The Immigration Bill was presented to parliament this week, and its main aim was to consolidate and strengthen the law regarding the entry and stay of non-citizens on Mauritian territory. Here's what his new law means for expats.
While foreign investment and granting of resident permits are among measures announced in the 2022-2023 budget, Mauritian authorities seem to also want to have better control over the entry of foreign citizens into the country, especially through marriage. The Immigration Bill, therefore, seeks to prevent sham marriages, that is, instances where non-citizens marry citizens for the sole purpose of obtaining a residence permit in Mauritius.
Residence permit after two years of civil marriage
Marriages of Mauritians with foreign citizens will be under scrutiny as soon as this law becomes effective. First of all, marrying a Mauritian citizen will no longer automatically entitle the couple to a residence permit. Under the new law, the couple will have to have been married for two years for the foreign spouse to be entitled to a temporary residence permit. He or she will only be eligible for a residence permit after this two-year period.
The new law will also allow the immigration department to investigate whether or not the marriage is real. The non-resident will only be eligible for a residence permit after the inquiry and if the authorities have concluded that the marriage is not a scam.
Also, instead of 10 days, a marriage between a foreigner and a Mauritian can now only be celebrated 30 days after the publication of the banns of marriage.
Getting married outside Mauritius
Suppose the marriage takes place outside the Mauritian territory. In that case, the foreign spouse will not be entitled to a temporary residence permit unless they produce a marriage certificate from the civil registry of their home country proving that they are civilly married. The foreign spouse will also have to swear an affidavit before a court of the same country stating that at the time of their marriage to a Mauritian national, they were not already married. If an application for a permit has been rejected and the foreigner marries a Mauritian outside Mauritius, a new application for a residence permit will only be considered under exceptional circumstances.
The Mauritius Citizenship Act will also be amended to allow a foreigner married to a Mauritian woman who has obtained a residence permit to apply for Mauritian citizenship after four years of marriage.
For these to be effective, amendments are required to other laws, including the Civil Status Act, the Non-Citizens (Employment Restriction) Act, the Non-Citizens (Property Restriction) Act, the Non-Citizens (Employment Restriction) Act, the Non-Citizens (Property Restriction) Act, the Economic Development Board Act, and the Passports Act in order for the new protocols to be in place.
Other resident permits
Not much is changing, however, for those already in possession of their resident permits. Foreigners can also acquire a residential property for at least $ 350, 000. Anyone acquiring residential property under the condominium system will be able to access the resident status if the investment is above $ 375 000. Young foreign students who have done their undergraduate in a university recognized by Mauritian authorities can ask for a young professional occupational permit. The law remains unchanged for foreign retirees.
