Decree be prima facie evidence of the facts contained therein and shall be receivable in evidence without proof of the signature or the official character of the persons appearing to have signed or certified the same:
Provided that the court before which the proceedings are brought may direct that oral evidence be brought relating to such facts, signature or official character.
26. In any proceedings under or for any of the purposes of this Decree, the burden of proving with respect to any person-
(a) his status as a person to whom section 13 relates; or
(b) that he is the holder of a permit issued under this Decree or has been exempted under this Decree from any provision thereof,
shall be upon such person.
No suit or other legal proceedings for damages shall be instituted in any court against the Government or any immigration officer or any public officer for or on account of or in respect
27. (1) Any person who-
(a) for the purpose of obtaining for himself or for any other person or of assisting any other person to obtain any permit under this Decree, or with intent to deceive any immigration officer, makes or causes to be made any declaration, return or statement which he knows or has reasonable cause to believe to be false or misleading;
(b) otherwise than with the authority of the Minister, alters or defaces or destroys any permit or any entry or endorsement in any passport made under or in pursuance of this Decree, or any official or certified copy of any such permit;
(c) resists, hinders or obstructs any immigration officer or other officer or person in the lawful execution of his duty or in the lawful execution of his powers under this Decree;
(d) knowingly misleads or attempts to mislead any immigration officer in relation to any matter material to the performance of exercise by any immigration officer of any function, power, duty or discretion under this Decree;
(e) uses, or without lawful authority has in his possession, any forged or unlawfully altered or unlawfully issued or howsoever irregular passport, certificate, permit, endorsement or pass, or written authority, approval or other document issued or purporting to have been issued under this Decree, or any passport in which any visa, entry or endorsement has been forged or unlawfully altered;
(f) refuses or fails to submit to a medical examination, or to undergo or assist in carrying out any test or investigation in connexion with a medical examination when so required under this Decree;
(g) fails to furnish any information required to be given under this Decree or furnishes such information knowing or having reasonable cause to believe the same to be false or misleading;
(h) unlawfully enters or is unlawfully present in Seychelles in contravention of this Decree;
(i) fails to comply with any notice issued to him under this Decree;
(j) fails to comply with the conditions of any permit issued to him under this Decree;
(k) harbours any person whom he knows or has reasonable cause to believe to be a person whose presence in Seychelles is unlawful;
(l) uses any permit issued to or in respect of any other person as if it had been issued to or in respect of himself;
(m) gives, sells or parts with possession of any permit in order that, or intending or having reasonable cause to believe that, it may be used in contravention of paragraph (e);
(n) having been directed by an order made under this Decree to remain out of Seychelles returns to Seychelles in contravention thereof;
(o) fails to deliver his passport when or within the time required by an immigration officer under section 12,
shall be guilty of an offence and liable to a fine of R.30,000 and to imprisonment for 3 years.
(2) Where any prohibited immigrant enters Seychelles on or from any vessel or aircraft, whether or not with the knowledge of the person in charge thereof or any agent therefore, such person in charge and such agent shall be guilty of an offence and liable to a fine of R20,000 and the vessel or aircraft may, by order of court, be detained until provision has been made by the person in charge thereof to the satisfaction of an immigration officer for the conveyance out of Seychelles of such prohibited immigrant:
Provided that no offence shall be committed against this subsection in any case where the prohibited immigrant is at the time of entry in possession of a permit purporting to authorize him to enter Seychelles and purporting to be issued under this Decree.
(3) Where any fine is imposed under this Decree upon the person in charge of any vessel or aircraft or any agent therefore, such vessel or aircraft may, by order of court, be detained until such fine has been paid and it shall be lawful for the court when imposing such fine to order execution against such Bessel or aircraft in payment of such fine.
(4) In any proceedings for an offence under this section, a person shall be deemed to know the contents of any declaration or statement which he has signed or marked, whether he has read such declaration or statement or not, if he knows the nature of the document.
29. The Minister may make regulations for the better carrying out of the provisions of this Decree and, without prejudice to the generality of the foregoing, such regulations may make provision for-
(a) anything which is to be or may be prescribed under this Decree;
(b) the form of warrants, permits and other documents to be used for the purpose of this Decree;
(c) the fees to be paid for any permit or other document issued under this Decree;
(d) the places at which immigration controls shall be situated and the hours during which such controls shall operate; and
(e) the payment and recovery of any expenses incurred by the Government in connexion with the detention, maintenance, medical treatment and removal of any person under the provisions of this Decree.
30. Any written notice required by this Decree to be served on any person may, if such person cannot be found, be published in the Gazette and shall be deemed to have been duly and properly served on the commencement of the day following the date of publication.
___________________
LAWS OF SEYCHELLES
|
CHAPTER 93
IMMIGRATION DECREE
Section 15, 16, 17, 18, 19, 20, 22, 23, 24 and 29
Immigration Regulations, 1981
[1st June, 1981]
ARRANGEMENT OF REGULATIONS
1. Citation
2. Prescribed forms
3. Prescribed fees
4. Immigration controls
5. Applications
6. Recovery of expenses incurred in respect of prohibited immigrant
7. Liability of carriers with respect to persons on board
First Schedule
Second Schedule
_________________
1. These Regulations may be cited as the Immigration Regulations.
2. The forms set out in the First Schedule are prescribed for the purposes of the provisions of the Decree respectively specified in each such form.
3. The fees specified in Column 2 of the Second Schedule shall be paid in respect of the matters specified in Column 1 of the Schedule:
Provided that the Minister may, in respect of any person or class of persons, waive or reduce any such fee.
4. (1) Immigration controls for person arriving or departing by air shall be situated at Seychelles International Airport, and shall be open 24 hours a day.
(2) Immigration controls for person arriving or departing by sea shall be situated at Victoria Port, Mahe, and shall be open from 06.00 to 18.00 on each day.
5. Every application for-
(a) a residence permit under section 15;
(b) a visitor’s permit under section 16(1);
(c) the extension of a visitor’s permit under section 16(2);
(d) a gainful occupation permit under section 17; or
(e) the variation of any term or condition of a permit
shall be submitted to the Director of Immigration on the appropriate form completed by the applicant in the manner indicated on the form, and shall be accompanied by the appropriate fee.
