CHAPTER 357
TANZANIA CITIZENSHIP ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

PART II
ATTAINMENT OF CITIZENSHIP ON OR AFTER UNION DAY

   4.   Citizens of Mainland Tanzania and of Zanzibar before Union Day deemed to have become citizens on Union Day.

   5.   Persons born in the United Republic on or after Union Day.

   6.   Persons born outside the United Republic on or after Union Day.

   7.   Cessation of dual citizenship.

PART III
ACQUISITION OF CITIZENSHIP BY NATURALISATION

   8.   Citizenship to be acquired solely by naturalisation.

   9.   Naturalisation of non-citizens.

   10.   Naturalisation of minors.

   11.   Naturalisation of women married to citizens of the United Republic.

   12.   Effect of naturalisation as a citizen.

PART IV
RENUNCIATION AND DEPRIVATION OF CITIZENSHIP

   13.   Renunciation of citizenship.

   14.   Deprivation of citizenship of persons who exercise certain rights in other countries.

   15.   Deprivation of citizenship of citizens by naturalisation.

   16.   Deprivation of citizenship when person deprived of citizenship.

   17.   Effect of renunciation or deprivation of citizenship.

PART V
SUPPLEMENTAL PROVISIONS

   18.   Married women.

   19.   Legitimated children.

   20.   Posthumous children.

   21.   Certificate of citizenship in cases of doubt.

   22.   Manner of making applications.

   23.   Decision of Minister to be final.

   24.   Renunciation of citizenship of other countries and declarations regarding residence.

   25.   Evidence.

   26.   Provisions relating to section 7.

   27.   Offences.

PART VI
MISCELLANEOUS PROVISIONS

   28.   Regulations.

   29.   [Repeal of R.L. Caps. 452 and 512.]

   30.   Savings.

SCHEDULES

CHAPTER 357
THE TANZANIA CITIZENSHIP ACT

An Act to consolidate the laws relating to citizenship.

[1st February 1998]
[G.N. No. 52 of 1998]

Act No. 6 of 1995

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Tanzania Citizenship Act.

2.   Application

   This Act shall apply to Tanzania Zanzibar as well as to Mainland Tanzania.

3.   Interpretation R.L. Caps. 452; 512 and 557">

   (1) In this Act, unless the context requires otherwise–

   "Acts" means the Citizenship Ordinance, the Citizenship Act, and the Extension and Amendment of Laws (No. 5) Decree;

   "certificate of naturalisation" includes a certificate of naturalisation granted under this Act; and a certificate of registration granted under the Acts;

   "citizen by birth" means a person who is a citizen of the United Republic–

   (a)   by virtue of the operation of section 4;

   (b)   by virtue of section 5;

   (c)   by virtue of his birth in Tanzania Zanzibar and the effect of subsection (2) of section 4;

   "citizen by descent" means a person who is a citizen of the United Republic–

   (a)   by virtue of section 6;

   (b)   by virtue of his being a citizen of Mainland Tanzania by descent in accordance with the provisions of section 4(3);

   (c)   by virtue of the combined effect of his being a Zanzibar subject by descent in accordance with the former law of Tanzania Zanzibar (and had that law remained in force until immediately before Union Day) and of subsection 2 of section 4;

   "Director" means the Director of Immigration Services appointed under the Immigration Act *;

   "foreign country" means any country other than the United Republic;

   "Minister" means the Minister responsible for matters relating to citizenship of the United Republic;

   "minor" means a person who has not attained the age of eighteen years;

   "Union Day" means the twenty-sixth day of April, 1964;

   "United Republic Consulate" means an office of a consular officer of the Government of the United Republic in any foreign country, where a register of births or residents is kept or, where there is no such office, such office as may be prescribed.

   (2) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in the country whose Government owns that aircraft or ship.

   (3) A person shall, for the purpose of this Act, be of full age if he has attained the age of eighteen years, and of full capacity if he is not of unsound mind.

   (4) For the purposes of this Act, a person shall be deemed not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.

