Questions over fraudulent documents and marriages of convenience have been raised following the introduction of certificates of domicile for foreign nationals married to Namibian citizens.
Lawyers say the new system needs proper checks to ensure people do not use fake documents or enter marriages mainly to obtain legal status in Namibia.
The Ministry of Home Affairs, Immigration, Safety and Security started issuing the certificates yesterday.
Lawyer Nafimane Halweendo has welcomed the introduction of domicile certificates for foreign nationals married in good faith to Namibian citizens.
“Love is hard to find and if you can only find it in a foreigner and it is genuine, then definitely yes,” Halweendo says.
Halweendo says the system is appropriate for genuine marriages between Namibians and foreign nationals, but questions remain over people who may marry to secure legal status in Namibia.
“The question is whether they are doing it for love or just doing it to get [legal status],” he says.
Halweendo says concerns have previously been raised about vulnerable Namibians who could be exploited through marriages entered into for immigration purposes.
He says there have been calls for stronger legal provisions to protect vulnerable people in such cases.
According to Halweendo, some countries allow authorities to revoke a person’s status under certain circumstances.
“Our law doesn’t make that provision. The moment [a person qualifies] for domicile, that’s the end of the matter,” he says.
APPLICATION REQUIREMENTS
The new system replaces certificates of identity previously issued to foreign spouses of Namibian citizens under section 38 of the Immigration Control Act.
“The certificate of domicile serves as proof that the holder is domiciled in Namibia by virtue of a marriage in good faith to a Namibian citizen,” home affairs executive director Nghidinua Daniel says.
Applicants must submit an application form, affidavits from both spouses, passport-size photographs, identification documents, a marriage certificate and police clearance certificates.
They must also provide proof of their residence status at the time of marriage and proof that they live in Namibia.
Daniel says immigration officials may interview couples to verify their information and assess the authenticity of the marriage.
Marriages not recorded in the Marriage Register must first be registered. Approved applicants must pay N$1 600 for the certificate.
He says existing confirmation letters of domicile remain valid until further notice, although holders are encouraged to apply for the new certificate.
Daniel says dependent children do not qualify for the certificate and must continue using the existing documentation process.
CIVIC RECORDS CHALLENGES
Lawyer Milton Engelbrecht says the application of Namibia’s immigration laws relating to foreign nationals married to Namibian citizens has not always been consistent.
“My experience for the last 15 years [is that] the application of the law, when it comes to that particular point, was not consistent,” he says.
Engelbrecht, who has dealt with such cases for about 15 years, says questions remain over whether the new system will address fraudulent documents and differences between documents held by individuals and information available to immigration authorities.
Engelbrecht says he is representing clients in cases involving domicile documentation and some cases involve people who produced domicile documents after being detained.
“The challenge was whether or not the documents that they provided in order to obtain domicile were fraudulent,” he says.
Engelbrecht says another challenge arises after foreign nationals are arrested, particularly in dealings between immigration officials, police officers and lawyers representing them.
He says the new system should also be considered in terms of whether it can improve verification and reduce opportunities for fraud or corruption.
Independent Patriots for Change leader in parliament and home affairs shadow minister Imms Nashinge says the new system could make life easier for families with a Namibian and foreign spouse.
However, Nashinge says safeguards are needed to prevent abuse of the system.
“[There should be] no backdoor access to abuse the system. The system should stick to what it is without violating the laws that are established,” he says.
