The Immigration (Amendment) Regulations, 2023 introduced Residence Permit Class C-11, allowing foreigners to obtain residence permits in Tanzania by purchasing real estate worth at least USD 100,000. Applicants are required to provide, among other documents, proof of ownership, tax clearance, police clearance, and a recommendation letter from the Tanzania Investment and Special Economic Zones Authority (TISEZA).
The amendment aims to promote foreign investment in the real estate sector. However, it creates legal uncertainty because Section 20(1) of the Land Act limits land ownership by foreigners to investment purposes through derivative rights issued by TISEZA. Under the new Regulations, foreigners may obtain residence through property ownership without following the traditional investment and derivative title process.
This creates uncertainty regarding the legality of land transfers to foreigners, the type of tenure they may hold, and the procedures applicable under the Land Act. The Regulations also remain silent on issues such as the duration of the permit, dependent coverage, and whether the framework applies only to residential properties or other forms of real estate.
Unlike jurisdictions such as Zanzibar, the UAE, Portugal, and Malta, Mainland Tanzania’s framework lacks clear designated investment zones and comprehensive implementation guidelines.
To ensure legal certainty and effective implementation, the Government should harmonize the Immigration Regulations with the Land Act and investment laws by clearly defining the rights of foreign real estate buyers, the applicable land tenure system, and the procedures for land acquisition and permit issuance
About Rayson Elijah Luka
Partner
Rayson Elijah Luka is a proficient advocate with in-depth specialty in corporate, real estate, international trade & finance, agribusiness & food, intellectual property and non-for-profits. Rayson has a remarkable track record in providing assistance to large multinationals in obtaining sector-specific licenses and fiscal and non-fiscal investment incentives under the Tanzania Investment & Special Economic Zones Authority TISEZA.
Rayson possesses prodigious corporate expertise in assisting and managing several international and local non-governmental organizations.
,Rayson’s expertise also extends to Corporate Litigation particularly in commercial cases related to Winding Up, Corporate governance and protection of Minority shareholders. He has been instrumental adviser to companies in secretarial services, share structuring, conversion of loan and advance share capital to equity.
Rayson also possesses Vast Knowledge on Legal Protections related to Belt and Road initiative and Construction of Africa Continental Free Trade as well as China Foreign Investment law, which makes him an exceptional advocate when dealing with Chinese Investors. He notably completed the 8th Course on China-Africa Legal Exchange Programme hosted by China Law Society and co organized by Legal Exchange Centre, Tsinghua University of Foreign Studies and Guanghua Law School, Zheijang University.
Rayson is equally impressive, as he holds a Diploma in Specialized Course on International Economic Law and Police (IELPO) from the University of Barcelona, Spain. Additionally, he has earned accolades for his participation in the European Law Society Association (ELSA) Moot Court Competition’s African regional rounds where he was bestowed with the best written submissions award in Africa and the esteemed ELSA Spirit Award.Rayson is the member of TLS, EALS & IBA. Read full profile
Specialisms: Commercial Property, Corporate / M&A, Restructuring & Insolvency, Commercial Contracts
Firm: Victory Attorneys & Consultants