6. (1) If, on the application of the Director of Immigration, a judge is satisfied that any expenses have been or will be incurred by the Government in connection with the detention, maintenance, medical treatment or deportation of any prohibited immigrant and his wife, children or other dependants, he may issue a warrant for the levy of the amount by distress and sale of any property belonging to such prohibited immigrant.
(2) A warrant issued under sub-regulation (1) may be executed in the same manner as a warrant for the levy of a fine.
(3) The partial recovery of expenses under this regulation shall not prejudice the liability of any surety for the balance nor shall the issue of execution of a warrant under this regulation be a condition precedent to the liability of a surety.
7. (1) The person in charge of any aircraft or vessel shall, prior to landing or docking in Seychelles, issue or cause to be issued to every person on board such aircraft or vessel the appropriate form set out in the First Schedule.
(2) Any person who, without reasonable cause, fails to comply with sub-regulation (1) shall be guilty of an offence and liable to a fine of R.100 in respect of each person to whom a form was not issued.
Regulation 2 FIRST SCHEDULE Form IMM/1
FORMS
REPUBLIC OF SEYCHELLES
IMMIGRATION DECREE
(Cap 93)
(Section 13)
Application for Residence Permit
NOTES AND INSTRUCTIONS
Please read carefully as incomplete applications cannot be considered.
All questions must be answered in full, N/A may be inserted only if the question does not apply to the applicant.
1. A processing fee of R.500 is payable on submission of the application.
2. The application form is to be completed in duplicate.
3. You may apply for a residence permit only if:
(a) you have a family or domestic connection with Seychelles; or
(b) you have made or will make some special contribution to the economic, social or cultural life of Seychelles.
When answering Question 11, you should give all relevant details and submit documents to support your application.
4. An application for a Residence Permit is necessary for each person who has attained the age of 18 years and is desirous of a permit to reside in Seychelles and this is irrespective of whether the person is a member of the household of another applicant and has been included as such in the application of that other applicant.
5. The undermentioned documents should be attached to this application: if they are in a language other than English or French, a certified translation of those documents in one of the latter languages should also be attached).
(a) Two full face, passport type, photographs of all persons not citizens of Seychelles mentioned on the application form: Every photograph must, on the reverse side thereof, reflect the full first names and surname of each individual. (Instant or machine type photographs are not acceptable).
(b) One certified copy of the birth certificates of all persons mentioned on the application.
(c) One certified copy of the marriage certificate, if married.
(d) Documentary evidence of divorce or legal separation, if applicable.
(e) At least two testimonials as to character from persons of standing who have known you for at least two years. The testimonials should clearly indicate identity and standing of the persons giving them.
(f) Police certificates from all countries in which you have resided for more than 3 months.
(g) If you hold more than one nationality, this should be clearly indicated. You should also submit a certified copy of any certificate of citizenship you hold.
(h) If you hold more than one passport, you should give details of each passport.
(i) A medical certificate from a medical practitioner to the effect that he finds you and your children who are less than 18 years old, who are members of your house-hold and who are to reside with you:
(1) not mentally disordered or physically defective in any way;
(2) not suffering from any infectious or contagious diseases;
(3) generally in a good state of health.
The certificate should state if applicant or any of the applicant’s minor children have suffered from any disease, condition or defect which might recur.
6. Proof of funds or income to support yourself and dependents.
7. A residence permit does not entitle the holder to be gainfully occupied, in Seychelles. If you wish to be gainfully occupied, you should apply for permission on the appropriate form which is obtainable from the Immigration Office.
_____________
1. Particulars of applicant
(i) Surname ………………………………………………………….
(ii) Maiden Surname …………………………………………………
(iii) Other Names ……………………………………………………..
(iv) Date of Birth ………………………….. (v) Sex ………………..
(v) Town and Country of Birth ……………………………………...
(vi) Nationality(ies) State Country(ies) of which you are a national (see note 5(g))
(vii) Passport Details: (see note 5(h))
Number Place of issue Date of issue Issuing Country
…………… ……………. …….……….. …………..……
…………… ……………. …….……….. …………..……
…………… ……………. …….……….. …………..……
(ix) Profession or occupation …………………………………….
(x) State if married/single/widowed/separated/divorced
(see note 5(c)(d) ………………………………………………...
(xi) Full Address …………………………………………………….
…………………………………… Telephone No. ……………..
2. Particulars of Spouse
(i) Surname ……………………………………………………………
(ii) Maiden Surname …………………………………………………..
(iii) Other Names ………………………………………………………
(iv) Date and place of Birth ……………………………………………
(v) Nationality(ies) State Country(ies) of which he/she is a national ……………………………………………………………………
(vi) Passport Details:
Number Place of issue Date of issue Issuing Country
……………… …………………. ……………….. ………………..
……………… …………………. ……………….. ………………..
……………… …………………. ……………….. ………………..
(vii) Profession or Occupation
………………………………………………………………..
3. Particulars of dependent children under 18 years of age whose maintenance you undertake (see not 5(b))
Name Sex Date of birth Country of birth
(i) …………… ……………. ………….. …………..
(ii) …………… ……………. ………….. …………..
(iii)…………… ……………. ………….. …………..
(iv)…………… ……………. ………….. …………..
(v) …………… ……………. ………….. …………..
Of the above, who do you wish endorsed on your permit?
………………………………………………………………………….
4. Particulars of other members of your household whom you wish to reside with you during the currency of your permit
Please give the following details in respect of each person. Use a separate sheet of paper.
(i) Surname; Other Names
(ii) Sex
(iii)Town and Country of birth; Date of birth
(iv)Nationality
(v) State if married/single/widowed/separated or divorced
……………………..
Documentary evidence of divorce, legal separation or spouse’s death to be submitted, if applicable.
(vi) Passport Number and issuing country
(vii) Profession or occupation
(viii) Relationship to applicant and reasons why applicant wishes the person to reside with him during the currency of the permit.
(see note 4)
5. Countries of residence during past ten years giving inclusive dates of residence in each
(see note 5(f).)
