Domicile Applications

Hi Lucille,
                 Are you a Namibian Citizen?

If so, then by marriage your husband has the right to live and work in Namibia and is classed a domiciled under the Namibian Constitution. There are no papers required for domicile, no passport stamp, nothing other than your marriage certificate and your Namibian ID proving your citizenship.

I am domiciled through marriage and have been living and working in Namibia for 8 years. The Certificate of Identity that people talk about is not necessary and is also no longer free, it costs N$1500 for 2 years.

Regards,

Mike

Hi Mike

Thank you for the information. I'm Namibian and my husband and I have been married for 14 years.

He got a job offering but the employer has queries regarding his domicile in Namibia. They want papers even though we told them it is not required.

Is there a way ine can get a letter from Home Affairs.

Thanks
Lucille

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.”

The previous post was an official letter written some time ago that people used to carry to cross the border as the border guards didn't understand the rules correctly. My advice would be to apply for the Certificate of Identity, get the documents together and make the application at the Ministry. Then once the documents are sent, they will give you a stamped document stating you have applied for the Certificate. This should be sufficient if they demand written confirmation of status.

Alternatively apply for permanent residence based on 14 years in Namibia, as long as there is proof that an application has been made, it should be sufficient.

See if you can read this thread.

https://www.expat.com/forum/viewtopic.p … 69#4087524

@lucillemiglietti  you are required to apply for domicile certificate at home affairs. Check home office requirements.