Uganda Citizenship and Immigration Control Act

Section Commencement Section This 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.

Section Interpretation Section In 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Aviation Authority ” means any aviation body governing airline operations in Uganda; [definition of "commissioner" repealed by section 2(a) of Act 24 of 2006 ] “ convention travel document ” means a travel document issued to a refugee under the relevant refugee instruments and the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...

Section Appeals Section Any person aggrieved by any decision of the board under this Act may, within thirty days after the decision is communicated to him or her, appeal to the Minister against the decision. The Minister may, where it appears to him or her to be just, extend the period within which an appeal may be made under this section. The Minister may, upon application by the person aggrieved by the decision, extend the period within which any appeal may be made under subsection (2) if it appears to the Minister just so to do. The Minister may on appeal under this section confirm or reverse the decision of the board or refer the matter to the board for reconsideration. Any person aggrieved by a decision of the Minister on an appeal from a decision of the board under Part IV or V of this Act may, within thirty days after the decision is communicated to him or her, appeal to the High Court against the Minister ’s decision; and the decision of the High Court shall be final.

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

Section The board Section A member of the board may be removed from office by the President only for— The National Citizenship and Immigration Board established by article 16 of the Constitution shall consist of a chairperson , a deputy chairperson and not more than five other persons appointed by the President with the approval of Parliament. [subsection (1) substituted by section 2(a) of Act 5 of 2009 ] Each member of the board shall be a citizen of Uganda and a person of high moral character and proven integrity. inability to perform the functions of his or her office arising out of physical or mental incapacity; incompetence; conflict of interest; or being convicted of a criminal offence in Uganda or elsewhere. Subject to subsection (3), a member of the board shall hold office for a period of four years and is eligible for reappointment for one term only. A member of the board may be paid such remuneration as the Minister may, in consultation with the Minister responsible for finance, determine. Members of the board shall, subject to the other provisions of this section, hold office on such terms as may be determined by the Minister .

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

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

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

Section Functions of the board Section The functions of the board shall be— [paragraph (a) deleted by section 86(4)(a) of Act 4 of 2015 ] issuing Uganda passports and other travel documents; granting and cancelling citizenship by registration and naturalisation; granting and cancelling immigration permits; [paragraph (e) deleted by section 86(4)(a) of Act 4 of 2015 ] determining any questions which may arise in the implementation of this Act or any questions which may be referred to it by the Minister ; performing such other functions as may be assigned to it by or under this Act or any other enactment; and performing any other function determined by the Minister . The functions of the board set out in subsection (1)(b) and (d) may be decentralised to the district level. [subsection (2) amended by section 86(4)(b) of Act 4 of 2015 ]

Section Director and other immigration officers Section There shall be a Director for immigration and such number of other immigration officers as may be necessary for the efficient implementation of this Act. The Director shall be responsible for giving effect to the decisions of the board and shall be assisted by immigration officers all of whom shall assist the board in the performance of its functions under this Act and shall perform such duties in relation to them as the board may direct. Any functions conferred on the Director and other immigration officers by this Act shall be performed on behalf of and subject to the directions of the board . Subject to this Act, the board may review any action taken by an immigration officer on behalf of the board .

Section Vote of the board Section The board shall have a vote of its own. Non-tax revenue collected by the board shall be retained by the board to be appropriated in Aid. [section 8A inserted by section 3 of Act 5 of 2009 ]

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

Section Citizenship by birth Section The following persons shall be citizens of Uganda by birth — every person born in Uganda one of whose parents or grandparents is or was a member of any of the indigenous communities existing and residing within the borders of Uganda as at the first day of February, 1926, and set out in the Third Schedule to the Constitution; and every person born in or outside Uganda one of whose parents or grandparents was at the time of birth of that person a citizen of Uganda by birth.

Section Foundlings and adopted children Section A child of not more than five years of age found in Uganda whose parents are not known shall be presumed to be a citizen of Uganda by birth. A child under the age of eighteen years neither of whose parents is a citizen of Uganda, who is adopted by a citizen of Uganda, shall, on application, be registered as a citizen of Uganda. Subject to this Act, the procedure for registration as a citizen under subsection (2) shall be as prescribed by regulations made under section 82 .

