Presidential Decree No. 108/11 of 25 May - Regulation on the Legal System of Foreigners

This Decree was elaborated to approve the new Regulation on the Legal System of Foreigners, revoking the previous legislation on this matter, having entered into force on the date of its publication.

Applicable to the Legal System of Foreign Citizens, notwithstanding the provisions of special laws, bilateral agreements or international treaties that the Republic of Angola is part of, this law has great practical importance, helping to clarify the principles of the Legal System of Foreign Affairs, approved by Law No. 2 / 07 of 31 August. This way, and in the sense of a better understanding of this System it’s crucial that its analysis is performed taking into consideration both statutes, establishing in the Presidential Decree No. 108/11, of 25 May rules regarding the entry and exit of foreigners from national territory, as well as the cast of documents necessary to obtain, extend and process regarding the several types of visas, namely, the diplomatic, official, courtesy, consular and territorial visa.

The statute came revoke the forms related to the Accommodation Bulletin contained in Executive Decree No. 27/03 of May 6, adopting new models, among which are the forms necessary to obtain a visa as the disclaimer, authorization to travel less, the opinion for the granting of work visas, among others, fall is extremely important practice. This way the Presidential Decree No. 108/11, of 25 May rules has come to adapt the Regulation on the Legal System of Foreigners to the new regime.

 

Legal Statute

 

Considering that in a time when the globalization effects are more and more visible and the migratory flows of one country to another assumes an importance worldwide.

Considering that the Decree No. 48/94 of 25 November, appears inappropriate to the current legal regime of Foreigners in the Republic of Angola, containing provisions that eventually are no longer consistent with the migratory principles and national interests present in law No. 2 / 07, 31 August;

Considering the conjugation and clarification of the principles enshrined in this Law on the Legal Regime of Foreigners and the extension of the type of entry visas, the legal consecration of visas to be granted in national territory and the possibility of transforming consular visas.

The President of the Republic, in accordance with paragraph l) of Article 120 and paragraph 3 of Article 125, both from the Constitution of the Republic of Angola, the following:

Article 1 - The Regulation on the Legal Regime of Foreigners is approved, attached to the present Presidential Decree and is an integral part of it.

Article 2 - Is repealed Decree No. 48/94 of 25 November.

Article 3 - Any doubts and omissions arising in the interpretation and application of this Presidential Decree shall be resolved by the President.

Article 4 - This law shall enter into force upon its publication.

Appreciated by the Council of Ministers, in Luanda, on 27 April 2011.

This Regulation shall be published.
Luanda, 19 May 2011.
The President of the Republic, JOSÉ EDUARDO DOS SANTOS.


REGULATION ON THE LEGAL SYSTEM OF FOREIGNERS

 

CHAPTER I
General Provisions

 

ARTICLE 1.
(Object)

This statute regulates Law No. 2/07 of 31 August, on the Legal System of Foreigners in the Republic of Angola.

ARTICLE 2.
(Scope of application)

This statute applies to the general legal regime for foreign citizens, notwithstanding the provisions of special laws, bilateral agreements or international treaties that the Republic of Angola is part of.


CHAPTER II
General Principles

 

ARTICLE 3.
(Freedom of movement and residence)

1. Freedom of movement and residence is free, except the resulting limitations, based on reasons of public safety as determined by the Minister of Interior and advertised immediately, pursuant to paragraph 2 of Article 5 of Law no. N . 2 / 07, dated August 31.

2. The presence and the establishment of a foreign citizen in areas considered strategic in terms of paragraph 3 of Article 5 of Law no. 2 / 07 of August 31, are allowed through a permit issued by the Ministry of interior.

3. In visits that are incurred in the service, between the place of residence and usual work, the issue of authorization provided for in the preceding paragraph is unnecessary, however are subject to accreditation by the local government itself.

ARTICLE 4.
(Accommodation declaration)

1. Those in charge of hotels, hostels, guest houses, lodges, visitor centers and similar establishments are required to report to the Service of Foreigners and Migration within 24 hours, accommodation of foreign non-resident, in accordance with Article 94. Of the law No. 2 / 07, of 31 August.

2. The declaration of accomodation should be provided by the model number one and two, attached to this regulation, to which should be added a photocopy of the travel document that allowed the entry and legalize the stay in the country.

3. At the time of receipt of the accommodation bulletin the recipient entity must check the elements contained therein, confronting them with the photocopy of the travel document.

4. The city government or other entities, in areas where the Foreign and Migration Service is not represented, must submit to this institution, within two working days, the accommodation bulletins that have received housing.

5. The accommodation bulletins must be acquired in the Provincial Directorates of Migration and Foreigners Service.

6. Daily, hotels, hostels, guest houses, lodges, visitor centers and similar establishments, must submit to the Service of Foreigners and Migration maps with the control of guests, obeying to model number two in the format annexed to this Regulation.

7. The establishments of employers for housing foreign workers should present guests' control maps monthly and the accommodation bulletins whenever new lodging occurs.  

ARTICLE 5.
(Inspection and accommodation declaration)

Without prejudice to the fine under Article 103 of Law no. 2 / 07, 31 August, the irregularities detected, as a result of acts of surveillance conducted by the Office of Migration and Foreigners to hotels, hostels, guest houses, lodgings, tourist resorts and similar establishments, shall be notified to the Ministry of Hotels and Tourism, within eight days from the date of detection of the irregularity.


CHAPTER III
Entry and Exit of Foreigners of National Territory

 

SECTION I
Borders Posts

ARTICLE 6.
(Types of border posts)

The border posts qualified for the entry and exit of foreign citizens, mentioned in Article 12 of Law 2/07 of 31 August are as follows:

a) Air;
b) Sea;
c) Fluvial;
d) Terrestrial;
e) Railway;

ARTICLE 7.
(International zone)

1. To comply with the formalities of document control, the border posts are structured with appropriate areas where the actual embarking and disembarking of persons designated by the International Zone. 

2. The document control procedures occur to check the admissibility conditions of the foreign at the time of formal entry or exit.

ARTICLE 8.
(Documentary check)

1. At the passage by the border post, the foreign national is subject to border control measures, including the query in the database, performed by border agents, to verify your identity based on the documents submitted and the authenticity and validity of the visa of the holder.

2. The stamp of the registry of entry and exit is mandatory for the registration of the migratory movement of foreign citizens and certification of passage at the border.

ARTICLE 9.
(Opening of border posts)

1. The opening of the border posts referred to in Article 6. Of this law, for the entry and exit from national territory is determined by joint order of Ministers of the Interior, Transport and Finance.

2. The opening of land border posts, for entry and exit the country, is done under agreement signed between the Angolan authorities and those of neighboring countries.  

ARTICLE 10.
(Functioning of border posts)

1. The opening hours of border posts is determined by agreement between the Angolan authorities and the authorities of neighboring countries.

2. In the absence of bilateral agreement referred to in the preceding paragraph, the opening hours of posts is determined by the Minister of the Interior.

3. Exceptionally, and for reasons of events connected with the civic, cultural, religious or sporting activities that take place near the border, the Interior Minister may delegate to the Provincial Delegate of the Ministry of Interior responsible for coordinating with the authorities surrounding the use of border posts outside the days and times pre-established so that citizens and foreign residents on the perimeter of the border to attend the respective events.

4. In the qualified border posts for the entry and exit of people, the following bodies must be represented:

a) Migration and Foreigners Service;
b) Crime Investigation;
c) Inspection and Investigation of Economic Activities;
d) Tax Police;
e) Customs Service;
f) Health Services;
g) Agriculture and Fishing Services.

ARTICLE 11.
(Visa granted in the border post)

1. The border visa to be granted under Article 56. º, of Law No. 2 / 07, 31 August, is subject to verification of a document showing the unexpected reasons for which the applicant was unqualified to obtain the consular visa appropriate to the purpose of his entry.

2. Deemed to be unforeseen circumstances, those who are considered force majeure, such as the death of family members, diseases, natural disasters and accidents. 

