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Residence Permit: doubts and news

for our english speaking user.

Re: Residence Permit: doubts and news

Beitragvon mempep » Mo Jan 31, 2011 3:37

Matt
Immigration Act

5 Persons who are residents of Mauritius

(1) Subject to section 6, any person, not being a citizen, shall have the status of a resident for the purposes of this act where -

(a) in the case of a Commonwealth citizen, he has, before 14 December 1968, been ordinarily resident in Mauritius continuously for a period of 7 years or more and since the completion of that period of residence has not been ordinarily resident continuously for a period of 7 years or more, in any other country;

(b) in the case of an alien, he has, before 10 December 1966, been ordinarily resident in Mauritius continuously for a period of 7 years or more and has since the completion of that period of residence not been absent from Mauritius for a period of 3 years or more;

(c) he is the spouse of a citizen;

(d) he is a child, stepchild or lawfully adopted child, under the age of 18, of a person to whom any of paragraphs (a) to (c) applies;

(e) he is a person to whom permission has been granted by the Minister under subsection (2) to become a resident;

(f) he is a holder of a residence permit issued under section 9.


My wife was born in Mauritius, but I know of someone born in England to Mauritian born parents who got citizenship like your wife and her husband (Irish by birth) got his residency about a year ago.

On the Govt website there is a list of documents needed and what needs an Apostile seal (birth certificate & marriage certificate from memory). Residency is handled at Immigration Office on the mezanine floor. There are different permits dealt with on different places.

Unless things have changed residency is an entitlement under legislation. Citizenship I believe you can then apply for once you've "done your time".

This is the link with info http://www.gov.mu/portal/site/dhasite/m ... a/#rpermit

The process for residency certificate takes some months once they have all the info. A morality certiticate that they ask for is a police clearance from your country of birth to show you have no criminal convictions.

mempep
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Re: Residence Permit: doubts and news

Beitragvon ud » Di Feb 01, 2011 18:19

Matt hat geschrieben:If it helps, I`m English born and bred and my wife is English-born to Mauritan parents. Because her parents are both Mauritian, my wife has acquired her Mauritian I.D card, Mauritian passport and a Certificate of Citizenship from the P.M`s office.
However, even though I`m married to her, we went to the P.M`s office in Dec 2010 where I was told that I am not entitled to citizenship, residency or anything. I can only visit Mauritius as a tourist. Therefore, if my wife wanted to move to Mauritius I wouldn`t be allowed to join her. Bit of a shame as we had both hoped to live in Mauritius for a few months of the year when we`re older but we`ve had to knock that idea on the head.

Mempep, you say you have residency by virte of being married to a Mauritian citizen...can I ask you what country you were born in, and is your partner a Mauritian by birth or by virtue of Mauritian parents ?

Cheers


=============================================================================
I think it is strange though reading the stupid rules:

REGISTRATION OF FOREIGN SPOUSES OF MAURITIAN CITIZENS

Under section 7 of the Mauritius Citizenship Act, the foreign spouse of a Mauritian citizen may be registered as a citizen of Mauritius, if he/she has resided with his/her spouse under the same conjugal roof in Mauritius for an aggregate period of four years immediately preceding the date of his application.

Application for registration under section 7 of the Mauritius Citizenship Act, shall be submitted to the Secretary for Home Affairs in the form set out at Appendix IV. The application shall be subscribed in the presence of a Judge or the Master and Registrar of the Supreme Court or a District Magistrate.

The following documents shall be submitted in original and two photocopies, along with the application form:

(a) birth certificate of applicant;

(b) birth certificate of applicant's spouse;

(c) marriage certificate of applicant;

(d) first five pages of applicant's passport;

(e) certificate of foreign nationality of applicant's spouse (if applicable);

(f) residence permit of applicant in Mauritius; and

(g) Morality Certificate issued by the Director of Public Prosecutions;

(h) Birth Certificates of father and father-in-law of applicant

===========================================================================

How the hell can you stay in Mauritius for 4 years for f**k sake if you are not granted permit to stay that period.
I think this time period is cummulative. If you travel as tourists every year and stay for months (6 months visas are granted at the moment), it kind of adds up but it is still stupid. There must be another alternative. I hope someone from the German forums can show the right way.

ud
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Re: Residence Permit: doubts and news

Beitragvon Angel » Di Feb 01, 2011 19:33

Hi, there is a misunderstanding. You got the information how to obtain/register for Mauritian Citizenship. But the first step is (when you want to live with your spouse in Mauritius) to apply for a permanent Residence Permit. You have to produce nearly the same documents (exception: Morality must be from your homecountry etc.). When you got that permanent Residence Permit from the Immigration Office you can stay with your spouse without any problems. After 4 years you can apply for the Mauritian Citizenship if you want or if you see any sense in that (without loosing your present citizenship). That's it :wink)
Angel
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Re: Residence Permit: doubts and news

Beitragvon ud » Di Feb 01, 2011 19:43

Thank you Angel,

it does make sense. More info on this link:

http://www.gov.mu/portal/site/dhasite/menuitem.f1eff99cc15380b6507fe61079b521ca/#rpermit