Section Citizenship by registration Section Every person born in Uganda— at the time of whose birth— The following persons shall, upon application, be registered as citizens of Uganda— Where a person has been registered as a citizen of Uganda under subsection (2)(a) and the marriage by virtue of which that person was registered is— neither of his or her parents and none of his or her grandparents had diplomatic status in Uganda; and neither of his or her parents and none of his or her grandparents was a refugee in Uganda; and who has lived continuously in Uganda since the ninth day of October 1962, every person married to a Ugandan citizen, upon proof of a legal and subsisting marriage of five years or more; every person who has legally and voluntarily migrated to and has been living in Uganda for at least ten years; [paragraph (b) substituted by section 4 of Act 5 of 2009 ] every person who, on the commencement of the Constitution had lived in Uganda for at least twenty years. Subsection (2)(a) applies also to a person who was married to a citizen of Uganda who but for his or her death would have continued to be a citizen of Uganda under the Constitution. annulled or otherwise dec...

Section Procedure for registration of citizenship Section A person shall not be registered as a citizen of Uganda unless he or she— Any person to whom section 14 (1) or (2) applies may apply to the board in writing in the prescribed form, and the board shall, on proof to its satisfaction that section 14 applies to that person, register that person as a citizen. The board shall upon registration of any person under subsection (1) issue to that person in the prescribed form a certificate of registration as a citizen of Uganda. where a person has more than one citizenship, he or she has made a declaration in writing in the Form specified in Form B of the Third Schedule to this Act, renouncing one of the nationalities or citizenships he or she may possess; [paragraph (a) substituted by section 5 of Act 5 of 2009 ] has taken the oath of allegiance specified in the Fourth Schedule to the Constitution and set out in Form A in the Third Schedule to this Act; has made and registered a declaration of his or her intentions concerning residence as specified in Form C of the Third Schedule to this Act. Regulations made under section 82 may make further provision in respect of the registration o...

Section Citizenship by naturalisation Section The qualifications for naturalisation are that he or she— A person shall not be granted citizenship of Uganda under this section unless— The board may grant to any alien citizenship by naturalisation subject to the provisions of this section. The board shall issue to a person granted citizenship under this section a certificate of naturalisation. An alien to whom a certificate of naturalisation is issued under this section shall become a citizen of Uganda by naturalisation from the date of the issue of the certificate of naturalisation. A person who wishes to be granted citizenship by naturalisation shall make an application to the board in writing in the prescribed form and shall comply with the requirements of subsection (5). has resided in Uganda for an aggregate period of twenty years; has resided in Uganda throughout the period of twenty-four months immediately preceding the date of application; has adequate knowledge of a prescribed vernacular language or of the English language; is of a good character; and intends, if naturalised, to continue to reside permanently in Uganda. subject to section 19 , where the person has more than...

Section Loss of citizenship by registration Section The board may deprive a person of his or her citizenship if acquired by registration, on any of the following grounds— subject to section 19 , voluntary acquisition of the citizenship of another country; voluntary service in the armed forces or security forces of a country hostile to or at war with Uganda; acquisition of Uganda citizenship by fraud, deceit, bribery or having made intentional and deliberate false statements in his or her application for citizenship; espionage against Uganda. For the avoidance of doubt, this section applies to a person registered as a citizen of Uganda under section 13 or 14 . [section 17 substituted by section 7 of Act 5 of 2009 ]

Section Loss of citizenship by naturalisation Section Subject to this section, the board may, by order, deprive a person of his or her citizenship by naturalisation on any of the following grounds— Subject to this section, the board may, by order, deprive a citizen of Uganda by naturalisation of his or her citizenship by naturalisation if the board is satisfied that the naturalisation certificate was obtained by means of fraud, false representation or the concealment of any material fact. subject to section 19 , voluntary acquisition of the citizenship of another country; voluntary service in the armed forces or security forces of a country hostile to or at war with Uganda; acquisition of Uganda citizenship by fraud, deceit, bribery or having made intentional and deliberate false statements in his or her application for citizenship; espionage against Uganda; if he or she is convicted of an offence of treason against Uganda; if he or she is, within five years after the date of naturalisation as a citizen of Uganda, sentenced by a court of competent jurisdiction to imprisonment for a term of five years or more; if he or she commits a criminal act against the security of the state; if...