______________________________________________________________
Country Period of Residence
From To
______________________________________________________________
…………………….. ……………….. ………………
…………………….. ……………….. ………………
…………………….. ……………….. ………………
…………………….. ……………….. ………………
6. Have you or any of your dependant children who are less than 18 years old and whom you wish to be endorsed on your permit ever been sentenced to a term of imprisonment with or without the option of a fine after being convicted of any crime or offence in any country?
(see note 5(f).)
Answer yes or no …………………………….. If yes, full particulars
Must be given ………………………………………………………...
………………………………………………………………………...
………………………………………………………………………...
7. Have you or any of your dependant children who are less than 18 years old and whom you wish to be endorsed on your permit ever been restricted from entering any country or deported or repatriated from any country?
Answer yes or no ……………….. If yes, full particulars and dates
Must be given
……………………………………………………………………..
……………………………………………………………………..
……………………………………………………………………..
8. Do you or any of your dependant children who are less than 18 years old and whom you wish to be endorsed on your permit suffer, or have any of you ever suffered from any physical or mental disability?
Yes/No ………………………………… (see note 5(i)) …………….
If yes, give full details ………………………………………………..
………………………………………………………………………...
………………………………………………………………………...
9. Which languages are you proficient in? ……………………………..
…………………………………………………………………………….
10. Do you intend to be gainfully occupied in Seychelles (see note 7)
Applicant: Yes/No ………………….. Wife: Yes/No ……………….
11. State full particulars of category under which you claim to be qualified to be issued with a residence permit. (see note 3)
I understand that incorrect, misleading or untrue information or any information withheld in any material manner which may affect the issue of my residence permit will result in the revocation of the permit.
I hereby declare that the information furnished by me in this application is complete and is true and correct.
Signed ……………………………………. Date …………………………….
______________________________________________________________
FOR OFFICIAL USE
Received on ………………………….. CR NO ……………………….
__________________
REPUBLIC OF SEYCHELLES
THE IMMIGRATION DECREE From IMM/2
(Section 17)
Application for Gainful Occupation Permit
Note: 1. All questions must be answered in full and as clearly as possible. A dash (-) cannot be accepted
As an answer and the expression ‘Note applicable’ should be avoided.
Part II of the form need not be completed by self-employed persons.
Part I – Personal Particulars
1. Full name: (Mr/Mrs/Miss) ………………………………………………...
(Surname first)
2. (a) Place and Country of birth …………………………………………...
(b) Date of birth ………………………………………………………….
3. Nationality ………………………………………………………………….
4. Passport details:
(a) Passport number …………………….. (b) Date of issue ……………...
(c) Place of issue ……………………….. (d) Date of expiry ……………..
5. State whether married/single/divorced/widower/widow:
………………………………………………………………………………
6. Particulars of persons whose names the foreign worker wishes endorsed on his permit, if approved, to enable them to reside with him.
______________________________________________________________
NAME DATE OF PLACE OF RELATIONSHIP
BIRTH BIRTH
1. ……………. …………. ……………… ………………….
2. ……………. …………. ……………… ………………….
3. ……………. …………. ……………… ………………….
4. ……………. …………. ……………… ………………….
5. ……………. …………. ……………… ………………….
6. ……………. …………. ……………… ………………….
______________________________________________________________
7. Present address: …………………………………………………………….
……………………………………………………………………………….
8.Qualifications (To be supported by documentary evidence)
(a) Educational ………………………………………………………
(b) Professional or technical …………………………………………
(c) Which languages are you proficient in …………………………..
Name and full postal Nature of Period so employed
Address of employer employment
(i) …………………… ……………….……………………
(ii) ………………….. ……………… ……………………
(iii)………………….. ……………… ……………………
(Please use separate sheet)
9. How was the offer of his services obtained? ……………………….……..
………………………………………………………………………..
10. Give details of criminal convictions in any country (if none,
write “NONE” …………………………………………………….
PART II
(To be completed by employer)
1. 1, I/We (Name of employer) …………………………………………..
of (postal address) …………………………………………………..
being engaged in (state profession or business) ……………………..
……………………………………………………………………….
Wish to employed the person whose particulars are given in
Part I.
2. Description of job being offered to foreigner ……………………..
3. Date from which worker is required ……………………………….
4. Period of employment offered ………………………………………
5. Annual salary offered ……………………………………………….
6. Details of any other payments or allowances offered e.g. accommodation/traveling/entertainment: ……………………...……
………………………………………………………………………..
7. Give reasons for wishing to employ a foreign worker (use separate sheet)
8. (a) What steps have you taken to employ Seychelles citizens to fill
this vacancy? ………….……………………………………….
……………………………………………………………………….
(b) If the post has been advertised please submit:
(i) copies of advertisements
(ii) names of applicants
(iii)reasons why applicants do not qualify for the job
9. If you do not have a Seychellois citizen under training for this post, fill in the following:
(i) Minimum entry qualifications required for this post
…………………………………………………………………
(ii) Steps to engage a trainee ……………………………………..
…………………………………………………………………
10. If this application is approved, will be proposed employee be instrumental in training Seychellois citizens? If so, give full details
………………………………………………………………………
………………………………………………………………………
I hereby certify that the foregoing particulars are correct in every detail.
Date …………………….
……………………………..
Signature of employer
PART III
(To be completed by self-employed)
I/We (Name of self-employed) ………………………………………………
Of (Postal address) ……………………………………………………. Being
Engaged in (State profession or business) ……………………………………
Wish to be gainfully occupied.
1. Job description ……………………………………………………………..
………………………………………………………………………………
2. Place of employment (give full detail and state whether licences required
have been obtained) ……………………………………………………….
………………………………………………………………………………
………………………………………………………………………………
3. Particulars of capital available (To be supported by documentary evidence)
……………………………………………………………………………….
……………………………………………………………………………….
4. (a) How many citizens of Seychelles will you be employing?
………………………………………………………………………...
(b) Please give details of their posts ……………………………..………
………………………………………………………………………..
………………………………………………………………………..
I hereby certify that the following particulars are correct in every
detail.
Date …………………….
