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Apply for domicile (need advices)

Hi everyone! I just came across this question and I am currently very confused!
I am a South African woman that has been married to a Namibian citizen for nearly 5 years. We decided to move to Namibia last year when my husband received a job offer. My husband relocated in January and myself and our son joined him in April.

We went to the department of home affairs to apply for domicile, but were given a whole lot of forms to fill out. I went back to S.A to apply for my police clearance certificate and upon re-entry I was only granted 30 days in the country, being told that it is not my right to get the full 90 days a year.

It has been a nightmare to find out exactly how to and what is needed for me to get my domicile certificate. As I understood from various articles on the internet, I do not need to apply for any special papers to be in the country legally as I am married to a Namibian citizen. When I spoke to a lawyer she mentioned that the paper I need can be printed immediately at home affairs - I am very confused and we would really appreciate assistance on the matter, as this is causing me a lot of tension.

If you could please help with any solid advice because it seems to be impossible to get anything done without legal assistance. We are currently fearing that all our savings will be spent on lawyer fees for something that really should not be so difficult.

As you can imagine it is extremely urgent as I have only 26 days left on my visa.

thank you in advance for your help!
Luzaan

Hello Luzaan.

Welcome to Expat.com! :)

A new thread has been created from your message on the Namibia forum for more visibility.

Thank you,
Aurélie

Contact Adi at loki[at]mweb.com.na she works with domicile every day and will be able to advise you.

Drury Parrell
Cell Phone: 264 [0] 81 127 9024
E-mail:         loki58627[at]gmail.com

- was at :ome Affairs again today to aplly for another multiple re-entry visa. I spoke to the lady that deals with Domicile and she is currently working on applications from July 2012 and I sshould check back in a month! I suggest u complete the domicile and apply for a multiple re entry visa.

Hi Luzaan
We were exactly in the same boat 2 weeks ago, but we worked through Intergate Namibia Immigration practitioners, Walvis Bay, tel 064-206934, and things are sorted out for us. I am a Namibian citizen, and we moved here beginning of June from SA. My wife is a SA citizen. Here are the facts according to the above mentioned professionals :
1. When you are married to a Namibian citizen, you are LEGALLY in the country BUT you must at all times carry with you - your SA passport, a certified copy of your marriage certificate and a certified copy of your husband's Namibian ID.There is no time limit involved.
2.You must, as soon as possible, apply for your "letter of identification" (which can take up to 3 years). This you can do at any immigration company like the above mentioned one. The cost is about R 2500 which includes for example the police clearance from SA. They do everything !!!!

Hope this helped.

Hi, I found out ALL the information from the Ombud in Namibia, please send me your email address and I will send you their response.

We are also moving to Namibia in September, I am a Namibian Citizen and was in EXACTLY the same situation as you are! EVERYTHING I read was so confusing as there was not 1 proper answer!

This gave me peace of mind!

When you enter Namibia now for the 1st time, you and your wife enter as visitors – so you get your SA passport stamped at the border and you ask for 3 months.
-    While you are in South Africa you must already now apply for your South African police clearance.
-    When you are here, you must drive to Swakopmund/ or you can perhaps do it in Henties Bay – apply for your Namibian police clearance. 
-    As soon as you have all these things, you approach the home affairs office in Swakopmund/or you can come to Windhoek, and hand in your application for a certificate of Identity – see attached letter.  Again, you do not have to have paperwork but it just makes things so much easier.  You will have to renew your certificate of identity every two years (and sometimes every year – depending on the Minister’s decision