Section Acquisition by a citizen of Uganda of the citizenship of another country while retaining the citizenship of Uganda Section The notice under subsection (1) shall be in the prescribed form and shall be accompanied by the following— A citizen of Uganda who desires to acquire the citizenship of another country while retaining his or her citizenship of Uganda shall give notice in writing to the board of his or her application for the citizenship of another country. a statutory declaration stating that he or she is a citizen of Uganda only; where the person is a citizen of Uganda and another country, a declaration of renunciation of the citizenship of the third country; evidence that the applicant is of or above eighteen years of age; a copy of the application for citizenship of that other country; any other relevant information.

Section Acquisition by a non citizen of Uganda of Uganda citizenship while retaining the citizenship of another country Section In addition to the conditions prescribed in subsection (1) a non-Ugandan citizen who wishes to acquire dual citizenship under this section shall— A non-Ugandan citizen who wishes to acquire the citizenship of Uganda while retaining the citizenship of another country shall satisfy the conditions for citizenship specified in sections 14 and 16 . satisfy the board that the laws of his or her country of origin permit him or her to hold dual citizenship ; not be the subject of a deportation order from Uganda territory or any other country; not be under a sentence of death or imprisonment exceeding nine months imposed by a competent court, without the option of a fine; satisfy the board that he or she has been resident in Uganda for not less than ten years; satisfy the board that he or she has adequate knowledge of any prescribed vernacular language in Uganda or of English or Swahili; satisfy the board that he or she has not been in Uganda as a refugee or as a diplomat; he or she possesses rare skills and capacity for technology transfer; be willing to take the...

Section General conditions for dual citizenship Section A person applying for dual citizenship shall, before being registered, satisfy the board that— he or she is not engaged in espionage against Uganda; he or she has not served in the voluntary service of the armed forces or security forces of a country hostile to or at war with Uganda; he or she has not attempted to acquire Ugandan citizenship by fraud, deceit or bribery or by intentional or otherwise deliberate false statements in an application for citizenship; he or she does not have a criminal record; the laws of his or her country of origin permit dual citizenship ; he or she is, at the time of application, of or above eighteen years of age; he or she is of sound mind; does not hold more than one citizenship; is not an undischarged bankrupt or insolvent.

Section Termination of citizenship of Uganda Section For 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— upon any of the grounds specified in sections 17 or 18 ; or if that person acquires a third citizenship.

Section Re-acquisition of Ugandan citizenship by a Ugandan Section A person who was a citizen of Uganda by birth and who on acquiring the citizenship of another country renounced his or her Ugandan citizenship, may apply to the board in the prescribed manner to re-acquire his or her former Ugandan citizenship. The board may allow a former Ugandan citizen to re-acquire his or her Ugandan citizenship if it is satisfied that the grounds for the loss of his or her Ugandan citizenship are of no adverse effect to the public order and security of Uganda. A person who re-acquires Ugandan citizenship under this section shall be required to take the oath of allegiance. [section 19G inserted by section 10 of Act 5 of 2009 ]

Section Dual citizenship Section A citizen of Uganda of eighteen years and above who voluntarily acquires the citizenship of a country other than Uganda may retain the citizenship of Uganda subject to the Constitution, this Act and any law enacted by Parliament. A person who is not a citizen of Uganda may, on acquiring the citizenship of Uganda, subject to the Constitution, this Act and any other law enacted by Parliament, retain the citizenship of another country. [section 19 substituted by section 9 of Act 5 of 2009 ]

Section Consequences of loss of Ugandan citizenship Section Where a person ceases to be a citizen of Uganda, he or she shall be regarded as a citizen or national of the country, of which he or she was a citizen or national before becoming a Ugandan citizen. Where a person ceases to be a Ugandan citizen, he or she shall cease to enjoy the rights of a Ugandan citizen except rights to property acquired legally while the person was a citizen. Where a person ceases to be a Ugandan citizen, he or she shall not thereby be discharged from any obligation, duty or liability in respect of any act done or committed before he or she ceased to be a citizen of Uganda. [section 19F inserted by section 10 of Act 5 of 2009 ]

Section Persons with dual citizenship not to hold certain offices of State Section A person who holds the citizenship of another country in addition to the citizenship of Uganda is not qualified to hold any of the offices of State specified in the Fifth Schedule to this Act. Parliament may by resolution amend the Fifth Schedule. A resolution passed under this section shall, as soon as possible, be published in the Gazette . [section 19D inserted by section 10 of Act 5 of 2009 ]

Section Renunciation of citizenship Section If a citizen of Uganda of full age and capacity who acquires citizenship of a foreign country makes a declaration in the prescribed manner of renunciation of citizenship of Uganda, the board shall cause the declaration to be registered; and upon registration, that person shall cease to be a citizen of Uganda. The board may refuse to register any declaration of the kind mentioned in subsection (1) if it is made during any war in which Uganda may be engaged with that foreign country or if in the opinion of the board it is otherwise contrary to public policy.

