Date of publication:
07/05/2024
Uganda
Do domestic laws and policies provide refugees or stateless persons access to permanent residency status?
Assessment by population
Analysis
While Ugandan refugee law grants refugees a range of rights, they do not explicitly provide a pathway to permanent residency status that would provide a secure, durable status to allow refugees with the highest level of attachment to their host stat to enjoy their rights before naturalization. However, refugees may eventually obtain permanent residency status in Uganda, by having a permanent residency permit as provided under the Uganda Citizenship and Immigration Control Act like any other non-nationals. Also, the Refugees Regulations has dedicated one section for integration of refugees that would promote the social, economic and cultural integration of refugees in the Ugandan society.
The Uganda Citizenship and Immigration Control Act, under section 55, provides that every foreigner including refugee can apply for a permanent residence permit if they fulfill the requirements set forth in the law. As per section 55 (3) of the same Act, the certificate of permanent residence shall only be granted to a person on proof that the person has contributed to the socioeconomic or intellectual development of Uganda; has continuously lived legally in Uganda for ten years; is of good character and of proven integrity; has not defaulted in the payment of any taxes required to be paid by him or her; and has no criminal antecedents in Uganda or outside Uganda; and is not a bankrupt or destitute; or he or she is legally married to a Ugandan citizen and there is a subsisting marriage of three years or such other period as may be prescribed.
In addition, the administrative requirements of the Directorate of Citizenship and Immigration Control states that an applicant should provide Valid Police clearance, medical report from a recognized health facility, Passport Copy (Bio data page) with at least 6 months validity, Evidence of continuous legal stay for a minimum of 10 years and Valid Income tax clearance among others. Moreover, the applicant should pay a fee of USD 4000 for 5 years stays; a fee of USD 3500 for 10 years and USD 3,000 for life in addition to an application fee of 200$ for processing.
The Refugees Regulations, under regulation 60, states that the Commissioner shall ensure that refugees are integrated into the communities where the refugee camps or the refugees are settled. Furthermore, as per regulation 61 of the Regulation, the Commissioner shall liaise with the national, local, and regional planning authorities for the purposes of ensuring that refugee concerns and related matters are taken into consideration in the initiation and formulation of sustainable development and environmental plans. Also, pursuant to regulation 61 of the Regulation, the Commissioner is expected to take affirmative action in favor of women, children and persons with disabilities in the integration process.
The term ‘integration’ is applied in the Regulation differently from ‘local integration’ that aims to integrate refugees including by providing durable legal status and naturalization. In the Regulation, the integration section aims to facilitate the appropriate economic, social and cultural inclusion of refugees and are provided without prejudice to eventual durable solutions that may become available. The Ugandan Government has implemented an Integration Program for refugees, which aims to promote their social, economic, and cultural integration into Ugandan society. This program includes various initiatives, such as language training, livelihood skills training, and support for education and employment.
Related provisions of domestic law or policy
Uganda Citizenship and Immigration Control Act
- Year: 1999
- Type: Domestic law
- Rights Category: Asylum, Work & Workplace rights, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1999/en/74932
Legal provision
Section 55 - Certificate of Permanent Residence
(1) The board may grant to a person upon application a certificate of permanent residence which shall entitle that person to remain in Uganda for such period as is stipulated in the certificate. (2) The application referred to in subsection (1) shall be in Form E specified in the Third Schedule to this Act. (3) A certificate of permanent residence shall only be granted to a person on proof that — (a) that person — (i) has contributed to the socioeconomic or intellectual development of Uganda; (ii) has continuously lived legally in Uganda for ten years; (iii) is of good character and of proven integrity; (iv)has not defaulted in the payment of any taxes required to be paid by him or her; and (v) has no criminal antecedents in Uganda or outside Uganda; and (vi) is not a bankrupt or destitute; or (b)he or she is legally married to a Ugandan citizen and there is a subsisting marriage of three years or such other period as may be prescribed. (4) Notwithstanding anything in subsection (3), any Uganda citizen who acquires the citizenship of another country shall be eligible on application for the grant of a certificate of permanent residence under this section. (5) Where a person has been granted a certificate of permanent residence under subsection (3)(g) and the marriage by virtue of which that person was granted a certificate of permanent residence is — (a) invalid or otherwise declared void by a court or tribunal of competent jurisdiction; or (b) dissolved, that person shall cease to hold a certificate of permanent residence. (6) The board may cancel any certificate of permanent residence obtained under subsection (3)(g) if it is proved that the holder of the certificate conducted a marriage of convenience for the sole purpose of acquiring a certificate of permanent residence. (7) The board may revoke any certificate issued under this section upon a finding that— (a) the person holding the certificate has violated the terms of the certificate of permanent residence; (b) the person holding the certificate has violated any of the provisions of this Act; (c) the person has become a prohibited immigrant under section 52; or (d) the person has become an undesirable immigrant under this Act.
The Refugees Regulations (Uganda)
- Year: 2010
- Type: Domestic law
- Rights Category: Work & Workplace rights
- Link to external source: https://www.refworld.org/legal/decreees/natlegbod/2010/en/102127
Legal provision
Regulation 61 - Integration of refugee matters in development plans.
The Commissioner shall liaise with the national, local, and regional planning authorities for the purposes of ensuring that refugee concerns and related matters are taken into consideration in the initiation and formulation of sustainable development and environmental plans.
Regulation 62 - Affirmative action in favour of women, children and persons with disabilities
In the integration of refugees in the host communities, the Commissioner shall, in cooperation with the UNHCR and the other organizations involved in the assistance of refugees, ensure that special attention is given to women, children and persons with disabilities.
Regulation 60 - Integration of Refugees in Host Communities
(1) The Commissioner shall ensure that refugees are integrated into the communities where the refugee camps or the refugees are settled. (2) For the purposes of sub regulation (1), the Commissioner shall sensitise the host communities about the presence of refugees and any other matters relating to their coexistence with each other