21 February 2013
To whom it may concern:
DOMICILE IN NAMIBIA OF PERSONS MARRIED TO NAMIBIANS
According to the interpretation of this office, the following law is recognized as applicable in Namibia in the Namibian courts with regard to persons domiciled in Namibia:
A foreign national who is lawfully and in good faith married to a Namibian citizen need not be in possession of any sort of permit to lawfully work, study, reside or travel in/into Namibia. The foreign spouse will be domiciled in Namibia by reason of his/her marriage to a Namibian. This is set out as follows in our law and case law:
i. Section 22(1)(c) of the Immigration Control Act, Act 7 of 1993 provides that a person shall have domicile in Namibia and is ordinarily resident in Namibia by virtue of a marriage entered into with a Namibian citizen in good faith as contemplated in Article 4 (3) of the Namibian Constitution.
ii. Section 2(1)(b) of the Immigration Control Act provides that the provisions of obtaining employment permits or residence permit in order to lawfully reside or work in Namibia does not apply to persons who are domiciled in Namibia. Persons so domiciled do therefore not need to apply for any residence, work or study permits to do any of those lawfully in Namibia. They are further allowed to enter and reside in Namibia without obtaining any additional documentation.
12-0/0026
iii. In Swart v Minister of Home Affairs 1998 (3) SA 338 (NmHC) the High Court expressed themselves in that for a person to acquire domicile, he/she is not required to perform any positive act.
iv. In Sandra Miller and Michelle Paschke v The Law Society of Namibia – Case numbers A85/2001 and A88/2001 delivered on 9 April 2001, the above interpretation was confirmed by the High Court of Namibia and they even went further and interpreted the applicable law to say that there is no duty on the spouse to do anything to receive this status, therefore confirming the decision in Swart (supra)
v. Both the above decisions were confirmed in The Government of the Republic of Namibian v Ngeve Raphael Sikunda (Case SA 5/2001 – judgment delivered on 21 February 2002)
vi. In the matter of Clifford Warden and 5 others v The Chief of Immigration and others, case number A288/2010 the Honourable Minister of Home Affairs and Immigration conceded in an affidavit filed in the above case that “ persons domiciled in Namibian in accordance with section 22(1)(c) of the Act, Act 7 of 1993 (hereinafter referred to as “the Act”), do not require permanent residence permits, employment permits, student’s permits and visitors’ entry permits in terms of section 2(1)(b), and that the same applies to spouses or dependent children of persons who are so domiciled in Namibia.”

Pls send me the info too. Vanwykamelia[at]gmail.com

Morning, I recently came across the blogs below asking about Domicile within Namibia and the hassles expats where having.

Allow me to introduce myself, my name is Clifford Warden and yes I was the individual that took this matter to High Court. Before I continue I would like to clearly state that I am not a lawyer nor do I confess to being the authority regarding expat procedures related to Namibia. I have however an individual who spent an enormous a amount of time and money to study and clarify the legal position of expats (domiciled) within Namibia.

Liebschten, has probably the most correct response that I have seen to date on the matter. Barring the first paragraph relating to the certificate of Identity, the statement is correct however there is no legal requirement for a domiciled individual to have said document but this does aid Ministry of Home Affairs (MOH)in identifying you as having the legal right to be within the country.

If you are traveling into or out of Namibia make sure you have a valid passport, certified copy of your wedding certificate and a certified copy of your spouses passport also I travel with a copy of the High Court order as a back should it become necessary to refresh MOH employee's memories on the legal standing of individuals who are legally domiciled.

I would like to issue a note of caution, although the law is very clear regarding your rights as a domiciled individual the individuals who deal with the applications and those at the border controls need not be as versed with regards to the law. I unfortunately experienced this heading down to Cape Town hence the reason I keep a copy of the Court Order with my travel documentation.

Hello Clifford Warden.

Welcome to Expat.com :)

Thanks.

Karen :)

[Moderated: pls send the details via a pm]

Hi Liebschten

could you please send me the reply from the Ombud regarding domicile in Namibia.


vspangehl[at]gmail.com

Thanks

Hi Liebschten

Also looking for this info from the Ombudsman's office, can you e-mail it to me at skalipi[at]mtc.com.na

Hi skalipi,

Please note that you posted on a quite old thread here.
Maybe you will receive more responses if you can create a new thread with your questions on the Namibia forum. :)

Thank you,

Priscilla  :cheers:

Dear Liebschten
Could you please send me the necessary paperwork for applying for domicile in Namibia. Im currently married to an Namibian and would like to apply for the certificate of identification. Would really appreciate if you could forward it to me at fallen101.ab[at]gmail.com

Kind Regards
Arie

I applied for this stupid Certificate of Identity in October 2013 after 6 trips to the Immigration Office in Walvis Bay.

Every trip was met with a new form and and additional task, including x-rays and medical, (which turned out to be not needed after spending N$1000).

Here we are now on God's Earth, and I still have no certificate. I have been married to a Namibian Citizen for 5 years, I work in Walvis Bay, and the only hassle we seem to get is from the Affirmative Action Committee, (while I do agree with it's policy of Namibians should be considered first, not all the skills required are abundant in Namibia, hence the understudy training clause of the Affirmative Action.)

