Who Qualifies to Apply for Zambian Citizenship?

In particular, questions often arise as to how long one must have been resident in Zambia in order to qualify and whether that period of residence is itself qualified by a particular type of immigration permit. For example, must a person first obtain a Residence Permit and then wait for a prescribed period before they can apply for citizenship?

But what really qualifies one to apply for Zambian citizenship?

The answer is, naturally, found in the supreme law of the land, the Constitution of Zambia, together with the Citizenship of Zambia Act, 2016.

The Constitution of Zambia, under Part IV, establishes the framework for the acquisition, retention and loss of citizenship. Its provisions set out who qualifies for citizenship and the manner in which citizenship may be acquired.

There are four main ways in which Zambian citizenship may be obtained:

1. by birth;
2. by descent;
3. by registration; and
4. by adoption.

The first two are relatively straightforward.

A person born in Zambia is a citizen by birth if at least one of their parents is or was a Zambian citizen. Similarly, a person born outside Zambia is a citizen by descent if, at the time of their birth, at least one of their parents was a Zambian citizen by birth or descent.

These two scenarios are relatively easy to follow and generally present no impediment to establishing citizenship, unless, of course, something is amiss, which is a story for another day.

Similarly, a person who is adopted by a Zambian citizen or citizens becomes a citizen on the date of adoption, subject to the applicable constitutional requirements.

The gist of this article, however, is to address the other route: citizenship by registration.

How Does One Register to Become a Zambian Citizen?

What is required, and when does one qualify to apply?

Both the Constitution and the Citizenship of Zambia Act point to a period of residence in Zambia in determining qualification for registration in the relevant circumstances.

The starting point is that a person must have attained the age of 18 years and must have been ordinarily resident in Zambia for the prescribed period.

The Constitution addresses ordinary residence in relation to persons born in Zambia to non-Zambian parents, persons born outside Zambia with a Zambian citizen ancestral connection, and persons who have been ordinarily resident in Zambia for the prescribed period.

The Citizenship of Zambia Act similarly provides for the computation of the period to be taken into account for a person who qualifies to apply for registration in accordance with the Constitution and the Act. The period to be considered is the period during which the person has been ordinarily resident in Zambia.

It is here that an important issue arises.

What Does “Ordinarily Resident” Mean?

There appears, at first glance, to be a contradiction between the definition of “ordinarily resident” in the Constitution and the definition contained in the Citizenship of Zambia Act.

The Act includes in its definition of “ordinarily resident” the period during which a person is actually residing in Zambia together with the holding of a Residence Permit.

The Constitution, however, simply prescribes ordinary residence in Zambia. It does not make reference to the holding of a Residence Permit as a requirement for establishing ordinary residence for purposes of citizenship.

This distinction is significant.

The Constitution is the supreme law of the land, and any law that is inconsistent with the Constitution is invalid to the extent of the inconsistency.

The Constitutional Court has recently considered this issue and has held that the inclusion in the Citizenship of Zambia Act of the requirement relating to the holding of a Residence Permit is unconstitutional and is void to the extent that it requires the holding of a Residence Permit.

The effect is important and, in practical terms, quite straightforward:

A person does not need to hold a Residence Permit in order for their period of residence in Zambia to count as ordinary residence for purposes of qualifying for citizenship.

The requirement to hold a Residence Permit is an inclusion in the statutory definition that is not found in the Constitution and has been rendered void to that extent.

Therefore, the qualifying period is determined by reference to ordinary residence in Zambia, and not by reference to the period for which a person has held a Residence Permit.

This is an important distinction for persons who have lived in Zambia for many years but whose immigration history does not necessarily correspond with the holding of a Residence Permit for the entire period of their residence.

The question is therefore not simply:

“How long have you held a Residence Permit?”

Rather, the relevant question is:

“For how long have you been ordinarily resident in Zambia?”

Citizenship by Registration Through Marriage

Citizenship by registration is also available to a person who is married to a Zambian citizen.

In this case, the Constitution provides for qualification where the person has been married to a Zambian citizen for a period of five years.

This is important because, unlike the ordinary-residence basis discussed above, the constitutional requirement in relation to marriage does not prescribe a period of ordinary residence in Zambia as the qualifying period.

The relevant period is therefore the period of marriage to the Zambian citizen.

Accordingly, a person who has been married to a Zambian citizen for the prescribed five-year period may qualify to apply for citizenship by registration, subject to the other requirements applicable to the application.

So, Who Qualifies?

The answer ultimately depends upon the circumstances of the individual applicant and the applicable constitutional provision.

For a person whose qualification is based upon ordinary residence, the relevant consideration is whether they have attained the age of 18 and have been ordinarily resident in Zambia for the prescribed period.

Importantly, following the Constitutional Court’s ruling, the holding of a Residence Permit is not a requirement for establishing ordinary residence for this purpose.

For a person seeking citizenship by registration on the basis of marriage to a Zambian citizen, the relevant qualifying period is five years of marriage to that Zambian citizen, rather than a separately prescribed period of ordinary residence.

Finally, the Constitution also provides for citizenship by registration in respect of a person who is found in Zambia and is below the age of eight years, in the circumstances prescribed by the Constitution.

There you have it.

The question of whether one qualifies to apply for Zambian citizenship cannot simply be answered by asking how long a person has lived in Zambia or whether they hold a particular immigration permit. The starting point must always be the Constitution and the Citizenship of Zambia Act, and the particular circumstances under which the applicant seeks registration.

For those seeking to determine whether they qualify for Zambian citizenship and to obtain assistance with the application process, please reach out to Corpus Globe Corporate Solutions for professional guidance. We are at your disposal to assist.

Contact Us:

Phone: +260 211 296011 / 12 / 13 | +260 960 628385 | +260 770 628385 | +260 953 083688

Email: cgcso@cgcso.co.zm