SECTION II
Entry Procedures

ARTICLE 12.
(Lack of entry requirements)

1. The foreign citizen that doesn't gather the entry requirements foreseen in point 1 of Article 13 of Law 2/07 of 31 August, is denied the entry in national territory.

2. The procedures for the entry of asylum seekers are regulated by law on the status of refugees.

ARTICLE 13.
(Means of subsistence)

1. The proof of the existence of means of subsistence may be made in cash, bank transfer, credit card or other means of payment in progress.

2. The proof is made by the foreign citizen at the border post where he presents himself, for the purpose of entering the national territory.

3. The foreigner, in the case of travel for medical treatment, must demonstrate his ability to ensure the coverage of expenses.

4. In the case of the guarantee of livelihood is made by a declaration, signed by a citizen or resident foreigner, being responsible for the stay of foreign citizens in the country, the border authority may make dependent the acceptance of proof of financial capacity of your subscriber.

5. The form of the term of responsibility follows the model number three, attached to this Regulation. 6. Are exempt from presenting guaranty of means of subsistence the beneficiaries of diplomatic, official and courtesy visas and children under fourteen years of age accompanied them.  

ARTICLE 14.
(Vaccines card)

If the foreign citizen does not have an International Certificate of Vaccination referred to d) of paragraph 1 of Article 13. º, of Law No. 2 / 07, dated August 31, the official and Migration and Foreigners Service must submit it to the representation of the Health Service at the border post to meet the current procedures regarding the administration of vaccines and issue the relevant certificate.

ARTICLE 15.
(Entry of minor)

1. If necessary, the minor who is refused entry under paragraph 2 of Article 16. º, and c) of paragraph 3 of Article 21. º, of Law No. 2 / 07, dated August 31, should be referred to social services.

2. The lack of travel authorization for minors can be provided by documents necessary and recognized by the Ministry of Justice in person or by deposition of a parent attesting to paternity.

3. The form of travel authorization issued by parents or legal representative obeys to the model number four, annexed to this Regulation.

ARTICLE 16.
(Entry denial)

1. The foreigner, who is refused entry into national territory, should be forwarded to the Temporary Installation Center, where it is not possible its immediate return.

2. The refusal referred to in the preceding paragraph shall not prejudice the application of measures provided for in Articles 22. And 107 of Law no. 2 / 07, dated August 31.

3. The denial of entry obeys to model number six, attached to this Regulation.

4. The Temporary Installation Center, adjacent to each border post, is considered the international zone, in accordance with Article 7. Of this Regulation.

5. The Ministry of the Interior, through the Office of Migration and Foreigners, when requested, must report on refusing entry to the competent organs of the Executive.

ARTICLE 17.
(Obligations of transport companies)

The transport companies and individuals carrying passengers to national territory have the responsibility to inform them about the requirements to be met and procedures to be followed in order to entry into the country under pain of incurring the laid down in Article 22 of Law no. N . 2 / 07, dated August 31.

ARTICLE 18.
(Notification to the transport companies)

1. Without prejudice to the measures provided for in Article 107 of Law no. 2 / 07, 31 August, an official of the Department of Migration and Foreigners in the border post, shall notify the persons or companies carrying passengers or crew point without documents to return to their country of origin or to the point where they began to use the means of transport of that company as well as expenses related to food, medical care, medication and others.

2. The notification provided for in the preceding paragraph conforms to the model number seven attached to this Regulation.

SECTION III
Exit Procedures

ARTICLE 19.
(Exit formalities)

1. The output of the foreign citizen from national territory must be preceded by the document control at border posts, in accordance with paragraph 1 of Article 25. º, of Law No. 2 / 07, dated August 31.

2. If the documentation is compliant and there is no impediment of departure of its holder, the output is registered at the border post with the exit stamp in their passport or other travel document.

ARTICLE 20.
(Compulsive exit by notification for leaving)

1. For the compulsive exit of foreigners from national territory, the Migration and Foreigners Service must issue notice with the following data:

a) Full name;
b) Nationality;
c) Number, date and place of issuance of the passport;
d) Basis of notification and the provision violated;
e) Time to leave the national territory;
f) Legal consequences for noncompliance;
g) If you want to enter that procedure should be adopted.

2. If you can not mention some of the data referred to above, the Migration and Foreigners Service must see the reason thereof.

3. The responsibility to notify on the abandon belongs to responsibility of the National Director of Migration and Foreigners and those responsible for this are delegates and follow the model number eight, attached to this Regulation.

ARTICLE 21.
(Compulsive exit for expelling)

1. For the compulsive exit of the foreigner through the eviction of judicial or administrative nature, there must contain among other data, the following:

a) Full name;
b) Nationality;
c) Number, date and place of issuance of the passport;
d) Basis of eviction and the provision violated;
e) Deadline for the execution of the decision;
f) Period of interdiction of entry on national territory, not inferior to five years.

2. The period referred to in paragraph e), is determined under subparagraph b) of paragraph 1 of Article 32. º, of Law No. 2 / 07, dated August 31.

3. The decision to expel a resident foreign citizen, as well as the holder of the work visa in labor dispute with the employer, who has an Angolan spouse and a son economically dependent, follows the provisions of paragraph 2 of Article 28., Law No. 2 / 07, of 31 August.

ARTICLE 22.
(Process of eviction)

1. The complaint or police report must contain specific facts constituting the offense, date, time, place and circumstances in which the offense was committed, the identification and accommodation of the offender, agent name and identification of witnesses if any.

2. The official report must be signed by the authority, law enforcement officer or public servant who raised or sent up, as evidenced in court.

3. The notification provided for in the preceding paragraph conforms to the model number seven attached to this Regulation.

ARTICLE 23.
(Execution of decision of eviction)

1. The eviction of the country happens, leading the foreign citizen to the border post to leave the country from national territory, in the period specified by law.

2. It is up to the Migration and Foreigners Service to drive the foreigner subject to eviction, to the detention center for illegal foreigners within the period provided by law.

3. Any eviction from national territory must be executed within the time limits provided for in subparagraph b) of paragraph 1 of Article 32. º, of Law No. 2 / 07, dated August 31.  

ARTICLE 24.
(Execution of sentence of eviction)

1. The courts have two working days after the trial that condemns eviction of foreign citizens to communicate the content of the sentence to the Migration and Foreigners Service.

2. The Judge has the competence to order the arrest and driving to the Detention Center Illegal Foreigners, the foreign citizens sentenced to eviction.

ARTICLE 25.
(Notification of eviction)

1. The Migration and Foreigners Service should immediately report to the Ministry of Foreign Affairs the eviction of foreign citizens.

2. The Ministry of Foreign Affairs should report to the authorities of the foreigner's host country to be expelled under Article 35 of Law no. 2 / 07, dated August 31.

ARTICLE 26.
(Expenses of eviction)

1. The foreigner subject to eviction who cannot afford the expenses of repatriation shall declare in writing to the Department of Migration and Foreigners.

2. The company to whom the foreign citizen subject to eviction is linked do not cover the expenses of eviction in accordance with paragraph 4 of Article 37 of Law no. 2 / 07, dated August 31, must be registered in the migratory system, and the communication should be directed to the Directorate of General Labor Inspectorate.

3. The company that is described in the preceding paragraph is subject to a process being promoted by the Attorney General's Office from the Office of Migration and Foreigners Service.  

ARTICLE 27.
(Appeal to the decision of eviction pronounced by the SME)

1. Of deportation orders handed down by the Director of Migration and Foreigners Service may be appealed to the Minister of the Interior pursuant to Decree-Law No. 16-A/95 of 15 December.

2. The appeal provided for in the preceding paragraph shall suspend the effect of the eviction.

3. The foreign citizen subject to eviction must remain in the country until further notice of the final decision.

ARTICLE 28.
(Impediment of exit)

1. In addition to the reasons preventing the exit contained in Article 39 of Law no. 2 / 07, 31 August, the authorities can prevent the departure of foreign citizens based on the fact there is:

a) Lack of consent of parents or person exercising parental authority and tutors, in the case of minors;
b) Proven Forgery of passport or other travel documents;
c) Reasons for the domestic or national security determined by the authority.