………………………………………
(Signature of applicant)
FOR OFFICIAL USE ONLY
Received on …………………………………. Cr. No. ……………………..
………………………………..
Signature of Immigration Officer
________________
REPUBLIC OF SEYCHELLES *From IMM/4
IMMIGRATION DECREE
(Section 15)
Residence Permit
______________________
File Reference …………………………… Serial Number …………………
1. Mr/Mrs/Miss ………………………………………………………...
born at ……………………………………… on ……………………
is permitted to enter and re-enter and to remain within Seychelles
during the validity of this permit which is for a period of
………………… from the date of issue, subject to conditions
specified overleaf.
The following persons are permitted to enter and re-enter and to
remain within Seychelles with the permit holder during the currency
of the permit unless otherwise specified.
Name Place of birth Date of birth
………………… …………………… …………………..
………………… …………………… …………………..
………………… …………………… …………………..
………………… …………………… …………………..
Date ……………………………
………………………………….
Chief Immigration Officer
______________________
REPUBLIC OF SEYCHELLES *From IMM/5
IMMIGRATION DECREE
(Section 17)
Gainful Occupation Permit
______________________
File Reference …………………………… Serial Number …………………
1. Mr/Mrs/Miss ………………………………………………………...
born at ……………………………………… on ……………………
is permitted to enter and re-enter and to remain and be gainfully
occupied as …………………………………………………..……
within Seychelles during the validity of this permit which is
from ……………………….… to ………………………………
inclusive, subject to conditions specified overleaf.
2. The following persons may enter and re-enter and remain within
Seychelles with the permit holder during the currency
of this permit or for a shorter period as specified.
Name Place of birth Date of birth
………………… …………………… …………………..
………………… …………………… …………………..
………………… …………………… …………………..
………………… …………………… …………………..
………………… …………………… …………………..
………………… …………………… …………………..
Date ……………………………
………………………………….
Chief Immigration Officer
EXTENSIONS OF VALIDITY
FROM TO CHIEF IMMIGRATION OFFICER’S SIGNATURE
………. .. ……….. ……………………………………………………….
………. .. ……….. ……………………………………………………….
………. .. ……….. ……………………………………………………….
………. .. ……….. ……………………………………………………….
………. .. ……….. ……………………………………………………….
______________________
REPUBLIC OF SEYCHELLES Form IMM/6
IMMIGRATION DECREE
(Section 17)
Application for Variation of Conditions or Period of Validity of
Gainful Occupation Permit
___________________
Name of permit holder (surname first) ……………………………………
……………………………………………………………………………….
Permit number ……………………………. Issued on …………………….
Which variation to the permit are you applying for? ………………………
……………………………………………………………………………….
……………………………………………………………………………….
……………………………………………………………………………….
……………………………………………………………………………….
……………………………………………………………………………….
Reasons for requested variation …………………………………………….
……………………………………………………………………………….
……………………………………………………………………………….
……………………………………………………………………………….
……………………………………………………………………………….
Name of applicant (in block capitals) ………………………………………
……………………………………………………………………………….
……………………………………………………………………………….
Address ……………………………………………………………………..
…………………………………….
Signature of applicant
FOR OFFICIAL USE ONLY
Received on …………………………………. CR No. ………………………
…………………………………..
Signature of Immigration Officer
______________________
REPUBLIC OF SEYCHELLES *From IMM/7
IMMIGRATION DECREE
(Section 18)
Temporary Permit
Subject to the conditions hereunder set out the holder …………… born at …………………………………………… on …………………………. is permitted until the ………………………….. day of ……………. 19………. to enter and remain within Seychelles.
This permit is issued subject to the following conditions*:
1. The holder shall report to ………………………………………….
at …………………………… at intervals of ………..………… and shall keep that person/authority advised of his postal and residential address.
2. The holder shall, except for the purpose of initially proceeding to and finally departing from that area or with the permission of an immigration officer, remain within the area ………………………………………………………………………...
…………………………………………………………………….......
3. The holder shall not engage in the following activities:
………………………………………………………………………...
4. The holder shall leave Seychelles before the date when this permit expires, that is the …………………………………………………….
………………………………. day of ………………….. 19 ……….
…………………………………
Chief Immigration Officer
Date ………………………………
*Delete any provision not applicable
EXTENSIONS
From ………………………………… to ………………………. inclusive.
…………………………………
Chief Immigration Officer
_________________
REPUBLIC OF SEYCHELLES Form IMM/8
IMMIGRATION DECREE
(Section 19)
Exemption
In exercise of the powers vested in the Minister responsible by section 19 of the Immigration Decree, …………………………………………………..
…………………………………………………………………………………
…………………………………………………………………………………
born at …………………………………. on …………………………………
is hereby exempted from the provisions of Section 19 of the
Immigration Decree.
Date ……………………….. ……………………
Minister
______________________
REPUBLIC OF SEYCHELLES *From IMM/9
IMMIGRATION DECREE
(Section 20)
Temporary Permit
Notice to Prohibited Immigrant to leave Seychelles
To ………………………………. Born at ……………………………………
On ……………………………………………………………………………..
WHEREAS you are a prohibited immigrant under section 19(1) of the Immigration Decree by reason of …………………………………………….
………………………………………………………………………………...
NOWTHEREFORE take note that you are required to leave Seychelles within the period of before …………………………………………………..
…………………………………………………….. in the following manner
………………………………………………………………………………..
and by the route ……………………………………………………………...
Date …………………………
…………………………………
Immigration Officer
…………………………………
Signature of recipient
Your attention is drawn to the following provisions of the Immigration Decree:
21 (1) Any person served with a notice under section 20 to leave Seychelles who, on receipt of such notice has lawfully remained in Seychelles longer than 7 days, may, within 48 hours of receiving such notice, deliver to any immigration officer, police officer or prison officer written representations to the Minister against such notice and such representations shall be placed before the Minister without delay.
20. (4) An Immigration Officer may, without warrant, arrest and detain a person on whom a prohibited immigrant’s notice has been served while arrangements are made for such person to leave Seychelles.
________________
REPUBLIC OF SEYCHELLES Form IMM/10
IMMIGRATION DECREE
(Section 22)
Warrant of Detention of Suspected Prohibited Immigrant
To the Officer in Charge of the prison/place of detention at
……………………………………………………………………………….
