IAN COFFEE
The recent High Court matter involving seven employees of Brilliant Star Diamonds Namibia has sparked considerable discussion about immigration compliance and work authorisation in Namibia.
Much of the public attention has focused on the legality of the detention of the individuals involved. Yet another equally important question sits beneath the surface.
Can a foreign national be lawfully present in Namibia while still not being legally allowed to work? The answer is yes.
According to the court papers, some of the individuals held valid employment permits, while others were relying on visitors’ entry permits as employment permit renewals, reconsiderations, or appeals remained pending.
That distinction is central to understanding why this case matters far beyond the issues that were placed before the court.
The law draws a clear line between being allowed to stay in Namibia and being allowed to work in Namibia. Many people do not realise that these are two separate legal concepts.
Under Namibian immigration law, foreign nationals may not lawfully work unless they hold valid work authorisation.
Restrictions exist on foreigners entering employment, conducting business, practising a profession, or engaging in an occupation without the required permit.
This requirement is often misunderstood.
A common belief is that once a renewal application has been submitted, employment may continue until the authorities make a decision.
However, an application is not the same thing as an approved permit. A renewal application is not a permit. An appeal is not a permit. A reconsideration request is not a permit.
The legal requirement remains unchanged. A foreign national must hold valid work authorization in order to lawfully perform work in Namibia.
One of the most important aspects of the Brilliant Star matter is the acknowledgment that some individuals were in possession of Visitors Entry Permits while employment related processes remained unresolved. This is where confusion frequently arises.
A Visitors Entry Permit allows a foreign national to be present in Namibia for specific temporary purposes. These may include tourism, family visits, attending meetings, or exploring business opportunities.It is not a document that authorises employment.
As a result, a person may be legally present in the country while simultaneously lacking the legal authority to work. That distinction may seem technical, but it can carry serious consequences.
An individual who performs work while holding only visitor status may find themselves in conflict with immigration legislation, even if their entry into Namibia was lawful and their visitor status remains valid.
At the same time, the situation facing many foreign nationals in 2026 cannot be ignored.
Employers, professionals, skilled workers, and investors have all experienced significant delays in immigration processing.
Many applicants have submitted renewal applications on time, paid the required fees, provided supporting documents, complied with every stated requirement, and then simply waited for a decision.
The problem emerges when the existing permit expires before that decision arrives. A person may have done everything expected of them.
They may have acted responsibly and followed every procedure available to them. Yet they can still find themselves facing uncertainty because an administrative process remains incomplete.
The position becomes even more difficult when a renewal application is refused.Many individuals respond by lodging appeals, requesting reconsideration, or submitting further information for review.
Understandably, they hope these processes will preserve their ability to continue working while waiting for an outcome.
Unfortunately, the existence of an appeal or reconsideration process does not automatically revive or extend an expired permit.
If the original work authorisation has expired and no new authorisation has been granted, the foreign national may find themselves without legal authority to continue working while the matter remains under consideration. For those affected, the consequences can be substantial.
Some individuals may need to stop working altogether. Others may face the possibility of leaving Namibia while awaiting a final decision.
This can lead to flight expenses, temporary accommodation costs in another country, disruption to employment arrangements, separation from family members, interruption of business activities, and additional legal or administrative expenses.
In certain cases, the financial impact can amount to tens of thousands of Namibian dollars. These costs often arise not because an applicant failed to comply with the law, but because a renewal was not finalized before the previous permit expired. This is why immigration processing times matter.
Real people and real businesses are affected when decisions take longer than the validity period of existing permits.
My question is “What do we offer individuals bringing their skills and investments to Namibia, that have been negatively affected by delays from our governmental institutions?”
Businesses depend on continuity. Workers need certainty about their ability to remain employed. Families need stability when planning their lives. Predictable outcomes are important because immigration decisions often affect far more than the individual applicant.
*Ian Coffee is chief operations officer at Envoy Global Immigration Namibia
