Legal Update/Mozambique: Legal Regime for Foreign Citizens


Mozambique has reviewed the Legal Regime for Foreign Citizens, including special rules for visas connected to investment activity, according to official legal database Legis-PALOP+TL.

Under Law n.º 23/2022, of December 29, which came into force on January 28, 2023, foreign citizens entering, staying in and leaving Mozambique through border crossings must comply with the following rules:
⦁ At the time of entry, the foreign citizen is subject to the immigration procedures of the competent authorities;
⦁ Foreign citizens admitted to Mozambican territory, must present their means of subsistence, as well as any of the following documents: Passport or equivalent document, valid for no less than six months, requiring the presentation of an entry visa issued by the competent Mozambican authorities, except in cases of visa waiver agreements; Pilot or crew certificate, when on duty, under the terms of the Convention on International Civil Aviation and Maritime Law in force; Border Resident Card or Crossing Pass for circulation within the limits and periods established by the agreements on the movement of persons, to which the Republic of Mozambique is a party; Other documents established in international conventions or agreements to which the Republic of Mozambique is a party.

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The law also stipulates obligations of carriers transporting foreign citizens:
⦁ Guarantee the return of foreign citizens who do not meet the conditions that enable them to enter the national territory, in the shortest possible time, to the point where they started using the means of transport, with carriers being subject to payment of travel expenses – food, assistance deemed necessary and repatriation of foreign citizens.
⦁ Transmit to the migration services, until the end of the boarding register, the information regarding the passengers of foreign nationality that they carry.

Diplomatic, courtesy and official visas are granted by the Ministry of Foreign Affairs and Cooperation. It is incumbent upon the National Migration Service to grant the remaining types of visa, at Diplomatic and Consular Missions and at Crossing Posts: residence, tourist, transit, visitor, business, student, work, border, temporary stay, crew transfer, for sporting or cultural activities, for investment activity and for humanitarian assistance.

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The Government, taking into account the interest of the State, may define the countries whose citizens are exempt from entry visas to stay for a period of up to 90 days per year

The following special rules apply to the visa for investment activity:
⦁ Granted to foreign investors, representatives, attorneys or directors of the investing company, observing the legal formalities for hiring foreign labor in the Republic of Mozambique
⦁ It is intended to allow the holder to enter national territory, for the purpose of implementing investment projects worth USD 500,000 or more, approved by the competent authority.
⦁ Allows its holder multiple entries and permanence: Up to 2 years for investment projects worth USD 500,000 or more; and 5 years for investment projects with a value equal to or greater than 50 million USD or equivalent, extendable for the same period, as long as the reasons for their concession last.
⦁ In the case of an application made in the national territory, the visa is granted by the migration services, through an investment authorization term, issued by the competent entity.
⦁ The foreigner holding the investment authorization term may apply for a residence permit, for himself and his family, subject to the requirements for this purpose.
⦁ The residence permit requested by the investor is valid for: 2 years for investment projects worth USD 500 thousand or more; and 5 years for investment projects with a value equal to or greater than 50 million USD or equivalent, renewable for the same period, as long as the reasons for their concession last.


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