2. The permit mentioned in poin a) of previous paragraph obeys to model number five, attached to this regulation.


CHAPTER IV
Interdiction of Entry and Exit

ARTICLE 29.
(Interdiction)

1. The prohibition of entrance is done by registering the data of the foreign citizen on the national list of undesirable persons, in accordance with Article 24 of Law no. 2 / 07, of 31 August.

2. It is the jurisdiction of the Criminal Investigation and Magistrates, to qualify as evidence, the behavior referred to in subparagraph c) of Article. 15 provided they fulfill the terms of paragraph 2 of Article 23. Thereof, all of Law 2 / 07, of 31 August.

3. The document that orders the interdiction obeys to model number ten attached to this regulation.

ARTICLE 30.
(Request for interdiction)

1. The listing of undesirable persons must be requested to the Directorate of Migration and Foreigners Service and Provincial Directorates.

 2. The enrollment application must be submitted by the authority, through an application signed and authenticated with the stamp or seal oil in use by the requesting institution.

3. The request must contain the complete identification of the citizen to prohibit, the cause of the ban, its legal framework and the duration of the interdiction cannot be less than five years, under subparagraph c) of Article 32 of Law no. N . 2 / 07, dated August 31.  

ARTICLE 31.
(Processing of interdiction)

1. Upon receipt of the request for interdiction, the same is registered in proper book or computer, giving you the order number.

2. For any given incomplete data, the Migration and Foreigners Service is responsible for triggering mechanisms of supply of these vices, upon notice to the requesting agency.

3. After approval of the Directorate of Migration and Foreigners Service, proceed to the registration and inclusion in the control system of closures with the following data:

a) Order number;
b) Date and time of entry;
c) Number of office;
d) Requesting entity;
e) Name, nationality and membership of the interdicted;
f) Date and place of birth censored;
h) Cause of interdiction;
h) Duration of interdiction;
i) observations.

ARTICLE 32.
(Management and reappraisal)

1. It is the Migration and Foreigners Service responsibility to register and insert the control system of the prohibitions of all changes related to the matter in accordance with Article 24 of Law no. 2 / 07, of 31 August.

2. Periodically, the Migration and Foreigners Service to re-examine the relevance of the prohibitions made in coordination with the requesting agencies.  

ARTICLE 33.
(Consultation)

1. For the processing or granting of any act of migration, it is obligatory to consult the list of undesirable persons computerized or manual.

2. Whenever on making the query it is found an entry interdiction against a foreign citizen, the responsible for the Diplomatic and Consular Mission in Angola is competent to refuse the visa application and must report to the Foreign and Migration Service and the Directorate of Legal Affairs, Consular Litigation and the Ministry of Foreign Affairs.

ARTICLE 34.
(Lifting of the entry interdiction)

1. The director of Migration and Foreigners Service shall remove the ban or withdrawal of the name in the list of undesirable people, whenever it occurs the following reasons:

a) The terms of interdiction are overdue; b) The reasons for the interdiction, after communicating to the interdiction body are overdue. 2. The foreign citizen that has the interdiction lifted must, upon entry, reimburse the state the value of the costs incurred in their repatriation, under penalty of being refused entry in accordance with paragraph 3 of Article 37 of Law no. No 2 / 07, dated August 31.

ARTICLE 35.
(Interdiction of exit)

The processing, management, review, consultation and lifting of the interdiction of exit process on the same terms as the prohibition of entry referred to in Articles 31 and following.  

ARTICLE 36.
(Preventive measure)

1. The application of preventive measures restricting the outflow of people who weigh under strong suspicion of the commission of an offense must be substantiated and formalized within 24 hours pursuant to paragraph 2 of Article 23 of Law no. No. 2 / 07, dated August 31.

2. Preventive measures referred to in the preceding paragraph shall be lifted within the deadline, after ending the reasons for your application.


CHAPTER V
Entry Visas

SECTION I
Common Provisions Applicable to Consular Visas

ARTICLE 37.
(Visa application)

1. The request for an entry visa must be requested in the Diplomatic and Consular Missions in proper form, signed by the applicant and accompanied by all documents required.

2. When the applicant is a minor or incapacitated, the application must be signed by their parents, by the person exercising parental authority or legal representative.

3. The application must be submitted in person by the applicant, except when duly justified, and he cannot attend, and the waiving of the presence of the applicant's competence in charge of diplomatic or consular mission and the reasons listed in the application form.

4. The foreign citizen of a country without Diplomatic or Consular in Angola must do the visa application in the nearest country from the origin country or usual place of residence.  

ARTICLE 38.
(General requirements for the request)

A request for a entry visa must include:

a) Full identification of the applicant or applicants, if they hold a passport or travel document collective;
b) The purpose of travel to the country;
c) The number of passport or travel document, the validity and identification of the issuing authority;
d) The length of stay in the Republic of Angola; e) Recent color passport photographs, 4x5cm, with white background;
f) All the other requirements demanded for each visa category;

ARTICLE 39.
(Application reception)

1. Received the visa application the process is registered, mentioning the name of the applicant, the request order number, date, type of visa and documents delivered.

2. The applicant is given a receipt proving the entry visa application presentation.

3. The issuance of the receipt referred to in the preceding paragraph is the responsibility of the Diplomatic and Consular Missions, except for the territorial visa which is from competence of the Migration and Foreigners Service.

ARTICLE 40.
(Processing the application)

1. The consular authority must, in processing the application for an entry visa, observe the following:

a) Check whether the form is completed, without erasures or alterations of any kind;
b) Verify the identity of the applicant;
c) Require the submission of documents required for clarification of doubts if any about the elements in the application;
d) Check the reasons why the applicant is applying for the visa in countries other than their habitual residence and if he is legally established in that country;
e) Check whether the means of subsistence which the applicant states are suitable for the time of stay requested;
f) Check the validity of the travel document for entry into the Republic of Angola;
g) Consult the list of undesirable persons from entering the country;
h) Check whether the required photographs allow good identification and, if the beneficiary usually use dark lenses for medical indications, should prove it's necessary.

2. At any phase of the process, the presence of the applicant can be requested near the Diplomatic and Consular Mission, with a view to the collection of additional education and decision on the application.

ARTICLE 41.
(Refusal and rejection)

1. The Diplomatic and Consular Mission may refuse the visa application if the conditions required are not gathered or not duly substantiated and should communicate the fact as well as the reasons to the applicant and the Migration and Foreigners Service, within 24 hours .

2. The order of dismissal may be revised as long as the citizen fulfills the shortcomings that gave him cause.

3. If recommended, the Migration and Foreigners Service shall, within 24 hours, report this to the Diplomatic and Consular Missions, to avoid asking for the same visa to another consulate.

ARTICLE 42.
(Grant of visas)

1. The grant of visa in passport or collective travel should check the identification of beneficiaries by the respective documents.

2. The grant of a visa for transit, tourism, short-term and regular, diplomatic or consular missions shall require the foreign citizen to provide evidence of livelihood referred to in Article 19 of Law no. 2 / 07 of 31 August.

3. The grant of entry visa is subject to check and analysis of documents, the receipt issuing and registering of the process in the system.

ARTICLE 43.
(Counting and period of stay)

1. The period of stay permitted by the visa granted, starts counting from the date of entry of foreign citizens on national territory, until its end.

2. In the case of a visa allowing multiple entries, the residence time begins from the date of first entry into national territory.

ARTICLE 44.
(Extension of entry visa)

1. The Migration and Foreigners Service must extend the entry visa whenever there is a justification for it.

2. A foreign citizen whom entry visa is not extended must be notified to leave the country voluntarily within a period not exceeding eight days.

3. Ignoring the deadline stipulated in the previous paragraph the detention of the foreign citizen in Detention Center for illegal foreigners and execution of the eviction process.

ARTICLE 45.
(Canceling of visas)

1. Visas can be canceled in the following situations:

a) When they have been granted based on false statements, use of fraudulent means or by invoking different reasons from those that led to the entrance of the holder in the country;
b) When the holder has been subject to an expulsion from national territory.

2. The previous paragraph is also applicable during the validity of the extensions of stay granted as laid down in Law No. 2 / 07, of 31 August.