Every time I telephone the Immigration office and speak to the people in charge of domicile, I get the response, "it will be looked at next month". I have since stopped bothering to phone them.

Anyone else had this same problem?

This page gives a lot of information thank you
I just need to find out something else as well even though you are married and stay in Namibia now do you still need a work permit or Domicile to apply or work in the country?
Can any one help as i have been filling out forms for passport ID perm Residence and citizenship as not one of Home Affairs personnel here can assist me with the correct details.

Regards
Jeanne

According to the interpretation of the following law, which is recognized as applicable in Namibia in the Namibian courts with regard to persons domiciled in Namibia:
“A foreign national who is lawfully and in good faith married to a Namibian citizen need not be in possession of any sort of permit to lawfully work, study, reside or travel in/into Namibia. The foreign spouse will be domiciled in Namibia by reason of his/her marriage to a Namibian. This is set out as follows in our law and case law:
i. Section 22(1)(c) of the Immigration Control Act, Act 7 of 1993 provides that a person shall have domicile in Namibia and is ordinarily resident in Namibia by virtue of a marriage entered into with a Namibian citizen in good faith as contemplated in Article 4 (3) of the Namibian Constitution.

ii. Section 2(1)(b) of the Immigration Control Act provides that the provisions of obtaining employment permits or residence permit in order to lawfully reside or work in Namibia does not apply to persons who are domiciled in Namibia. Persons so domiciled do therefore not need to apply for any residence, work or study permits to do any of those lawfully in Namibia. They are further allowed to enter and reside in Namibia without obtaining any additional documentation.
12-0/0026

iii. In Swart v Minister of Home Affairs 1998 (3) SA 338 (NmHC) the High Court expressed themselves in that for a person to acquire domicile, he/she is not required to perform any positive act.

iv. In Sandra Miller and Michelle Paschke v The Law Society of Namibia – Case numbers A85/2001 and A88/2001 delivered on 9 April 2001, the above interpretation was confirmed by the High Court of Namibia and they even went further and interpreted the applicable law to say that there is no duty on the spouse to do anything to receive this status, therefore confirming the decision in Swart (supra)

v. Both the above decisions were confirmed in The Government of the Republic of Namibian v Ngeve Raphael Sikunda (Case SA 5/2001 – judgment delivered on 21 February 2002)

vi. In the matter of Clifford Warden and 5 others v The Chief of Immigration and others, case number A288/2010 the Honorable Minister of Home Affairs and Immigration conceded in an affidavit filed in the above case that “ persons domiciled in Namibian in accordance with section 22(1)(c) of the Act, Act 7 of 1993 (hereinafter referred to as “the Act”), do not require permanent residence permits, employment permits, student’s permits and visitors’ entry permits in terms of section 2(1)(b), and that the same applies to spouses or dependent children of persons who are so domiciled in Namibia.”

I work for a company in Walvis Bay, and have not needed any work permit or Visa due to my marriage to a Namibian.

What you do need though, is a copy of what I've just posted, in a letter format, addressed to any prospective employer in order for them to comply with Namibia's Affirmative Action Policy.

This is only until a Certificate of Identity can be issued by the slowest Government Department in history....

An update on the Certificate of Identity situation.

I recieved my Certificate in Walvis Bay Immigration office on the 15th September 2014. They recieved my certificate from Windhoek on Thursday 11th September.

My Certificate was signed and dated 12th March 2014, with an Expiry date of 12th March 2015 !!!!!

They have held the certificate for 6 months passing me from pillar to post, when all this time it has been signed and approved.... imbeciles

This means that the whole crappy process has to be done again, with an appalling 6 month wait inbetween.....

Absolutely f*cking fuming about this....

Dear Liebschten

Could you please send me the necessary paperwork for applying for domicile in Namibia. Im currently married to an Namibian and would like to apply for the certificate of identification for myself and my 2 children. If you could forward it to bonita7805[at]gmail.com

Many Thanks

Bonita

Hi Bonita,
                 This is best done when you are actually in Namibia as the document tends to change depending on who you speak to. I had to travel to Walvis 6 times before I got the right documentation in.

As Liebschten points out, when you cross the border into Namibia, make sure you have 3 months visit stamped in your passports.

