United States. President's Commission on Immigrati.

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British passengers


Alien passengers




Landed


Embarked


Landed


Embarked


By air -


1,654,134
1,226,904


429, 926
1, 306, 444


262, 226
548, 880


260.897


By sea .


545, 599








Total


2, 881, 038


1, 736, 370


811,106


806, 496







For the year ending September 1952 —

Immigrants (people accepted for period over 12 months with probability of
settling) :

Male 3,015

Female ^'^^l

Children ^^ ^, 259

Total 20,585.



Holders of Ministry of Labor permits good for 12 months or more (a propor-
tion may settle in the country) :

Male 4, 467

Fvmale , 13,070

Children 86



Total 17, 623



Grand total 38, 208

Kenya and Tanganyika

(Note. — Immigration laws and policies for all of the East African territories,
which include Kenya and Tanganyika, are similar or identical so that the follow-
ing remarks do not differentiate between colonies although the information is
based on Kenya.)



I. immigration laws and features of basic policies

1. Legislation

"Since the war the * * * Kenya and Tanganyika * * * Legislative
Councils have passed immigration (control) ordinances under which immigrants
are classified according to the nature of their employment or the pnipose for
which they wish to enter the country. Before being given permission to enter
any territory, immigrants must apply to an appropriate authority appointed by
tlie (jovernment and must obtain a certificate of eligiliility. The principle on
which the control is Iiased is that the entry of the immigrant in question is in the
general interests of the teiTitory. Provision is of course made for temporary
permits for visitors." '

Tlie immigration (control) ordinances for East Africa were passed by the
Legislative Councils and i)ut into effect on August 1, l!)4iS. The ordinances do
not apply to indigenous Al'i'icans, that is, members of native tribes, who are free
to travel at their will in the territories. Native Africans who come from the
adjacent territories of Portuguese East Africa, Nortliern Rhodesia, Nyasaland
and Kiianda-ri-andi do not reipiire passes to enter the territories.

'llie immigi-atiiin (control) ordinances make no distinction as to the nationality
of immigrants with the exception of ex-enemy aliens (such as Germans) who
are subject to special restrictions. There are no quotas or statutory limits to
the number of immigrants who may enter in one year.



^ The British Territories in Kast
Conniiand Paper No. 79S7, p. 125.



and Central Africa, 1945-50, House of Commons,



1918 COMMISSION ON IMMIGRATION AND NATURALIZATION

Entry to the territories requires, as a prerequisite to compliance with the
immigration (control) ordinances, presentation of a passport properly visaed
(see par. I 4j below). British subjects and subjects of certain countries with
whom reciprocal arrangements are in effect require no visas. Subjects of other
countries require a visa which is issued by a British consul or a passport control
officer. Visa issuing officers are under the control of the Passport Control Office
of the Foreign Office. This office maintains liaison with the Home Office, author-
izes its officers to issue visas and follows policies laid down by the Home Office.
The regulations governing the issuance of a visa are in conformity with immigra-
tion regulations, the latter being the definitive factor in entry to the territories.

2. Operation of the ordinances

The issuance of any pass is within the discretion of the Immigration Depart-
ment, which is, of course, responsible to the governor of the territory. Applica-
tions for permanent immigration are presented before the Immigration Board'
which meets monthly. This board has about 10 members, government officials,
members of the Legislative Council and local business and professional men.

3. Qualiflcations for immigration

Legal entry into the territories is effected by four kinds of certification :
lie-entry pass, visitor's pass, temporary employment pass, and entry permit.

(cf) Re-entry pass. — A re-entry pass is automatically issued upon application
to any legal resident. A legal resident is any resident who has maintained legal
residency during a period of 5 years.

(&) Visitor's pass. — A visitor's pass is issued to any person who possesses a
valid passport or travel document properly visaed and who —

(1) Promises not to take up employment in East Africa without permission
of the principal immigration officer

(2) Has made satisfactory arrangements for travel out of the territory
(transportation tickets, etc.) or

(3) Can satisfy the issuing authority that sufficient funds ai'e possessed
( £100 per person and £50 for children under 12)

(4) Would not, by his entry, act to the prejudice of the inhabitants of the
colony generally

(5) Does not come within the classes of persons generally excluded by the
ordinance.

Visitors' passes are valid for 6 months and may be renewed for two periods
of the same duration.

(o) Temporary employment pass. — A temporary employment pass is applied
for by the prospective employer who states the nature of employment offered,
gives guaranties as to support of the employee, describes the qualiflcations of
the employee and the emoluments offered. The employee is subject to the general
provisions of the ordinance.

The application for a temporary employment pass is made to the Immigration
Office which then consults with the Department of Labor to determine that the
interests of the local population generally would not be prejudiced by issuance
of the pass, that the prospective employee is in fact qualified, and that there
is not already unemployment in the trade, skill, or calling involved.

The employer undertakes that the employee will be engaged in the employment
unless or until the principal officer gives permission for the employee to leave
or to work for another employer.

A temporary employment pass is valid for 4 years. (The 4-year period is to
enable the immigration authorities to send the employee out of the territory in
case unemployment in the pertinent trade occurs. If the employee could remain
5 years, he would then become a legal resident and the authorities would not
have power so to regulate the labor market.)

A temporary employment pass can include dependents (wife and children
under 18) if the employee can show means of supporting them and that adequate
housing is available.

(d) Entry permit. —

(Note. — Usual practice for prospective immigrants is to obtain a visitor's pass,
enter the territory and then apply in the territory for the entry permit which
enables permanent immigrant status.)

Entry permits are issued by the principal immigration officer after being as-
sured that the applicant comes within the purview of the ordinance and after
receiving a certificate of acceptance from the Immigration Control Board (See
par. I (2)).



COMMISSION ON IMMIGRATION AND NATURALIZATION 1919

Entry pormits are issued to the following classes with the (iualifications noted : '
Class A —

(1) A permanent resident.

(2) A resident of one of the other East African territories or the child
of such (residency being at the time of the coming into operation of this
ordinance.)

(3) A person in the service of the Colonial Government, East Africa High
Commission or the Kenya and Uganda Kail ways and Harbours Adminis-
tration.

Class B — Agriculturalist or animal husbandryman who has certified that he
has —

(1) acqniied or can acquire land of suitable area for his business.

(2) at his disposal sum of £2,000 or lesser amount as determined by
prescribed authority.

Class C — Prospector or miner who has certified that he has —



Online LibraryUnited States. President's Commission on ImmigratiHearings → online text (page 13 of 35)