WHEREAS there are reasonable grounds for suspecting that
………………………………………………………………………………
(hereinafter called “the suspected prohibited immigrant”) is a
prohibited immigrant.
NOWTHEREFORE in accordance with the provisions of section 24 as read with section 22 of the Immigration Decree, you are hereby commanded to receive into your custody and to keep the suspected prohibited immigrant until the expiration of a period of fourteen days from this day or until sooner delivered in due course of law.
DATED at …………………. the ……………… day of …………
19 ………….
………………………………
IMMIGRATION OFFICER
___________________
REPUBLIC OF SEYCHELLES Form IMM/11
IMMIGRATION DECREE
(Section 24)
Warrant of Detention of Prohibited Immigrant
To ………………………………………………………………. WHEREAS
(hereinafter called “the prohibited immigrant”) is a person to whom subsection ……………………………… of section 19 of the Decree refers:
NOWTHEREFORE in accordance with the provisions of section 24 of the Immigration Decree, you are hereby commanded to receive into your custody and to keep the suspected prohibited immigrant pending completion of arrangements for his deportation from Seychelles on the first reasonable opportunity or until sooner delivered in due course of law.
DATED at ………………………. the …………………… day of …………
19 …………….
………………………………
IMMIGRATION OFFICER
___________________
REPUBLIC OF SEYCHELLES Form IMM/12
IMMIGRATION DECREE
(Section 23)
Warrant of Deportation
To the Chief Immigration Officer, the Commissioner of Police and all called “the deportee”, is in my opinion by his presence likely to be a danger to peace and good order in Seychelles and accordingly is deported under section 23 of the Immigration Decree.
WHEREAS ……………………………………………………., hereinafter called “the deportee”, is in my opinion by his presence likely to be a danger to peace and good order in Seychelles and accordingly is deported under section 23 of the Immigration Decree.
NOWTHEREFORE you are commanded to cause the deportee to be deported from the Republic of Seychelles.
ANDFOR SO DOING THIS SHALL BE YOUR WARRANT
DATED ……………………….
………………………………
MINISTER
_________________
SECOND SCHEDULE
FEES
Column 1 Column 2
1. Extension of Visitors Permit-
(a) First three months Free of charge
(b) Thereafter for each 3-months R5,000.00
period or part thereof
2. Processing of application for
Resident Permit R1,000.00
3. Residence Permit for a 5 year period
(a) Applicant R150,000.00
(b) Spouse of Applicant referred to
in sub-item (a), if the application
is processed together with that of
the applicant R75.000.00
(c) Inclusion of the name of a minor
child of the Applicant or of the
spouse in the Residence Permit
of the Applicant or that of
the spouse R25,000.00
4. Processing of application for a Gainful
Occupation Permit R1,000
5. Gainful Occupation Permit
(a) For a period of one month or,
part thereof R2,000
(b) For a period of twelve months R24,000
6. Endorsement on a Gainful
Occupation Permit of a member
of the holder’s household R1,000
7. Temporary Permit R10,000
8. Duplicate of a lost Permit or a missing
Permit except for Visitor’s Permit R500
9. Endorsement of a permit in a Passport R100
10.Student’s Permit for the period
specified in the Permit R1000 as
processing
Fee and R1500
as Permit fee
per year or
part thereof
__________________
Section 14 and 29
Immigration (Dependants Permit) Regulations
[23rd May 1983]
1. These Regulations may be cited as the Immigration (Dependants Permit) Regulations.
2. (1) An application for a Dependants Permit under section 14 of the Decree shall be made by the citizen of Seychelles in respect of whose dependant relative the Dependants Permit is requested.
(2) The application shall be in the form set out as Form 1 of the Schedule to these Regulations.
3. Where the Minister determines to grant a Dependants Permit, the Permit shall be in the form set out as Form 2 of the Schedule to these Regulations.
4. A processing fee of R1000 and an annual permit fee of R1000 is payable for grant of a Dependants Permit.
SCHEDULE
FORM 1
REPUBLIC OF SEYCHELLES Form IMM/13
IMMIGRATION DECREE
(Section 14)
Application for Dependants Permit
NOTES AND INSTRUCTIONS
PLEASE READ CAREFULLY AS INCOMPLETE APPLICATIONS CANNOT BE CONSIDERED
All questions must be answered in full. N/A may be inserted only if the question does not apply to the applicant.
1. You can, if you are a citizen of Seychelles apply for a dependant’s permit for-
(a) your spouse
(b) your minor/children.
2. The application is to be completed in duplicate.
3. The following documents (which will be retained) must accompany your application-
(a) two passport size photographs of dependant (instant or machine type photographs are not acceptable)
(b) documentary proof of Seychelles citizenship of applicant e.g. birth certificate, registration or naturalization certificate
(c) marriage certificate when a dependant’s permit is being applied for a spouse; and
(d) birth certificate of minor child/children if the application is for a dependant’s permit for a minor child/children.
NOTE CAREFULLY
A Dependants Permit does not entitle the holder to be gainfully occupied in Seychelles. A person wishing to be gainfully occupied should apply for a gainful occupation permit.
TO BE COMPLETED IN BLOCK CAPITALS
PARTICULARS OF APPLICANT
1. Surname (Mr/Mrs/Miss) ……………………………………………….
2. Other names ……………………………………………………………
3. Maiden surname (if applicable) ……………………………………….
4. Full address ……………………………………………………………
…………………………………………………………………………
5. Place and country of birth …………………………………………….
6. Date of birth …………………………………………………………..
7. Profession/Occupation ………………………………………………….
8. Details of residence in Seychelles from ……………… To ……………
……………… …………….
9. Particulars of means to support dependant …………………………….
………………………………………………………………………….
…………………………………………………………………………..
I ………………………………………………….……….. being a citizen of
Seychelleshereby make application for the issue of a dependants permit in respect of the following person residing at, ………………………… who is my dependant.
