I am an expatriate married to a Tanzanian and have been working on a work permit for six years. My current work permit is about to expire and I am told by the HR Manager that the Company will not apply for renewal of my work permit because I have exhausted the period allowed to work in Tanzania on a work permit. Since I am married to a Tanzanian and I am not expecting to leave in the near future, what can I do to get another renewal of my work permit?
Prior to 11 October 2021 when the Written Laws (Miscellaneous Amendments) Act, No.6 of 2021 which amended among others, section 12(4) of the Non- Citizens (Employment Regulation) Act, 2015 came into force, the total period of validity of a work permit was 5 years. After the amendment of the said provisions, the aggregate period of validity of a work permit was enhanced to 8 years. A foreigner who is married to a Tanzanian who wishes to be exempted from eight years ceiling fixed by the Act can apply to the Minister responsible for labour under regulation 13(1)(5)(c) of the Non- Citizens (Employment Regulation) Regulations, 2016 (GN No.331 of 2021) for exemption from the ceiling on the ground of marriage to a Tanzanian. However, for the Minister to grant exemption from the 8 years ceiling prescribed under the Act on the ground of marriage, the marriage must be a valid and legally recognised marriage that has subsisted for not less than 3 years. Please note that the Minister for Labour has power under regulation 13(4) of the Regulations to amend or withdraw such an exemption from the 8 years ceiling after consultation with the Commissioner for Labour.