Government Moves to Modernise Immigration Law

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Mariental: The Ministry of Home Affairs, Immigration, Safety and Security has announced a new initiative to update Namibia's immigration framework through the proposed Migration Control Bill. This bill aims to address emerging migration trends, enhance border management, and introduce new permit categories.

According to Namibia Press Agency, Director of Immigration and Border Control, Danelie |Naris, shared insights during a stakeholder consultation meeting on the draft bill in Mariental. |Naris noted that Namibia's Immigration Control Act of 1993 has remained unchanged for 33 years, despite significant shifts in migration patterns and border management practices.

|Naris highlighted that migration has evolved to encompass various aspects such as labour, health, social, and investment-related migration, thereby necessitating a more comprehensive legal framework. She emphasized the need to address loopholes in the current Act due to the changing migration dynamics over the years.

The proposed amendments include introducing an investor's permit specifically for foreign investors, who currently apply for employment permits despite not being employees. Additionally, the bill suggests a rare skills permit, allowing the minister to identify specialized skills that can be imported to support national development while safeguarding opportunities for Namibians.

Another significant proposal is the introduction of a spouse permit for foreign nationals married to Namibians. This permit would be valid for five years, with the option to renew and subject to revocation under certain conditions.

To enhance national security, the draft legislation proposes implementing Advanced Passenger Information and Passenger Name Record systems. These systems would enable authorities to screen travelers before they board transport destined for Namibia, allowing for the identification and refusal of inadmissible travelers before their arrival.

The bill also introduces special permit categories for workers who may not qualify for standard employment permits, including certain domestic and charcoal industry workers.

During the consultation, stakeholders expressed concerns about the frequency of immigration inspections to verify foreign nationals' documents, particularly at lodges and workplaces. Questions were also raised about residency obtained through marriage after divorce, provisions for foreign pastors officiating marriages in Namibia, and processes governing divorce and remarriage involving foreign nationals.

|Naris urged participants to submit additional comments and recommendations before the following week, emphasizing that the ministry remains receptive to public input before the bill progresses through further legal review. She stated that the consultation process is crucial for creating a law that protects Namibians while accommodating other nationals lawfully residing in the country.