PARTICULARS OF DEPENDANT
1. Surname (Mr/Mrs/Miss) ………………………………………………
2. Other names …………………………………………………………...
3. Maiden surname (if applicable) ………………………………………
4. Place and country of birth ……………………………………………
5. Date of birth ………………………………………………………….
6. Nationality ……………………………………………………………
7. Profession/Occupation …………………………………………………
8. Relationship to applicant …………………………………………….
9. Details of residence in Seychelles From …………. To ………..
…………… ………...
I certify that the above information is true and correct.
Dated this ……………………. Day of …………………… 19 ……………
……………………………………
SIGNMATURE OF APPLICANT
________________
FORM 2
REPUBLIC OF SEYCHELLES Form IMM/14
IMMIGRATION DECREE
(Section 14)
Dependants Permit
File Reference ………………………. Serial Number ………………………
Mr/Mrs/Miss …………………………………………………..…….. born at
…………………………………………………………………………………
is permitted to enter and re-enter and to remain in Seychelles as a dependant of Mr/Mrs/Miss ……………………………………………………………..
……………………………………………………………………………….
during the validity of this Permit which is from …………………………….
……………………….. to ……………..………………. inclusive subject to
conditions specified overleaf.
Date …………………….. ……………………………...
Director of Immigration
EXTENSIONS OF VALIDITY
From To SIGNATURE OF DIRECTOR
OF IMMIGRATION
……………….. ………………. …………………………..
……………….. ………………. …………………………..
……………….. ………………. …………………………..
……………….. ………………. …………………………..
___________________
|
Sections 9, 16 and 29
Immigration (Embarkation and Disembarkation) Regulations
[15th October, 1984]
1. These Regulations may be cited as the Immigration (Embarkation and Disembarkation) Regulations.
2. Every person entering Seychelles by air or by sea shall, as the case may be, make a declaration in Form IMM/3A or Form IMM/3B in the Schedule.
3. Every person departing from Seychelles by air or by sea shall as the case may be make a declaration in Form IMM/3C or Form IMM/3D in the Schedule.
SCHEDULE Form IMM/3A
REPUBLIC OF SEYCHELLES
ARMORIAL BEARING APPLICATION FOR VISITOR’S PERMIT AND DISEMBARKATION CARD/DEMANDE DE PERMITS DE SEJOUR ET CARTE DE DEBARQUEMENT
No.
|
1. SURNAME/NOM
|
2. SEX/SEXE
|
|||
|
3. GIVEN NAMES/PRENOMS
|
||||
|
4. DATE OF BIRTH/DATE DE NAISANCE
|
5. NATIONALITY
NATIONALITE
|
|||
|
DATE
JOUR
|
MONTH
MOIS
|
YEAR
ANNEE |
||
|
6. PASSPORT NO/NUMERO DU PASSPORT
PLACE AND DATE OF ISSUE/LIEU ET DATE D’EMISSION
|
||||
|
7. PORT OF EMBARKATION 8. FLIGHT NUMBER
LIEU D’EMBARQUEMENT NUMERO DE VOL
|
||||
|
9. OCCUPATION/PROFESSION
|
||||
|
10. ADDRESS IN SEYCHELLES/ADRESSE AUX SEYCHELLES
|
||||
IMMIGRATION DECREE SECTIONS 9 & 16 (BY AIR)
WELCOME TO SEYCHELLES
BIENVENUE AUX SEYCHELLES
VISITOR’S PERMIT/CARTE DE VISITEUR
FOR OFFICIAL USE/RESERVE A L’ADMINISTRATION
NO.
|
FOR VISITORS ONLY/POUR LES VISITEUR SEULEMENT
|
|||||||||||||||||||
|
11. PRESENT RESIDENCE/RESIDENCE ACTUELLE TOWN/VILLE COUNTRY/PAYS
|
|||||||||||||||||||
|
12. PURPOSE OF VISIT
MOTIF DU VOYAGE
HOLIDAY VACANCES
VISIT FRIENDS OR RELATIVES VISIT D’AMIS OU DE PARENTS
BUSINESS TRANSIT AFFAIRES TRANSIT
OTHER (Specify) AUTRE (Preciser)
|
13. TOUR OPERATOR
TOUR OPERATEUR
|
||||||||||||||||||
|
14. TRAVEL AGENT AGENCE DE VOYAGES
|
|||||||||||||||||||
|
15. INTENDED LENGTH OF STAY IN SEYCHELLES DAYS DUREE PROBABLE DU SEJOUR AUX SEYCHELLES JOURS
|
|||||||||||||||||||
|
FOR RESIDENTS ONLY/POUR LES RESIDENTS SEULEMENT
|
|||||||||||||||||||
|
16. RETURNING RESIDENTS NEW RESIDENT
REVENANT DE L’ETRANGER NOUVEAU RESIDENT
|
|||||||||||||||||||
|
17. NUMBER OF WEEKS ABSNET FROM SEYCHELLES NOMBRE DE SEMAINES ABSENT DES SEYCHELLES |
|||||||||||||||||||
|
18. NATIONAL IDENTITY NUMBER/NO. D’IDENTITE NATIONALE
|
|||||||||||||||||||
…………………………………………………………………………………
SIGNATURE DATE
IMPORTANT: THIS PASS WILL ALSO SERVE AS YOUR EMBARKATION CARD, AND SHOULD BE HANDED IN ON DEPARTURE
IMPORTANT: CETTE CARTE VOUS SERVIRA AUSSI DE CARTE D’EMBARQUEMENT. VEUILLEZ LA CONSERVER ET LA REMETTRE LORS DE VOTRE DEPART
BON VOYAGE
FLIGHT/VOL: ………………………………………………………………
SURNAME/NOM: ………………………………………………………….
GIVEN NAMES/PRENOMS: ……………………………………………...
PASSPORT NO./NUMERO DE PASSPORT: …………………………….
____________________
REPUBLICOF SEYCHELLES
(SEA/PAR BATEAU) FORM IMM/3B
No ………………….
APPLICATION FOR VISITOR’S PERMIT AND DISEMBARKATION CARD/DEMANDE DE PERMIS DE SEJOUR ET CARTE DE DEBARQUEMENT
IN BLOCK LETTERS/EN LETTRES MAJUSCULES
1. Port of embarkation/Lieu d’embarquement ……………………………..
2. Surname/Nom …………………………………………………………...
Given names/Prenoms ………………………………………………….
