South Sudan residence permits

Residence permits are defined in Chapter V of the Passports and Immigration Act, 2011, which governs visas, passports and residence permits and is administered by the Directorate of Nationality, Passports and Immigration within the Ministry of Interior. Foreigners with a valid residence permit are permitted to reside in South Sudan. The Act distinguishes special, ordinary and temporary residence permits.

A special residence permit may be granted to foreigners who have resided in South Sudan continuously for at least three years, or who have stayed lawfully for more than five years and carry out scientific, technical or commercial activities the Minister considers valuable to the country; it is valid and renewable for five-year periods. An ordinary residence permit may be granted after at least five years of continuous residence, or after more than two years of lawful residence with such valuable activities, and is renewable for two-year periods. Foreigners who do not qualify for either may receive a temporary residence permit, valid and renewable for periods of up to twelve months.

A foreigner must report to the nearest competent authority within three days of entering South Sudan to register; tourists staying up to three months are exempt. Hotels, lodges and guest houses must keep a register of foreign guests. Anyone who employs a foreigner must notify the competent authority within three days of the start of employment and send a declaration within 48 hours of its end. The loss of a passport or identity card must be reported within 48 hours.

Section 23 extends a residence permit to the holder’s spouse or spouses, children and dependants, so family members are covered by the main holder’s permit rather than by a separate family category.

A special or ordinary permit is forfeited when the holder is absent from South Sudan continuously for more than six months without obtaining a return visa before leaving, and in any case when the absence exceeds one year, although a new application remains possible; absence on a government mission does not count. A permit may be cancelled when the grounds on which it was granted no longer exist. The Minister may deport a foreigner who breaches the conditions of residence, and fraudulently obtaining a residence permit is an offence punishable by a fine of up to SSP 2,000, up to two years in prison, or both.

Under section 40, appeals against decisions of the Minister, the Directorate or a competent authority under the Act lie to the competent court. A decision of the Minister declaring a foreigner undesirable or ordering deportation on the advice of the Aliens Committee is final.