   (5) For the purposes of computing any period of time, residence in or absence from Mainland Tanzania or Tanzania Zanzibar before Union Day shall be deemed to be residence in or, as the case may be, absence from the United Republic.

PART II
ATTAINMENT OF CITIZENSHIP ON OR AFTER UNION DAY (ss 4-7)

4.   Citizens of Mainland Tanzania and of Zanzibar before Union Day deemed to have become citizens on Union Day

   (1) Every person who, having been born in Mainland Tanzania or in Tanzania Zanzibar before Union Day, was immediately before Union Day a citizen of the Republic of Tanganyika or of the People's Republic of Zanzibar shall be deemed to have become, on Union Day, and, with effect from Union Day, subject to section 30, to have continued, and after the commencement of this Act shall continue, to be a citizen by birth of the United Republic.

   (2) Every person who, having been born outside either Mainland Tanzania or Tanzania Zanzibar before Union Day was, immediately before Union Day a citizen by registration or naturalisation of the Republic of Tanganyika or of the People's Republic of Zanzibar shall be deemed to have become, on Union Day and, with effect from Union Day, subject to section 30 to have continued to be, a citizen by registration or, as the case may be, by naturalisation of the United Republic, and after the commencement of this Act shall become and continue to be a citizen by naturalisation of the United Republic.

   (3) Every person who, having been born outside both Mainland Tanzania and Tanzania Zanzibar before Union Day, was immediately before Union Day a citizen by descent of the Republic of Tanganyika or of the People's Republic of Zanzibar shall be deemed to have become, on Union Day and, with effect from Union Day, subject to section 30, to have continued, and after the commencement of this Act shall continue, to be a citizen by descent of the United Republic.

5.   Persons born in the United Republic on or after Union Day

   (1) Subject to the provisions of subsection (2), every person born in the United Republic on or after Union Day shall be deemed to have become and to have continued to be a citizen of the United Republic with effect from the date of his birth, and with effect from the commencement of this Act shall become and continue to be a citizen of the United Republic, subject to the provisions of section 30.

   (2) A person shall not be deemed to be or to have become a citizen of the United Republic by virtue of this section if, at the time of his birth–

   (a)   neither of his parents is or was a citizen of the United Republic and his father possesses the immunity from suit and legal process which is accorded to an envoy of a foreign sovereign power accredited to the United Republic; or

   (b)   any of his parents is an enemy and the birth occurs in a place then under occupation by the enemy.

6.   Persons born outside the United Republic on or after Union day

   Every person born outside the United Republic on or after Union Day shall, with effect from the date of his birth, be deemed to have become and to have continued to be, and with effect from the commencement of this Act shall become and continue to be, a citizen of the United Republic if at the date of his birth his father or mother is or was a citizen of the United Republic otherwise than by descent, subject to the provisions of section 30.

7.   Cessation of dual citizenship

   (1) Any person who, upon the attainment of the age of eighteen years, is a citizen of the United Republic or was a citizen of the former Republic of Tanganyika or of the former People's Republic of Zanzibar and also is or was a citizen of some country other than the United Republic or either the former Republic of Tanganyika or the former People's Republic of Zanzibar shall, subject to the provisions of subsection (8), be deemed to have ceased to be a citizen of the United Republic upon the specified date unless he previously renounced his citizenship of that other country, took the oath of allegiance and, in the case of a citizen by descent, made and registered the declaration prescribed by Parliament regarding his intention as to residence.

   (2) Any citizen of the United Republic who–

   (a)   attained the age of eighteen years before Union Day; and

   (b)   becomes a citizen of the United Republic on Union Day by virtue of the provisions of section 4; and

   (c)   was, immediately after that day, also a citizen of some country other than the former Republic of Tanganyika or the former People's Republic of Zanzibar

shall, subject to the provisions of subsection (8), be deemed to have ceased to be a citizen of the United Republic upon the specified date unless he has previously renounced his citizenship of that other country, taken the oath of allegiance and, in the case of a citizen by descent, made and registered a declaration prescribed by Parliament regarding his intention as to residence.

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