3. The canceling of the visas referred to in the preceding paragraphs in national territory, is the responsibility of the Director of the Migration and Foreigners Service.

 4. The canceling of the visa outside the country, is the responsibility of the Diplomatic and Consular Missions, and reported immediately to the Migration and Foreigners Service justifying the act.

SECTION II
Specific Aspects

ARTICLE 46.
(Diplomatic, official and courtesy visa)

1. The Ministry of Foreign Affairs, through the Diplomatic or Consular Missions, authorized the issuance of visas of diplomatic, official and courtesy, shall prepare and submit periodic reports to the Migration and Foreigners Service.

2. The transformation of the diplomatic visa, official and courtesy, contained in Article 41 of Law no. 2 / 07, dated August 31, should be exceptionally authorized by the Minister of the Interior or by delegation the Director of Migration and Foreigners Service after consultation with the Minister of Foreign Affairs.

3. For purposes of border control, the Ministry of Foreign Affairs shall, within 24 hours, inform the Migration and Foreigners Service of the visas granted.

ARTICLE 47.
(Transit visa)

1. To obtain the transit visa, the citizen must present the following documents:

 a) Duplicated form fully completed;
b) Two recent color passport photographs, size 4x5cm, with white background;
c) Passport or any other valid journey document, accredited by Angolan authorities;
d) Proves to be the holder of the entry visa for the destination country or to be exempt from this;
e) Hold an airfare ticket for the destination country;
f) International Vaccine Card.

2. The applicant of the transit visa must demonstrate sufficient means for the stay period on national territory, according to Article 19 of the Law No. 2/07, 31th August.

ARTICLE 48.
(Processing of the transit visa application)

1. Instructing the application for transit visa by the Diplomatic and Consular Mission this can be immediately  granted, and it is her task to communicate to Migration and Foreigners Services the final decision on the application, within a maximum of 24 hours, according to the Article 59 of the Law 2/07, 31th August.

2. The deadline for the grant of the transit visa is two working days, from the application date of reception.

ARTICLE 49.
(Tourist Visa)

To obtain the tourist visa, the foreign citizen must present the following documents:

a) Application form fully completed;
b) Two recent color passport photographs, size 4x5cm, with white background;
c) Passport recognized by the Republic of Angola;
d) International Vaccine Card;
e) Photocopy of airfare ticket for the Republic of Angola with return flight;
f) Proof of means of subsistence, under the Article 19 of the Law no. 2/07, 31 August.

ARTICLE 50.
(Processing of the tourist visa application)

1. After referring the application for a tourist visa, the Migration and Foreigners Service analyses and communicates the diplomatic and consular mission the final decision.

2. The deadline for the tourist visa issuance is five working days, from the date of reception.

3. The Diplomatic and Consular Mission issues the tourist visit, after seven working days, in case there is no answer from the Migration Service, must communicate that information within 24 hours.

ARTICLE 51.
(Extension of tourist visa)

1. The Board of Migration and Foreigners Service and the directors of the provinces, by delegation of powers, are competent to approve, go through the procedure and issue the extension of the tourist visa.

2. The provincial bodies must only extend the tourist visas if the citizens are staying in their area of jurisdiction.

ARTICLE 52.
(Documents for the extension of the tourist visa)

1. To extend a tourist visa the following documents are cumulatively required:

a) Original and photocopy of the passport, including the page with the medical treatment visa;
b) Form, cover and file correctly completed;
c) Two recent color passport photographs, 4x5cm, with white background;
d) Proof of payment of migration act.

2. The deadline for extension of the ordinary visa is two working days, from the requests date of reception.

ARTICLE 53.
(Short-term Visa)

1. To obtain the short-term visa, the citizen must present the following documents:

a) Application form fully completed;
b) Two recent color passport photographs, size 4x5cm, with white background;
c) Passport valid for the Republic of Angola;
d) Photocopy of the airfare ticket for the Republic of Angola with return flight;
e) Proof of means of subsistence, under the Article 13 of the Law No. 2/07, 31 August;
f) Document proving the entry purposes on national territory, under the Article 62 of the Law No. 2/07, 31 August.

2. In the application the applicant must gather the documents that substantiate the urgency reasons that lead to the application for entry on national territory.

ARTICLE 54.
(Processing of the short-term visa application)

Conducting the proceedings for the application of the short-term visa by the Diplomatic and Consular Mission issues the visa and returns the travel document and it is her task to communicate to Migration and Foreigners Service the action, within a maximum of 24 hours, according to the Article 59 of the Law 2/07, 31 August.  

ARTICLE 55.
(Extension of short-term visa)

1. The Director of Migration and Foreigners Service is the person competent to approve, go through the procedure and grant the extension of the short-term visa, and he can also delegate to the directors of the provinces.

2. The directors of the provinces must only extend the short-term visa if the citizens are staying in their area of jurisdiction.

ARTICLE 56.
(Documents for the extension of short-term visa)

1. To extend a short-term visa the following documents are cumulatively required:

 a) Original and photocopy of the passport, including the page with the short-term visa;
b) Form, file and cover fully completed;
c) One recent color passport photographs, 4x5cm, with white background;
d) Proof of payment of migration act.

2. The deadline for the short-term visa extension is one working day, from the application date of reception.

ARTICLE 57.
(Ordinary Visa)

1. Prospecting for business referred to in Article 46 of Law no. 2 / 07, 31 August, must be understood as the attitude of a foreign citizen in search or probe the Angolan market by establishing contacts with various companies and entities linked to business in Angola.

2. Within the limits provided in paragraph 2 of Article 46 of Law no. 2 / 07, dated August 31, the ordinary visa can be granted for one or multiple entries.

3. To obtain the ordinary visa, the citizen must present the following documents:

a) Letter of invitation from the public or private entity with residence in the Republic of Angola;
b) Fully completed forms;
c) Statement signed by the applicant explaining the reasons for the journey and specifying the period of stay on national territory;
d) Two recent color passport photographs, size 4x5cm, with white background;
e) Passport valid for the Republic of Angola;
f) Photocopy of the airfare ticket for the Republic of Angola with return flight;
g) Proof of means of subsistence, under the Article 13 of the Law No. 2/07, 31 August;

ARTICLE 58.
(Processing of the ordinary visa application)

1. Conducting the proceedings for the the application of the ordinary visa, the Diplomatic and Consular Mission immediately asks for previous authorization to Migration and Foreigners Service, for its decision.

2. The deadline for the issuing of the ordinary visa is five working days, from the application date of reception.

ARTICLE 59.
(Extension of the ordinary visa)

1. The Board of Migration and Foreigners Service and the directors of the provinces, by delegation of powers, are competent to approve, go through the procedure and issue the extension of the ordinary visa.

2. The directors of the provinces must only extend the ordinary visa if the citizens are staying in their area of jurisdiction.  

ARTICLE 60.
(Documents for the extension of the ordinary visa)

1. To extend a short-term visa the following documents are cumulatively required:

a) Letter or application, properly substantiated, addressed to Migration and Foreigners Service, asking for the extension of the ordinary visa, including photocopy of the identification document if natural person;
b) Original and photocopy of the passport, including the page with the ordinary visa;
c) Form, file and cover fully completed; d) Two recent color passport photographs, 4x5cm, with white background;
e) Proof of payment of migration act.

2. The deadline for extension of the ordinary visa is two working day, from the request date of reception.

ARTICLE 61.
(Student Visa)

To obtain the student visa, the applicant must present the following documents:

a) Form, file and cover, fully completed, in capital letter or typed with black ink and correctly signed by the applicant;
b) Criminal record, issued by the origin country or usual residence authorities, translated and duly accredited;
c) Medical certificate from the origin country, translated into Portuguese and duly accredited;
d) Proof of means of subsistence;
e) Three recent color passport photographs, 4x5cm, with white background;
f) Photocopy of passport, main pages and those with information regarding the migratory flow;
g) Declaration of compliance with the Angolan laws;
h) Confirmation of enrollment in an accredited educational institution or confirmation of attendance on the referred institution indicating the conditions and duration of the education program, if so;
i) Proof issued by the competent institution, for the attribution of an academic or Professional degree or the recognition of scientific interest of the research work, if so;
j) Internship program or training contract, if so;
k) Proof of payment of the rate regarding the requested migration action.

