No, a visitor to Namibia may not work, paid or unpaid, and even a few days of work on site needs a work visa or an employment permit. The Immigration Control Act 7 of 1993 treats working on a visitor visa as an offence for the visitor and as a separate offence for anyone who employs them.
What does the law say?
Section 29(6) of the Act states that a visitor's entry permit does not authorise the holder to enter into or be in any employment, to conduct a business, to carry on a profession or occupation, or to receive training or education in Namibia. Regulation 5(3) of the Immigration Regulations repeats the point: no visitor shall engage in employment unless issued an employment permit under section 27(1). Section 24(b)(i) requires an employment permit for any person who enters or resides in Namibia for the purpose of employment, business, a profession or an occupation.
What can a visitor do?
A visitor can take a holiday, visit family, attend business meetings and negotiations, attend workshops (not as presenter) and explore business opportunities. The business visa covers meetings and negotiations for a foreign company, for up to 90 days, with no work in Namibia.
What are the penalties?
A visitor who acts in conflict with the purpose of the permit or breaks a condition commits an offence under section 29(5). On conviction the fine can be up to R12,000 (as printed in the Act) or imprisonment of up to 3 years, or both, and the person may be dealt with under Part VI of the Act as a prohibited immigrant, which can lead to removal from Namibia.
The employer is also exposed. Section 30(3)(a) says no person shall employ or continue to employ a person who is in Namibia in contravention of the Act or a condition imposed under it. Under section 30(4) a person who breaks that rule commits an offence with the same maximum penalty of R12,000, 3 years, or both.
How can a person work legally and quickly?
A short term work visa covers paid or unpaid work of up to 6 months, including contracts, installations, consultants, trainers and conference speakers. The government fee is N$1,600 per visa of up to 90 days. The Ministry states a processing time of 10 working days, and applicants should plan for longer. These are typical times and not guaranteed. For work longer than 6 months the person needs an employment permit, and many employers lodge both so the person can work lawfully on the visa while the permit is processed.
What to prepare
- A certified passport with at least 6 months validity and 2 clean pages.
- The visa application, completed accurately.
- Qualifications and experience that match the job.
- The contract or tender that explains the work.
- A motivation letter from the Namibian employer or client.
Frequently asked questions
Is unpaid or voluntary work allowed on a visitor visa?
No. The short term work visa covers any paid or unpaid work, so unpaid work on site also needs the correct visa.
Can a speaker present at a workshop on a visitor visa?
Attending a workshop is allowed, but presenting is work. Conference speakers and trainers need a short term work visa.
Can an employer ask the visitor to start a few days early?
No. Section 30(3)(a) applies from the first day. The employer should wait until the work visa or permit is issued.
We prepare and lodge the work visa before your staff member travels. Contact Andersen in Namibia: WhatsApp +264 81 315 7942, info@na.andersen.com, +264 61 402520 or na.andersen.com.
