Advocate Richard Metcalfe says foreign nationals married in good faith to Namibian citizens do not lose their domicile status simply because they do not have the new certificate of domicile.
The Ministry of Home Affairs, Immigration, Safety and Security started issuing certificates of domicile on Monday to foreign nationals married to Namibian citizens.
The certificate serves as proof that a foreign spouse is domiciled in Namibia through a marriage entered into in good faith.
Metcalfe, however, says domicile already arises from a genuine marriage and does not depend on the certificate.
“Domicile is an automatic legal right. A foreign national who enters into a bona fide marriage with a Namibian citizen automatically acquires a domicile by operation of law,” he says.
He says Namibian courts have repeatedly dealt with domicile disputes involving foreign spouses and have recognised residency rights arising from genuine marriages to Namibian citizens.
Metcalfe says the certificate should, therefore, only serve as proof of an existing status.
“Certificates do not and cannot grant status. Any certificate issued by home affairs cannot, in law, confer domicile. The certificate is only proof of an existing legal status,” Metcalfe says.
He adds that foreign spouses who already live in Namibia and remain married in good faith to Namibian citizens should not lose their status because they do not have the new certificate.
The new system replaces certificates of identity previously issued to foreign spouses under section 38 of the Immigration Control Act.
Applicants must submit affidavits from both spouses, a marriage certificate, identification documents, police clearance certificates and proof that they live in Namibia.
Applicants and their spouses may also be called for interviews with immigration officials to determine whether their marriage is genuine.
Metcalfe questions the need for another verification process, saying foreign nationals already undergo checks when marrying Namibian citizens.
“I really don’t see where we are going with this,” he says, adding that the process should be kept simple.
“Before, if you went through a border post and you just showed your marriage certificate showing that you were married to a Namibian, that was it. I really, really fail to understand this new measure,” Metcalfe says.
Metcalfe also questions the N$1 600 fee applicants must pay once their applications are approved.
“It certainly isn’t on and whoever compiled this hasn’t thought of it very well,” says Metcalfe.