ARTICLE 62.
(Processing of the student visa application)

1. After requesting the visa, Migration and Foreigners Service has to analyze the visa application process based on the confirmation of enrollment in an educational institution to attribute an academic degree, research works or internships, issued by the competent institution.

2. The deadline for the student visa grant is thirty working days, from the request reception date.

ARTICLE 63.
(Canceling of study visa)

The student visa, granted to a foreign citizen, must be canceled when:

a) Convicted for a crime;
b) Subject to the decision of expulsion from national territory;
c) Practiced actions that, if known by the Angolan authorities, would have opposed to the issuance;
d) In case the beneficiary hasn’t continued the studying program, according to the education institution regulation.  

ARTICLE 64.
(Extension of student visa)

1. The Board of Migration and Foreigners Service and the directors of the provinces, by delegation of powers, are competent to approve, go through the procedure and issue the extension of the work visa.

2. The directors of provinces must only extend the ordinary visa if the citizens are staying in their area of jurisdiction.

ARTICLE 65.
(Documents for the extension of the student visa)

1. To extend a student visa the following documents are cumulatively required:

a) Original and photocopy of the passport, including the page with the student visa;
b) Form, cover and file correctly completed;
c) Two recent color passport photographs, 4x5cm, with white background;
d) Document from the education institution proving the continuity of the studies and improvement;
e) Letter from the entity or person responsible for the citizen’s stay on the country;
f) Proof of payment of migration act.

2. The deadline for extension of the ordinary visa is three working day, from the requests date of reception.

ARTICLE 66.
(Visa for Medical Treatment)

1. To obtain the medical treatment visa, the foreign citizen must present the following documents:

a) Form, file and cover, fully completed, in capital letter or typed with black ink and correctly signed by the applicant;
b) Proof of means of subsistence;
c) Two recent color passport photographs, 4x5cm, with white background;
d) Photocopy of the passport, including pages with information regarding migratory flow;
e) Declaration of compliance with the Angolan laws;
f) Medical report from the origin country;
g) Suitable document from the entity that superintends the health institution that will intern the applicant in the country;
h) Proof of payment of migration act.

2. Without prejudice to the previous paragraph, in case of proven urgency, a short-term visa may be issued.

ARTICLE 67.
(Processing of the medical treatment visa application)

1. After requesting the visa, the Migration and Foreigners Service must analyze the process from the migratory flow point of view based on the medical report from the origin country.

2. The deadline for the medical treatment visa grant is fifteen working days, from the request reception date.

ARTICLE 68.
(Extension of medical treatment visa)

1. The Board of Migration and Foreigners Service and the directors of the provinces, by delegation of powers, are competent to approve, go through the procedure and issue the extension of the medical treatment visa.

2. The directors of provinces must only extend the medical treatment visa if the citizens are staying in their area of jurisdiction.

ARTICLE 69.
(Documents for the extension of the medical treatment visa)

1. To extend a medical treatment visa the following documents are cumulatively required:

a) Original and photocopy of the passport, including the page with the medical treatment visa;
b) Form, cover and file correctly completed;
c) Two recent color passport photographs, 4x5cm, with white background;
d) document issued by the medical institution confirming the continuity of the medical treatment;
e) Proof of payment of migration act.

2. The deadline for extension of the medical treatment visa is two working day, from the request date of reception.

ARTICLE 70.
(Privileged Visa)

In order to issue the privileged visa, foreseen in the Article 49, of the Law No. 2/07, 31 August, the foreign citizen must present the following documents:

a) Form, file and cover, fully completed, in capital letter or typed with black ink and signed by the applicant;
b) Criminal record, issued by the origin country or usual residence authorities, translated and duly accredited;
c) Medical certificate from the origin country, translated into Portuguese and duly accredited;
d) Three recent color passport photographs, 4x5cm, with white background;
e) Photocopy of passport, main pages and those with information regarding the migratory flow;
f) Declaration of compliance with the Angolan laws;
g) Private investment registration certificate;
h) Proof document of the capital imports’ license, for the requested investment, issued by the competent financial institution;
i) Valid proxy in favor of the person who represents the investor in Angola, if so;
k) Proof of payment of the rate regarding the requested migration action.

ARTICLE 71.
(Private investment registration certificate)

1. The Certificate of Registration of Private Investment (CRIP) referred to in point h) of the preceding, is issued by the National Agency for Private Investment (ANIP), after approval of the proposed private investment by the competent authority, whatever the form in which the investment is submitted pursuant to paragraph 2 of Article 19. and paragraph 1 of Article 20., of Law No. 03/11 of 13 May, on grounds of private investment.

2. In the Private Investment Certificate of Registration (CRIP), should appear the following information: investor's complete information, the procedural system, the investment's amount and the economic and financial characteristics, the deadline for it to be effective, the place for the investment, the seat and signature of the person in charge of the National Agency for Private Investment (ANIP), authenticated with the engraved stamp in use in that institution.

3. The entities with competence to approve the investments are obliged to inform the National Agency for Private Investment (ANIP), with the data regarding the respective investment projects in order to keep record, centralized statistical control of private investment, within 30 days, as laid down in Article 3 (2) of Law 11/03 of 13 May, in Basic Law for Private Investment.

ARTICLE 72.
(Processing of the privileged visa application)

1. After requesting the visa, the Migration and Foreigners Service must analyze the visa application process from the migration point of view, based on CRIP and poof document of the capital imports’ license for the requested investment, issued by the competent institution.

2. The deadline for the privileged grant is 30 working days, from the request reception date.

3. The privileged visa request may exceptionally be requested by the Migration and Foreigners Service, by means of a statement issued by the National Agency for Private Investment (ANIP), as laid down in Article 49 (3), of Law 2/07 of 31 August.

4. For privileged visa issuance purposes, to the company with investment as laid down on point a) of Article 50 (1) of Law 2/07 of 31 August - superior to the equivalent of 50 million USD or with investment on area C, is granted a total of eight privileged visas type A, to be distributed by investors, representatives and attorneys.

5. For privileged visa issuance purposes, to the companies with investment as laid down on point b) of Article 50 (1) of Law 2/07 of 31 August - inferior to the equivalent of 50 million USD and superior to 15 million USD, is granted a total of six privileged visas type B, to be distributed by investors, representatives and attorneys.

6. For privileged visa issuance purposes, to the companies with investment as laid down on point c) of Article 50 (1) of Law 2/07 of 31 August - inferior to the equivalent of 15 million USD and superior to 5 million USD, is granted a total of four privileged visas type C, to be distributed by investors, representatives and attorneys.

7. For privileged visa issuance purposes, to the companies with investment as laid down on point d) of Article 50 (1) of Law 2/07 of 31 August - inferior to the equivalent of 5 million USD, of Article 50 (1) of Law 2/07 of 31 August, is granted a total of 2 privileged visas type D, to be distributed by investors, representatives and attorneys.

8. The potential investor is given a short-term visa as laid down in Article 50 (2) of Law 2/07 of 31 August, by means of a declaration issued by the National Agency for Private Investment (ANIP).

ARTICLE 73.
(Extension of the privileged visa)

1. The Board of Migration and Foreigners Service and the directors of the provinces, by delegation of powers, are competent to approve, go through the procedure and issue the extension of the ordinary visa.

2. The provincial organs must only extend the privileged visa if the citizens related to the companies based on their area of jurisdiction.

ARTICLE 74.
(Documents for the extension of the privileged visa)

1. To extend a privileged visa the following documents are cumulatively required:

a) Original and photocopy of the passport, including the pages with the privileged visa;
b) Form, application and cover fully completed;
c) Two recent color passport photographs, 4x5cm, with white background;
d) Proof of payment of migration act.;
e) Document set down in writing by the National Agency for Private Investment proving the implementation of the project that gave rise to the visa.