Sex/Sexe: Male/Masculin Female/Feminin
3. Date of birth/Date de naissance ………………………………………….
4. Nationality/Nationalite …………………………………………………..
5. Occupation/Profesion ……………………………………………………
6. Passport Number/Numero du passeport …………………………………
Issued at/Lieu d’emission ……………………………………………….
Date of Issue/Date d’emission ……………………………………….….
7. Children traveling on same passport/Enfants voyageant avec le meme passeport
Given Names/Prenoms Sex/Sexe Age
1. ………………… ………………. ………………..
2. ………………… ……………….. ………………..
3. ………………… ………………. ………………..
P.T.O.
______________________________________________________________
FOR OFFICIAL USE/ A DES FINS
ADMINISTRATIVES NO. …………….
8. Country of present residence/Pays de residence actuelle
……………………………………………………………………………
Q9, 10, 11 NEED NOT BE COMPLETED BY RESIDENTS OF SEYCHELLES/NE DOIT PAS ETRE COMPLETE PAR LES RESIDENTS DES SEYCHELLES.
9. Full address in Seychelles/Adresse precise aux Seychelles
……………………………………………………………………………
……………………………………………………………………………
10.Purpose of visit/But de votre visite
(Tick one/Indiquer s.v.p.)
Holiday/Vacance Business/Affaire
Transit/ New Immigrant/
En cour de route Nouvel Immigrant
Other (specify/Autre (specifies) ………………………………….
…………………………………………………………………………
11.How long do you expect to stay in Seychelles/Combien de temps comptez-vous rester aux Seychelles?
…………………………………………………………………………..
12.………………………… ……………………
Signature Date
13.RESIDENTS ONLY/RESIDENCES SEULEMENT.
How long have you been absent from Seychelles/Pendant combine de temps avez-vous etait absent aux Seychelles?
……………………………………………………………………………
VISITOR’S PERMIT/CARTE VISITEUR
IMPORTANT: This pass will also serve as you Embarkation Card. It should
be kept and handed in on departure.
Cette carte vous servira aussi de carte d’embarquement.
Vous devez la conserver et la remattre lors de votre depart.
Surname/Nom Given names/Prenoms
…………………………… ……………………………
Flight No. ………………………….
_________________
Armorial Bearings) FORM IMM/3C
REPUBLICOF SEYCHELLES
EMBARKATION CARD/CARTE D’EMBARQUEMENT/KART LANBARKASYON
RESIDENTS & SEYCHELLES CITIZENS ONLY/RESIDENTS ET CITOYEN DES SEYCHELLES SEULEMENT/REZIDAN EK SITWAYEN SESEL SELMAN
1. SURNAME/NOM/SINYATIR 2.SEX/SEXE/SEKS
………………………………. ………………………
3. GIVEN NAMES/PRENOM/NON
…………………………………………………………………………….
4. DATE OF BIRTH/DATE DE NAISSANCE/DAT NESANS
……………………………………………………………………………
DAY MONTH YEAR
JOUR MOIS ANNEE
ZOUR MWA LANNEN
5. NATIONALITY/NATIONALITE/NASYONALITE
…………………………………………………………………………..
6. PASSPORT NO./NUMERO DU PASSPORT/NIMERO PASPOR
…………………………………………………………………………..
PLACE AND DATE OF ISSUE/LIEU ET DATE
D’EMISSION/LANDRWA E DAT DELIVRE
…………………………………………………………………………..
7. IDENTITY NUMBER/NUMERO D’IDENTITE/NIMERO IDANTITE
……………../……………./………………/………………/
8. OCCUPATION/PROFESSION/PROFESYON
…………………………………………………………………………..
9. FLIGHT NUMBER/NUMERO DE VOL/NIMERO VOL AVYON
………………………………………………………………………......
10.COUNTRY OF DESTINASYON/PAYS DE DESTINATION/PEI KOT
OU PE ALE
…………………………………………………………………………….
(TICK ONE/INDIQUEZ S.V.P.ENDIKE S.V.P.)
|
|
11.PURPOSE OF TRIP.OBJET DU VOYAGE/BIT OU VOYAZ
BUSINESS/AFFAIRES/BIZNES HOLIDAY/VACANCES/VAKANS
|
MEDICAL TREATMENT/SOINS MEDICAUX/TRETMAN DOKTER
|
EDUCATION/ETUDES/LEDIKASYON
|
END OF CONTRACT/FIN DE CONTRAT/LA FIN CONTRA
|
EMIGRATION/EMIGRATION/LEMIGRASYON
|
OTHER (SPECIFY) AUTRE (PRECISEZ) LOT REZON
…………………………………………………………………………….
12. IS YOUR DEPARTURE TEMPORARY OR PERMANENT/VOTRE
DEPART EST IL TEMPORAIRE OU PERMANENT/ESKI OU PE AL NOT OUBYEN POU EN SERTEN LETAN?
TEMPORARY/TEMPORAIRE PERMANENT/PERMANENT
POU EN SERTEN LETAN NET
|
|
13.IF TEMPORARY, EXPECTED LENGTH OF STAY ABROAD/SI
TEMPORAIRE DUREE DE VOTRE SEJOUR A L’ETRANGER/SI POU
EN SERTEN LETAN/KONBYEN LETAN OU POU RESTE DÉCOR?
|
|
LESS THAN ONE YEAR ONE YEAR OR MORE
MOINS D’UN AN UN AN OU PLUS
MWENS KI EB AN EN AN OU PLIS
14.IF PERMANENT, STATE PERIOD OF RESIDENCE IN
SEYCHELLES/SI PERMANENT, DECLLAREZ LA PERIODE DE
VOTRE RESIDENCE AUX SEYCHELLES/SI POU TOU LETAN
KONBYEN LETAN KI OU’N RESTE SESEL?
LESS THAN ONE YEAR ONE YEAR OR MORE
|
|
MOINS D’UN AN UN AN OU PLUS
MWENS KIEN AN EN AN OU PLIS
15.ADDRESS IN SEYCHELLES/ADDRESSE AUX
SEYCHELLES/LADRES DAN SESEL
……………………………………………..……………………………..