Section Effect of renunciation and of deprivation Section A citizen of Uganda who is deprived of his or her citizenship by an order of the board under section 17 or 18 shall, upon the making of the order, cease to be a citizen of Uganda. The renunciation or deprivation by or of any person of his or her citizenship under this Part of this Act shall not affect the liability of that person for any offence committed by him or her before the renunciation or deprivation of his or her citizenship.

Section Evidence Section Every application to the board under this Part shall— Every document purporting to be a notice, certificate, order or declaration, or any entry in a register, or a subscription of an oath of allegiance or declaration of renunciation, given, granted or made under the provisions of this Part shall be received in evidence and shall, unless the contrary is proved, be taken to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made. Prima facie evidence of any document of the kind mentioned in subsection (1) may be given by production of a document purporting to be certified as a true copy of it by such person and in such manner as may be prescribed. Any entry in a register made under this Part, or a certified copy of such entry, shall be received as evidence of the matter stated in the entry. be supported by such evidence of the statements made in it as may be prescribed; be verified by an affidavit or declaration made before a magistrate or a commissioner of oaths.

Section Offences and penalties under Part III Section Any person who, for the purpose of procuring anything to be done under this Part, makes any statement which he or she knows to be false in a material particular commits an offence and is liable on conviction to a fine not exceeding one hundred and fifty currency points or imprisonment not exceeding two years or both. Any person who fails to comply with any requirement imposed on him or her by any regulations made under this Part of this Act with respect to the acquisition of a certificate of registration or naturalisation commits an offence and is liable on conviction to a fine not exceeding one hundred and fifty currency points or imprisonment not exceeding two years or both.

Section Revocation and cancellation of citizenship Section Where 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.

Section Residence under authority of certain passes not to be residence for acquisition of citizenship by registration or naturalisation Section Notwithstanding any provision of this Act or of any other law, any period of residence in Uganda under the authority of any— special pass ; dependent pass to a holder of an entry permit other than as wife or husband; pupils pass ; visitors pass ; convention travel document , shall not be taken into account in computing the time of residence in Uganda for purposes of acquisition of citizenship by registration or naturalisation.

Section Regulations under Part III Section The Minister may make regulations under section 82 in relation to the following— prescribing any matter which is to be prescribed under this Part of this Act; prescribing the forms for application for citizenship under this Act; the registration of any matter required or authorised under this Part to be registered; the administration of or taking of the oath of allegiance under this Part and the time within which the oath of allegiance shall be taken; prescribing the procedure for applying to the board for and granting of extension of time for taking any of the steps described in section 19 (3)(b); the giving of any notice required or authorised to be given to any person under this Part of the Act; cancellation and amendment of registration or naturalisation relating to persons deprived of citizenship under this Part, and requiring such certificates of registration or naturalisation to be delivered up for those purposes; prescribing forms to be used for the purposes of this Part; prescribing the payment of fees to be paid in respect of anything to be done under this Part; prescribing the evidence to be provided of any statement made in any...

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Section Ugandan entitled to a passport Section Every Ugandan shall have the right to a passport or other travel documents.

Section Power to issue passports Section There shall be a passport control officer and a deputy passport control officer who shall be immigration officers. The passport control officer and the deputy passport control officer shall, subject to this section, issue or renew on behalf of the board passports and other travel documents to persons who qualify. The board may delegate its functions relating to the issue or renewal of passports and other travel documents to Uganda diplomatic missions abroad. The administration, control and supervision of all matters relating to passports and other travel documents shall be vested in the board . An application for a travel document shall be in Form G in the Third Schedule.

Section Types of passports Section There 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 .

Section Period of validity Section Any passport issued under this Act shall be valid for a period not exceeding ten years, but may be renewed for a period of ten years at a time. Other travel documents shall be valid for such period as the board may from time to time determine.