2. The deadline for the privileged visa extension is five working days, from the request reception date.

ARTICLE 75.
(Work Visa)

1. The work visa can be granted until the tern of the employment contract, with a minimum period of time of three months and a maximum period of 36 months, according to the duration of the contract, except if its casual employment which shall last less than 90 days, and the General Labor Inspectorate has the competence to authorize, as laid down in Article 11 and 17 of Law 6/01 of 19 January.

2. To obtain the work visa, the foreign citizen must present the following documents:

a) Form, file and cover, fully completed, in capital letter or typed with black ink and correctly signed by the applicant;
b) Declaration of compliance with the Angolan laws;
c) Employment contract or employment agreement;
d) Certificate of academic or professional qualifications authenticated and translated into Portuguese;
e) Curriculum vitae translated into Portuguese;
f) Criminal record, issued by the origin country or usual residence authorities, translated into Portuguese;
g) Medical certificate from the origin country, translated into Portuguese and duly accredited;
h) Endorsement in Portuguese from the Ministry of Public Administration, Employment and Social Security in case of institutions or public companies or the regulatory body of the activity in case of institutions or private institutions;
i) Three recent color passport photographs, 4x5cm, with white background;
j) Photocopy of passport, main pages and those with information regarding the migratory flow;
k) Photocopy of company charter;
l) Recent proof document of tax revenues; m) Declaration from the employment center from the area where the company is based.

3. The certificate of academic and professional respect to point e) above must be authenticated by the Diplomatic and Consular Mission.

4. The opinion of the Ministry of Public Administration, Employment and Social Security for the cases of companies or public institutions or supervisory body of work for the cases of institutions and private companies, referred to in subparagraph i) above, follows the model No. 11 annexed to this Regulation.

ARTICLE 76.
(Processing of the work visa application)

1. After requesting the visa, the Migration and Foreigners Service has must, within 30 working days, analyze the visa application process based on the favorable endorsement from the Ministry of Public Administration, Employment and Social Security or from the competent Ministry, as laid down on point f) of Article 67 (1)(2) of Law 2/07 of 31 August.

2. The decision from the Migration and Foreigners Service must be notified within three days to the Diplomatic or Consular Mission and the applicant for information, and draw up information and submit it to the Ministry of Public Administration, Employment and Social Security or the competent Ministry.

3. The employment contract term referred in Article 51 (2) of Law 2/07 of 31 August, is regulated as laid down in Article 11 (2)(3)(4) and (5) of Law 6/01 of 19 January.

ARTICLE 77.
(Canceling of work visa)

The work visa is canceled if:

a) The employment contract that originated the visa issuance is dissolved;
b) Its holder is working on a different activity from the one that originated the visa issuance;
c) Its holder is working for a different employer from the one that required the visa.

ARTICLE 78.
(Payment of deposit)

1. The guarantee of  repatriation to be rendered as laid down in Article 68 (1) (2) of Law 2/07 of 31 August, can be done through any mean of bank deposit, and the employer must present to the Migration and Foreigners Service proof document of that deposit, to attach to the visa application process.

2. All the expenses derived from the repatriation security are the responsibility of the entity requesting the visa.

3. Public companies or at the service of the Angolan state are exempt from this security.

ARTICLE 79.
(Return of deposit)

1. The request for refund of the repatriation security must be presented by the legal representative to the Migration and Foreigners Service, after the exit of the foreign citizen has been confirmed.

2. (The refund of the security given as laid down in Article 68 (3) of Law 2/07 of 31 August, obliges the payment per capita of the repatriation guarantee regarding the existing number of workers.

3. The proof that the citizen has voluntarily abandoned national territory, must be done by the employer through presentation of the copy of the airfare ticket and confirmed by the border post responsible, in which there should appear the departure date.

4. All the expenses derived from the repatriation security are the responsibility of the depositor.

5. The Migration and Foreigners Service may consider lost the security deposited, in case the obligations foreseen in Article 69 of Law 2/07 of 31 August.

6. Within 15 working days, from the applications date for security refund and gathered all the requirements, the Migration and Foreigners Service promotes the refund of the deposited security.

7. It's the Migration and Foreigners Service Director competence to authorize the security refund.

ARTICLE 80.
(Extension of work visa)

1. The Board of Migration and Foreigners Service and the directors of the provinces, by delegation of powers, are competent to approve, go through the procedure and issue the extension of the work visa.

2. The provincial organs must only extend the work visa if the citizens related to the companies based on their area of jurisdiction.

ARTICLE 81.
(Documents for the extension of work visa)

1. To extend a work visa the following documents are cumulatively required:

a) Photocopy of the passport, including the page with the work visa;
b) Fully completed application form;
c) One recent color passport photographs, 4x5cm, with white background;
d) Proof of payment of migration act.
e) Photocopy of recent employment contract.

2. The deadline for extension of the ordinary visa is five working days, from the requests date of reception.

3. The work visa is not renewed on time, not having yet passed the period of employment that gave rise to it, the fine should be applied in accordance with Article 101 of Law no. 2 / 07 of 31 August.

4. The work visa that is not renewed on time and exceeded the term of the contract of employment that gave rise to it or if you are developing activity other than that justified the granting of work permits, the fine should be applied under Article 102 of Law no. 2 / 07, dated August 31.

ARTICLE 82.
(Temporary Stay Visa)

1. The evocation of the reasons embodied in a), b) and c) of Article 53 of Law no. 2 / 07, dated August 31, for the grant of temporary stay visa, require the submission of a prior declaration of the Executive body that oversees the activity.

2. In order to issue a temporary stay visa, the following documents are necessary:

a)  Application form, fully completed, in capital letter or typed with black ink and correctly signed by the applicant;
b) Previous declaration from the Executive organ that superintends the activity in the country, if so;
c) Criminal record, issued by the origin country or usual residence authorities;
d) Medical certificate from the origin country or usual residence, translated into Portuguese and duly accredited;
e) Proof of family relationships with national citizens or foreign citizens residing legally in the country, if so;
f) Proof of means of subsistence and accommodation conditions;
g) Three recent color passport photographs, 4x5cm, with white background;
j) Photocopy of passport, main pages and those with information regarding the migratory flow;
e) Declaration of compliance with the Angolan laws;
d) Proof of payment of migration act.

3. The temporary stay granted to the foreign citizen spouse of national citizen or holder of residence permit, for humanitarian reasons, on a religious mission, qualifies its holder to have a remunerated profession.

4. The bearer of a temporary stay visa granted as laid down in points c) and d) of Article 53 (1) of Law 2/07 of 31 August, doesn't qualifies the bearer to have any remunerated activity.

ARTICLE 83.
(Preliminary declaration model)

The Preliminary Declaration, which refers to a) of paragraph 1 above, shall conform to the model No. 12 annexed to this Regulation.

ARTICLE 84.
(Processing of the application)

1. After requesting the visa, the Migration and Foreigners Service must analyze the process from the migratory flow point of view based on the reasons presented.

2. The deadline for the temporary stay visa issuance is thirty working days, from the application reception date.

ARTICLE 85.
(Extension of temporary stay visa)

1. The Board of Migration and Foreigners Service and the directors of the provinces, by delegation of powers, are competent to approve, go through the procedure and issue the extension of the temporary stay visa.

2. The provincial organs must only extend the temporary stay visa if the citizens related to the companies based on their area of jurisdiction.

ARTICLE 86.
Documents for the extension of temporary stay visa

1. To extend a temporary stay visa the following documents are cumulatively required:

a) Photocopy of the passport, including the pages with the temporary stay visa;
b) Fully completed application form;
c) One recent color passport photographs, 4x5cm, with white background;
d) Proof of payment of migration act.

2. The deadline for extension of the ordinary visa is five working day, from the applications date of reception.

ARTICLE 87.
Residence Permit Visa

To obtain the residence permit visa, the foreign citizen must present the following documents:

a) Form, file and cover, fully completed, in capital letter or typed with black ink and correctly signed by the beneficiary;
b) Criminal record, issued by the origin country or usual residence authorities, translated and duly accredited;
c) Medical certificate from the origin country, translated into Portuguese and duly accredited;
d) Responsibility term from the person who will accommodate or proof of property or residence rental;
e) Proof of means of subsistence;
f) Three recent color passport photographs, 4x5cm, with white background;
g) Photocopy of the passport, including the pages with the information regarding migratory flow;
h) Declaration of compliance with the Angolan laws;
i) Proof of payment of migration act.