……………………………………………………………….…………..
…………………………….. ………….………….…….
SIGNATURE/SINYATIR DATE/DAT
BON VOYAGE
FORMIMM/3D
(Armorial Bearing)
REPUBLICOF SEYCHELLES
EMBARKATION OF SEYCHELLES
EMBARKATION CARD/CARTE D’EMBARQUEMENT/KART LANBARKASYON
RESIDENTS & SEYCHELLES CITIZENS ONLY/RESIDENTS ET CITOYENS DES SEYCHELLES SEULEMENT/REZIDAN EK SITWAYEN SESEL SELMAN
______________________________________________________________
1. SURNAME/NOM/SINYATIR 2. SEX/SEXE/SEKS
……………………………… ………………………
3. GIVEN NAMES/PRENOM/NON
……………………………………………………………………………
4. DATE OF BIRTH/DATE DE NAISSANCE/DAT NESAN
……………./…………………../……………..
DAY MONTH YEAR
JOUR MOIS ANNEE
ZOUR MWA LANNEN
5. NATIONALITY/NATIONLITE/NASYONALITE
…………………………………………………………………………..
6. PASSPORT NO./NUMERO DU PASSPORT/NIMERO PASPOR
………………………………………………………….
PLACE AND DATE OF ISSUE/LIEU ET DATE D’EMISSION
/LANDRWA E DAT DELIVRE
……………………………………………………………………………
7. IDENTITY NUMBER/NUMERO D’IDENTITE/NIMERO IDANTITE
……………./…………/……………../……………../
8. OCCUPATION/PROFESSION/PROFESYON
……………………………………………………………………………
9. NAME OF VESSEL/NOM DU BATEAU/NOM BATO
……………………………………………………………………………
10.COUNTRY OF DESTINATION/PAYS DE DESTINATION/PEI KOT
OU PE ALE
……………………………………………………………………………
(TICK ONE/INDIQUEZ S.V.P./ENDIKE S.V.P.)
11.PURPOSE OF TRIP/OBJET DU VOYAGE/BIT OU VOYAZ
|
|
|
BUSINESS/AFFAIRES/BIZNES HOLIDAY/VACANCES/VAKANS
|
MEDICAL TREATMENT/SOINS MEDICAUZ/TRETMAN DOKTER
|
EDUCATION/ETUDES/LEDIKASYON
|
END OF CONTRACT/FIN DE CONTRAT/LA FIN CONTRA
EMIGRATION/EMIGRATION/LEMIGRASYON
OTHER (SPECIFY) AUTRE (PRECISEZ)/LOT REZON
…………………………………………………………………………….
12.IS YOUR DEPARTURE TEMPORARY OR PERMANENT/VOTRE DE-
PART EST IL TEMPORAIRE OU PERMANENT/ESKI OU PE LA NOT
OUBYEN POU EN SERTEN LETAN?
TEMPORARY/TEMPORAIRE PERMANENT/PERMANENT
|
|
POU EN SERTEN LETAN NET
13. IF TEMPORARY, EXPECTED LENGTH OF STAY ABROAD/SI TEMPORAIRE DUREE DE VOTRE SEJOUR A L’ETRANGER/SI POU EN SERTEN LETAN/KONBYEN LETAN OU POU RESTE DEOR?
LESS THAN ONE YEAR ONE YEAR OR MORE
|
|
MOINS D’UN AN UN AN OU PLUS
MWENS KIEN AN EN AN OU PLIS
14. IF PERMANENT, STATE PERIOD OF RESIDENCE IN SEYCHELLES/SI PERMANENT, DECLARES LA PERIODE DE VOTRE RESIEDNECE AUX SEYCHELLES/SI POU TOU LETAN KONBYEN LETAN KI OU’N RESTE SESEL?
LESS THAN ONE YEAR ONE YEAR OR MORE
|
|
MOINS D’UN AN UN AN OU PLUS
MWENS KIEN AN EN AN OU PLIS
15. ADDRESS IN SEYCHELLES/ADDRESSE AUX SEYCHELLES
/LADRES DAN SESEL.
…………………………………………………………………………
…………………………………………………………………………
…………………………… ………………...
SINATURE/SINYATIR DATE/DAT
BON VOYAGE
_____________
|
Sections 13(1)(b) and 29
Immigration (Designated Corporate Bodies) Order
(8th August 1988)
1. This Order may be cited as the Immigration (Designated Corporate Bodies) Order.
2. The Minister hereby designates, for the purpose of section 13(1)(b) of the Immigration Decree, the statutory corporations, companies and other bodies corporate specified in the Schedule.
______________________
|
SCHEDULE
DESIGNATED CORPORATE BODIES
1. Air Seychelles Limited
2. Central Bank of Seychelles
3. Compagnie Seychelles De Promotion Hoteliere Limited
4. Development Bank of Seychelles
5. Electronique (Seychelles) Limited
6. Indian Ocean Nurseries Limited
7. Islands Development Company Limited
8. L’Union Estate Company Limited
9. National Travel Agency Limited
10.National Sports Council
11.Public Utilities Corporation
12.Seychelles Electronic Maritime Company Limited
13.Seychelles Fishing Authority
14.Seychelles Housing Development Corporation
15.Seychelles Marketing Board
16.Seychelles Public Transport Corporation
17.Seychelles Savings Bank
18.State Assurance Corporation of Seychelles
19 Seychelles National Oil Company Limited
20 Seychelles Industrial Development Corporation
21 Inter-Lotto Limited
22 Orchid Travel Limited
23 Seychelles Creation Limited
24 Aromes De l’Ocean Indien
25 Artisan Des Iles
26 SeychellesBureau of Standard
27 SeychellesInternational Business Authority
28 Mortgage Finance Company
29 SODIPLAS
30 Civil Construction Company Limited
31 Solid Waste and Cleaning Agency.
32 SeychellesLicensing Authority (SLA)
33 SEYPEC
34 SODEPAK
35 Seychelles Broadcasting Corporation (SBC)
_____________________