As for your children, they can become Namibian Citizens by Descent based on your husband's nationality, they will then not need any Certificate of Identity.

What most people don't realise is that Domicile is granted by the Namibian Constitution to anyone married in good faith to a Namibian citizen. This gives you the right to employment almost immediately, however, it is advisable to get your Certificate applied for as soon as you enter the country. You will recieve a reciept acknowledging the fact you have applied, which does show potential employers 'proof' of your stauts.

Mike

Hi Mike,

Thank you , you have already been a great help.


Regards

Very nice post.
Could you post a copy of the High Court Order you carry around?
Many thanks!

Hi there, i just wanted to know should the marriage take place in Namibia for one to acquire the Namibian spouses (me) domicile? because my husband wants us to get married in South Africa.

I just want him to get my domicile should we decide to leave South Africa.


I would appreciate your kind response


Chioma

If this helps you in any way, My Namibian wife and I were married in the United Kingdom of Great Britain in 2009.

We lived there until 2013, when we decided to emigrate back to Namibia. The proof for the Certificate of Identity requires you to prove you are married in good faith to a Namibian citizen and can prove you co-habit a residence.

As long as your husband is a Namibian Citizen, then there should be no problem.

As Clifford points out earlier in this post, you do not actually need the Certificate of Identity, it's the government's way of keeping track of foreign nationals in Namibia, it is however, getting increasingly more difficult to obtain services without one, such as Bank Accounts, Financing etc...

Mike

Hi,Me and my wife are planning to move to Namibia the end of this year "2015" .She has Namibian citezenship but i don't.

We are planning to go up to Swakopmund in September to get all the paperwork in place.What do i need to get permanent residence in Namibia or do i already have it because i am married to a Namibian.

Do i apply for domicile and what paperwork do i need to apply for it?

I don't want to go all the way to Namibia to apply for domicile and then they send me back to get something i need and don't have with me at the time.

Andries

Hi Andries,

You will not need any documentation from your present country of residence other than a police clearance certificate or similar proof of goodstanding, it must be certified by a police authority. Everything else you will need to do here in Namibia.

The list of requirements changes almost weekly. I ventured to Walvis Bay 6 times, and each time I needed something different.

Yes you are automatically granted Domicile through marriage to a Namibian Citizen, however, you will need to provide evidence that it is not a 'marriage of convenience'. You will both be required to make sworn statements at a Namibian Police Station, as well as have every document you possess certified before sending them off.

Domicile is granted under the Namibian Constitution, and therefore, you do not need a work permit for Namibia, you will though, need proof of applying for a Certificate of Identity, (domicile). The Certificate is not a legal requirement, but it is needed for proof of the abilitiy to work and reside here, open a bank account, or any other official reason they haven't yet thought of.

My advice is to give them as much information as possible, and make sure you ask for a receipt when the documents are sent off as it takes at least 6 months to get the certificate. I re-applied in January 2015 and was told last week it will be sent on 6th August 2015. Whilst your documents remain with the Ministry, you can carry on life as normal, the reciept is your proof you've applied.

Good luck...

Good evening my husband is a namibian I am from SA. Both my children are now also namibian the agent that do our paper work did apply for my domeceil on the 3/3/2015 this was in windhoek my visa for the second time did exspired on. 28/08/2015 the agent said that it is not nessary to apply for another visa on my passport. She said because I got the domicile receipt. I am affraid that I can get problems my hubby and I are married for 20 years we did lift in SA and is nou here me and kids for nearly 6 month my hobby for a year.  Now I wonder how long will it take to received my domicile. On the receipt stand 180 day

Karien

Dear Liebschten

I realise this post was a long time ago, but I hope you can still help.

Could you please e-mail the Ombud/High court letter and necessary information to me regarding domicile in Namibia that you offered to forward to interested members?

I've been waiting more than 18 months just to get Namibian police clearance and am scared that I get into trouble at the border since my work permit has expired in the meantime, however I am married to a Namibian. Thanx a million!

*

Moderated by kenjee last year
Reason : Share contact infos only in private please.

Good day.

I know it now a few years on since the post went up. I would like to be send the same informaion please.
**

Moderated by kenjee last year
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We invite you to read the forum code of conduct

Good day I also would like to have the information about the ontbutsman . My email is ***

Thanks

Moderated by Priscilla last year
Reason : do not post personal contact details here for your own security
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