ARTICLE 88.
(Processing of the resident permit visa application)

1. After requesting the visa, the Migration and Foreigners Service must, within 60 working days, analyze the process from the migratory flow point of view based on the reasons presented for the visa application.

2. The decision of the Migration and Foreigners Service must be notified within two working days to the diplomatic and consular mission for the visa issuance.

ARTICLE 89.
(Extension for residence permit visa)

1. The Board of Migration and Foreigners Service and the directors of the provinces, by delegation of powers, are competent to approve, go through the procedure and issue the extension of the residence permit visa.

2. The provincial organs must only accept application for residence permit visa from citizens living in their area of jurisdiction.

ARTICLE 90.
(Documents for the extension of the residence permit visa)

1. To extend a residence permit visa the following documents are cumulatively required:

a) Photocopy of the passport, including the page with the residence permit visa;
b) Fully completed application form;
c) One recent color passport photographs, 4x5cm, with white background;
d) Residence certificate;
e) Service or school declaration;
f) Proof of payment of migration act.

2. The deadline for extension of the residence permit visa is five working day, from the application’s date of reception.

SECTION III
Territorial Visas

ARTICLE 91.
(Border Visa)

The application for a border visa is done in a suitable application form and proceeded with the following documentation;

a) Application form fully completed;
b) Passport recognized by the Republic of Angola;
c) Letter requesting the border visa;
d) Two recent color passport photographs, 4x5cm, with white background;

ARTICLE 92.
(Issuance for the border visa)

1. The border visa is authorized in a suitable application form which is communicated to the applicant.

2. On arrival to the border post, the user shows the permit copy or the original which after being confirmed is appended to the journey document.

ARTICLE 93.
(Transshipment Visa)

1. The transshipment visa is granted on the sea border post upon adding to the seaman's book or in the passport the shipping and landing vignette for the foreigner who travels on a ship or oil platform on high sea, in order to work there or leave to enter or exit the country in another mean of transport.

2. The shipment and landing permit must be requested by the agent or shipowner with previous notice of at least 72 hours, on the border post picket service.


CHAPTER VI
Transformation of Visas

ARTICLE 94.
(Transformation of ordinary and tourist visa)

Every time circumstances determine and for duly substantiated reasons, the holder of the ordinary and tourist visa may require the transformation of the tyoe of visa for medical treatment, upon presenting the following documents:

a) Letter, duly substantiated, headed to the Migration and Foreigners Service, asking for visa transformation;
b) Photocopy of passport including the page with the visa to be transformed;
c) Two recent color passport photographs, 4x5cm, with white background;
d) Declaration of compliance with the Angolan laws, especially not having a remunerated professional activity;
e) Declaration from the medical care unit confirming the need of assistance, internment or extended treatment in the country.

ARTICLE 95.
(Transformation of study visa)

1. To transform the student visa into a work visa, the applicant must present the following documents:

a) Duly substantiated letter headed to the Migration and Foreigners Service, requesting the visa's transformation, as  (laid down in Article 47 (3) of Law 2/07 of 31 August;
b) Employment contract or employment agreement;
c) Declaration or academic certificate accredited by the competent Government organism;
d) Proof document from the professional education institution that confirms the training limit;
e) Curriculum vitae;
f) Endorsement in Portuguese from the Ministry of Public Administration, Employment and Social Security in case of institutions or public companies or the regulatory body of the activity in case of institutions or private institutions;
g) Photocopy of passport including the page with the visa to be transformed;
h) Three recent color passport photographs, 4x5cm, with white background;

2. The application for visa transformation from student to work visa must be requested during the training if the person interested receives a job proposal.

ARTICLE 96.
(Transformation of temporary stay visa)

1. In order to transform the temporary stay visa into residence permit, the applicant must present the following documents:

a) Letter, duly substantiated, headed to the Migration and Foreigners Service, asking for visa transformation;
b) Criminal record issued by the Angolan authorities;
c) Complete passport photocopy and temporary stay visa in annex;
d) Three recent color passport photographs, 4x5cm, with white background.

2. The temporary stay visa transformation into residence permit is not allowed to the applicant for humanitarian reasons, scientific research purposes, family accompanying to the holder of study visa, medical treatment or work visa.

3. The bearer of a temporary stay visa granted as laid down in points e) and f) of Article 53 (1) of Law 2/07 of 31 August, may apply for residence permit five years after the uninterrupted stay on national territory.

ARTICLE 97.
(Transformation of privileged visa)

1. In order to transform the privileged visa into residence permit, the applicant must present the following documents:

a) Letter, duly substantiated, headed to the Migration and Foreigners Service, asking for visa transformation;
b) Criminal record issued by the Angolan authorities;
c) Proof document of the effective project execution, passed by the National Agency for Private Investment;
d) Complete passport photocopy with the privileged visa in annex g) Three recent color passport photographs, 4x5cm, with white background;

2. The investor that benefit from the residence permit, foreseen in Article 49 (4) of Law 2/07 of 31 August, is subject to the limitations of the foreign resident statute.

3. At moment, the foreign investor may require the transformation of the privileged visa into residence permit.

ARTICLE 98.
(Place of the transformation request)

The visa's transformation referred to in previous paragraph is required to the Director of Migration and Foreigners Service, in national territory.


CHAPTER VII
Residence permit

ARTICLE 99.
(Presentation of the application)

1. The application for residence permit must be presented to the Migration and Foreigners Service or in its provincial boards within 30 days before the visa for residence permit expires.

2. Except for the provisions that consecrate the principle of family reunification, the admissibility of the residence permit must obey the requirements in Article 80 of Law 2/07 of 31 August.

ARTICLE 100.
(Application for residence permit)

1. The application for residence permit is done in suitable application form signed by the applicant or its legal representative.

2. The application for residence permit from a minor must be requested within 90 days before the minor completes 14 years olds, and the issuance may be requested anytime the applicant needs to prove his capacity as resident.

ARTICLE 101.
(Requirements for the grant)

The foreign citizen may be granted with residence permit on national territory as long as he complies with the following requirements:

a) Not have been expelled of national territory or convicted;
b) Have not committed any action that, if known by the authorities, would have impeded the residence permit visa issuance;
c) Hold a valid residence permit visa;

ARTICLE 102.
(Documents)

1. The application for residence permit must be accompanied by the following documents:

a) Letter from the applicant, duly substantiated, headed to the Migration and Foreigners Service, asking for a residence permit;
b) Form, file and cover, fully completed, in capital letter or typed with black ink and correctly signed by the beneficiary;
c) Recent residence certificate;
d) Criminal record issued by the Angolan authorities;
e) Proof of means of subsistence;
f) Two recent color passport photographs, 4x5cm, with white background;
g) Photocopy of passport including identification pages and the one containing the residence permit visa;
h) Proof of payment of migration act.

2. If the applicant is a minor the request must be made by the progenitors or legal representatives.

3. The applicant is give a receipt proving the presentation of the application for issuance or renovation of the residence permit with a validity no more than 120 days.

ARTICLE 103.
(Competence for signature of the residence permit)

The residence permit is signed by the Migration and Foreigners Service Director, and he may delegate this competence.

ARTICLE 104.
(Identity card)

The identity card is delivered upon signature of its holder, unless included in the statement that the issuer does not know or can not sign.

ARTICLE 105.
(Renewal of the residence card)

In order to renovate the residence card the the citizen   must present the following documents:

a) Photocopy of card valid up to 30 days;
b) Fully completed application form;
c) Photocopy of passport;
d) Two recent color passport photographs, 4x5cm, with white background;
d) Residence certificate;

ARTICLE 106.
(Competence and place of request)

1. The Migration and Foreigners Service must accept, go through the procedure and issue the applications for residence permit.

