The Ministry of Home Affairs, Immigration, Safety and Security in Namibia has begun issuing certificates of domicile to foreign nationals married to Namibian citizens. This new system replaces the previous certificates of identity issued under section 38 of the Immigration Control Act. According to home affairs executive director Nghidinua Daniel, the certificate serves as proof that the holder is domiciled in Namibia by virtue of a genuine marriage to a Namibian citizen.
Lawyer Nafimane Halweendo has welcomed the introduction of domicile certificates, stating that it is suitable for genuine marriages between Namibians and foreign nationals. However, he expressed concerns about people who may enter into marriages solely to secure legal status in Namibia. Halweendo emphasized the need for proper checks to prevent the use of fake documents or marriages of convenience. He also highlighted the vulnerability of some Namibians who could be exploited through marriages entered into for immigration purposes.
To obtain the certificate, applicants must submit several documents, including 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. Immigration officials may conduct interviews with couples to verify their information and assess the authenticity of the marriage.
The new system has raised questions about its effectiveness in addressing concerns over fraudulent documents and marriages of convenience. Lawyer Milton Engelbrecht, who has dealt with such cases for about 15 years, noted that the application of Namibia's immigration laws has not always been consistent. He expressed concerns about whether the new system will adequately address these issues.
Existing confirmation letters of domicile remain valid until further notice, although holders are encouraged to apply for the new certificate. Approved applicants must pay N$1 600 for the certificate. Dependent children do not qualify for the certificate and must continue using the existing documentation process. The Ministry of Home Affairs aims to ensure that only genuine marriages are recognized.
Halweendo also pointed out that Namibia's laws do not allow authorities to revoke a person's status under certain circumstances, unlike some other countries. He emphasized the need for stronger legal provisions to protect vulnerable people in such cases. The introduction of domicile certificates is a step towards addressing these concerns, but its effectiveness remains to be seen.
The certificates of domicile are expected to provide a more secure and reliable way to verify the marital status of foreign nationals married to Namibian citizens. However, the success of this new system depends on its implementation and the ability of authorities to detect and prevent fraudulent activities. The Ministry of Home Affairs will need to ensure that the system is fair, efficient, and effective in addressing the concerns of all parties involved.
Key points
- The new system requires applicants to submit several documents and may involve interviews to verify the authenticity of the marriage.
- Concerns have been raised about the potential for fraudulent documents and marriages of convenience.
- The certificates of domicile are expected to provide a more secure and reliable way to verify the marital status of foreign nationals married to Namibian citizens.
