The Citizenship Act of Tanzania explicitly defines the modes of obtaining citizenship, which applies to both Tanzania Zanzibar and the Mainland. These modes are in following categories: (1) citizenship by birth, (2) citizenship by descent, and (3) citizenship through naturalisation or registration.
Below is a commentary on each mode:
Citizenship by Birth
Tanzanian citizenship is acquired if at least one of the parents is a Tanzanian citizen. This follows the principle of jus sanguinis (right of blood), which determines citizenship based on the nationality of the parents rather than the place of birth.
Citizenship by Descent
A person born outside Tanzania to a Tanzanian parent can obtain Tanzanian citizenship through descent. This applies to children born to Tanzanian citizens. This mode emphasises the significance of retaining citizenship links for Tanzanian nationals residing abroad.
Citizenship by Naturalisation
permanently in Tanzania.
Additional Considerations:
In Tanzania, citizenship by descent is one of the most common ways to obtain nationality and is governed by the Citizenship Act. The following are the requirements for attaining Tanzanian citizenship through descent.
Key Provisions for Citizenship by Descent:
Eligibility
A person born outside Tanzania with at least one parent who is a Tanzanian citizen is eligible for citizenship via descent. Tanzania recognises both maternal and paternal lines, allowing children to acquire citizenship through either parent, provided the parent is a Tanzanian citizen at the time of birth.
Registration of Birth
To get citizenship by ancestry, a child born outside Tanzania must register with the nearest Tanzanian consulate or diplomatic mission. This step assures that the child is legally recognised as a Tanzanian citizen.
Considerations for Citizenship by Descent:
Dual Citizenship for Minors:
Tanzania does not allow dual citizenship, but children born to Tanzanian parents overseas can hold dual nationality during their minority (under 18 years). When a child reaches adulthood, they must choose between retaining Tanzanian citizenship and giving up their other nationality, as Tanzania does not allow dual citizenship for adults.
Documentation and Challenges:
To obtain Tanzanian citizenship by ancestry, the child's birth must be registered with the nearest Tanzanian diplomatic mission on time. Failure to do so may complicate claims for Tanzanian citizenship, especially if the child later attempts to exercise citizenship rights.
Limitations and Challenges:
No Dual Citizenship for Adults:
Those receiving Tanzanian citizenship by descent face a challenge: they must choose between Tanzanian citizenship and another nationality once they reach maturity if they hold dual citizenship. This constraint has generated requests for legal revisions to allow dual citizenship, particularly considering Tanzanians' increased mobility abroad and their contributions to the country through remittances and investment.
Proof of Descent:
Individuals claiming Tanzanian citizenship by descent may have difficulties in producing proof of descent, especially if their birth was not registered at a diplomatic station. In such circumstances, acquiring correct documents like as birth certificates and verification of the Tanzanian parent's nationality can be challenging, particularly for people whose parents have renounced Tanzanian citizenship or died.
Potential Reform Considerations:
There have been continuous discussions concerning the need for reforms to Tanzania's citizenship laws, notably addressing dual nationality and improved facilitation for the Tanzanian diaspora. Given the global trend of recognising dual citizens' contributions and the importance of maintaining connections with citizens abroad, there is room for future amendments to make the citizenship by descent process more inclusive and flexible, particularly for second- or third-generation Tanzanian descendants born abroad.
Recent Changes
On June 26, 2024, Tanzania published the Written Law (Miscellaneous Amendments) (No.2) Bill which proposes the amendment of eight different laws, including the Immigration Act, Chapter 54, Revised Edition 2002 (the "Immigration Act") and the Land Act, Chapter 113, Revised Edition 2018 (the "Land Act"). The proposed modifications will create special immigration status for Tanzanian non-citizens and give them special status to engage in a variety of economic and social activities. For example, the proposed amendment to the Immigration Act will grant the Diaspora Special Status to Tanzanian non-citizens, enabling them to enter, stay, or exit the country for various purposes as outlined in the law. Additionally, the amendment to the Land Act will introduce special derivative rights to the holders of special status who have been issued with Diaspora Tanzanite Cards under the Immigration Act. This will enable a diaspora with special status to own or dispose of land acquired through various means, such as inheritance or sale.