2. The provincial organs must accept, go through the procedure and forward the application to the Board of Migration and Foreigners Service, in order to issue, gathered in archive.

ARTICLE 107.
(Documents for reissuing)

To extend a reissuing of residence permit the following documents are cumulatively required:
a) Original residence permit;
b) Police participation in case of loss, theft or deviation;
c) Suitable proof of data alteration;
d) Recent residence certificate, in case of change of domicile;
f) Two recent color passport photographs, 4x5cm, with white background;
f) Proof of payment of migration act.

ARTICLE 108.
(Deadline)

The deadline for the reissuing of the residence permit is 15 working days in Luanda and 30 working days for the other provinces, from the application entry date.

ARTICLE 109.
(Canceling of the residence card)

1. Every time as laid down on Article 89 of Law 2/07 of 31 August, the residence permit is canceled, the Migration and Foreigners Service must inform the applicant to leave national territory.

2. The foreign citizen must leave the country within 15 days from the notification date, as laid down on Article ´27 of Law 2/07 of 31 August.

3. The Director of Migration and Foreigners Service decision is subject to appeal pursuant to law.

ARTICLE 110.
(Exceptional regime)

1. As laid down in Article 90 of Law 2/07 of 31 August, the application for exceptional grant of residence permit must enter the Migration and Foreigners Service.

2. The Migration and Foreigners Service must issue the endorsement to the application and dispatch it to the Ministry of Interior within 15 days from the reception date.  

ARTICLE 111.
(Refusal of application)

In case the residence permit application is rejected or canceled the applicant is informed and invited to leave the country voluntarily within a period of time no more than 30 days.

ARTICLE 112.
(Change of residence)

1. The holder of the resident card who wants to change domicile must inform the Migration and Foreigners Service from the province where he is domiciled, with notice to the authorities from the province he wishes to domicile.

2. The communication must be made in witting with the following information: full name, nationality, number, date and place of issue of passport and number of foreign residence card.

ARTICLE 113.
(Referral process in case of change of address)

After informing the change of domicile the Migration and Foreigners Service of the residence area must send the migratory process of the foreign citizen, and proceeding with necessary registrations.

ARTICLE 114.
(Family reunification)

1. For the family reunification on national territory of foreign citizen, family member of a citizen resident in the Republic of Angola, the applicant must submit his request to the Diplomatic and Consular Mission.

2. The request for family reunification must include, apart from all the documentation in the residence permit visa application, the following documents:

a) Proof document proving being under his dependence in the country where formulating the request;
b) Marriage certificate, in case being spouse;
c) Birth certificate, in case being under eighteen years old,  parents and full age children who are economically dependent of the bearer, incapable and minor who are legally under his guard.

3. In case being parents, children over eighteen years old economically dependent of the bearer, incapable and minors legally under the guard, the applicant must prove so.

4. The children over eighteen years old discretion in point c) of Article 91 (2) of Law 2/07 of 31 August must, apart from the full age requirements, be under the applicant's guard.

5. In order to practice the family reunification right the applicant must have accommodation and means of subsistence.


 CHAPTER VIII
Registry

ARTICLE 115.
(Minors record)

1. In order to enroll in the Migration and Foreigners Service the son of foreign parents who was born as laid down in Article 93 (3) of Law 2/07 of 31 August, the parents must present, through the Central Registration Conservatory, the following documents:

a) Duly completed application form for the minor's enrollment;
b) Photocopy of the minor's schedule or other identification document;
c) Two recent color passport photographs, 4x5cm, with white background;

2. The requested documents must  be annexed to the progenitors' processes to complete the family record.

3. Along with the minor's enrollment the Migration and Foreigners Service will pass an enrollment certificate for the minor, which will be his identification in national territory.

4. The certificate issued as laid down in the previous number will be validated up to 14 years old, and than a residence permit will be issued when requested.

ARTICLE 116.
(Data record)

1. The courts must send to the Migration and Foreigners Service within 30 days of the extracts on convictions in criminal proceedings against foreign nationals for the purpose of record.

2. In extracts of judgments there must appear the deadline for implementing the decision, the period of prohibition of entry that can not be less than five years and the country where the citizen shall be expelled under Article 32 of Law no. No. 2 / 07, dated August 31.

3. The deadline for entry interdiction may be extended if the reasons persist, in accordance with Article 24 of Law no. 2 / 07, dated August 31.

4. The national list of undesirable persons should be released from the entities responsible for education and granting of immigration acts.


CHAPTER IX
Infringements

SECTION I
Migratory infringement

ARTICLE 117.
(Migratory infringement)

1. When the Migration and Foreigners Service detects migratory infringement by foreign citizen subject to fine, it should to notify him via an transgression auto.

2. The  transgression auto obeys to model number twelve attached to this regulation.

ARTICLE 118.
(Legal stay)

1. The foreign citizen that unreasonably exceeds the period of stay that may be granted a penalty applies under paragraph 1 of Article 101 of Law no. 2 / 07, from 31 August until 30 days after expiry date of the visa.

2. After the period of the previous paragraph the citizen is subject to expulsion under Article 29 et seq. of Law No. 2 / 07 of August 31 with the consequent interdiction on entry and his return to the national territory shall be subject to payment of a fine.

ARTICLE 119.
(Lack of work visa)

1. Foreign citizens who engage in any remunerated activity for others or on their own without regularized immigration status are subject to the penalties provided for in Article 102 of Law no. 2 / 07, of 31 August.

2. The foreign citizen holder of a work visa that exceeds the period of stay which is granted until 30 days after the expiry of that, the fine to be imposed will follow paragraph 1 of Article 101 of Law no. No. 2 / 07, dated August 31.

3. After the deadline mentioned in the previous paragraph the foreign citizen holder of the work visas are subject to the penalties provided for in Article 102 of Law no. 2 / 07, dated August 31.

ARTICLE 120.
(Foreigner without documents)

The foreign citizen is apprehended without the documentation, regardless of whether or not legal in the country, the fine to be imposed follows Article 104 of Law no. 2 / 07, dated August 31.

ARTICLE 121.
(Deadline for payment of fines)

The deadline for payment of fines established pursuant to Articles 100 et seq. Of Law No. 2 / 07, dated August 31, is 10 days from the date of application.

ARTICLE 122.
(Non-payment of fine)

1. Whenever a violation is detected outside the national territory, in the border post, in accordance with paragraph 2 of Article 101 of Law no. 2 / 07, 31 August, and the foreign citizen is unable or unwilling to pay the fine, the fact must be booked through the opening of a process with all identifying data of the same, which joins its last statement on its own model.

2. To enter national territory of a foreign citizen in the condition described in the preceding paragraphs shall be subject, in addition to paying the fine which was not made outside national territory, to pay an additional amount in kwanza, equivalent to $ 50.00 under paragraph 2 of Article 103 of Law no. 2 / 07, of 31 August.

3. Upon payment of the fine, the Migration and Foreigners Service issues the relevant evidence and raises the preventive measure.

SECTION II
Illegal Immigration

ARTICLE 123.
(Illegal Immigration)

1. The offenses referred to in Articles 113 et seq. Of Law No. 2 / 07 of August 31, liable to criminal proceedings, should be reported to the Attorney General of the Republic of Angola within 48 hours.

2. The Minister of Finance shall specify the bank that raises money values resulting from the application of fines at the border posts. 3. Incumbent upon the Ministers of Interior and Finance, within 60 days, sharing in the regulatory fines, under Article 112 of Law no. 2 / 07, dated August 31.


CHAPTER X
Final and Transitory Provision

ARTICLE 124.
(Rates)

1. All revenues resulting from the collection of the fees provided for in paragraph 1 of Article 118 of Law no. 2 / 07, dated August 31, enters the account's unique national treasure, through the document Revenue Collection under the heading "various fees and charges."

2. The amount of fees referred to in the preceding paragraph, the allocation is 70% State Budget that is attributed by transfer to the Migration and Foreigners Service, pursuant to paragraph 2 of Article 118 of Law no. 2 / 07 of 31 August.

 

The President of the Republic, JOSÉ EDUARDO DOS SANTOS.