Application for Residence Permits

The basic information to be submitted when applying for a residence permit:


(i) Name of applicant
(ii) Profession/occupation
(iii) Place and date of birth
(iv) Sex
(v) Marital Status
(vi) Nationality
(vii) Passport No., place of date of issue
(viii) Last place of permanent residence
(ix) Period and purpose of stay
(x) Intended place of residence in Mauritius
(xi) Name of local sponsor, if any
(xii) Two recent passport size photographs of self and accompanying dependents
(xiii) Name and other particulars of dependents, if any, intending to accompany applicant

(ii) Usual conditions attached to grant of residence permit are:
(i) applicant should hold a valid passport
(ii) applicant should possess a return ticket
(iii) applicant should have evidence of sufficient financial means
(iv) applicant is allowed to re-enter his country of origin
(v) the residence permit may be cancelled at any time without any reasons being given



Additional information/documentary evidence to be forwarded along with application for residence permits and conditions attached to grant of permits are as follows:

(a) Employment

(i) Additional Information

Name of local employer
Post in which to be employed in Mauritius
Duration of contract/assignment

(ii) Conditions

- a residence permit is issued to the corresponding period of the Work Permit

- if no work permit is issued, applicant, if already in Mauritius, should leave the country

- the necessary deposits are made.

- The dependents of the expatriates, except for those employed as skilled worker, may be allowed to stay in Mauritius on the strength of the residence and work permits provided documentary evidence of family relationship is produced and verified.

- skilled workers are allowed to take up employment in Mauritius for a maximum period of three years. They may be re-employed only after a period of one year has lapsed since they last left Mauritius.

(b) Spouse of citizens of Mauritius (allowed to stay under section 5(1)(c) of Immigration Act

(i) Additional Information

- Birth Certificate of applicant (duly legalised)

- Marriage certificate (legalised in case marriage took place outside Mauritius)

- Certificate of Morality/casier judiciare

- Divorce decree (where applicable)

- evidence of gainful employment/financial means

(ii) Conditions

- the non-citizen should have adequate financial means to maintain himself and his family, i.e. he may transfer funds from abroad or he should obtain a work permit in case he intends to take up employment in Mauritius.




Obviously the info given to the gentleman was misleading and it's not a surprise with the govenmental bodies supposingly helpdesk to mislead you.


Best of luck

ud
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Re: Residence Permit: doubts and news

Beitragvon Matt » Sa Feb 05, 2011 2:34

mempep, ud, angel...noted your replies thanks. However, I took all the above mentioned documents including the apostile which cost us £100 but the chap in the Government office made it very clear that I am not entitled to stay in Mauritius, I can only visit as a tourist. Perhaps he just didn`t like my face ?
We have a house in Mauritius which my wife was able to purchase many years ago due to her Citizenship / Residency etc but it now looks as if we will have to sell it and cancel our plans to live there in the future. Very sad. I have to say that I cannot make head or tail of Mauritian immigration legislation.
Matt
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Re: Residence Permit: doubts and news

Beitragvon ud » Sa Feb 05, 2011 18:34

Matt,
I'm sorry to hear of the outcome of this. Are you sure you spoke to the right person I mean an experienced one?

SOmetimes the service offered are of really low quality when it comes down to some organisations.

Maybe you could escalate things via a solicitor or something. The rules posted before clearly stipulate the requirements and you should be OK judging from your explanation of your situation.

I can't understand why if you adhere to all the requirements you have been refused a visa grant.

Don't lose hope and keep trying through an organisation or another person - the other person's superior.

There is a complaint system in place and you can appeal against a decision!

I hope your grant goes through.

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Re: Residence Permit: doubts and news

Beitragvon seashore » So Feb 06, 2011 3:00

How difficult is it to obtain citizenship? I'd assume it's a lengthy process that doesn't always pan out. I've often wondered how citizenship works in Mauritius, as I often toy with the idea of living there permanently.
Chris Rogers / Expatriate Insurance Adviser
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Re: Residence Permit: doubts and news

Beitragvon Matt » Mo Feb 07, 2011 19:59

Hi Ud...thanks again for your reply. I`ll probably give it one more go ( this was my 3rd attempt ) but the point the bloke in Government House was making is that even though my wife has full citizenship, residency and passport, the fact that she was born in Britain means that I am not entitled to residency etc.
Like I say, maybe its my ugly face that lets me down .

Thanks anyway for your responses.
Cheers...Matt.
Matt
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Re: Residence Permit: doubts and news

Beitragvon mempep » Sa Feb 12, 2011 4:50

Matt

Why are you going to Govt House? You need to go to Immigration in Lislet Geoffrey St. Go to the mezzanine floor (lift or stairs). From the lift look across to the other end (opposite side to lifts) of the building. Take the first door that opens from the back left corner. It is there that they will process your application, or at least it is there they took it up to 12 months ago.

When I first went, even at Immigration I got sent from pillar to post by people within the dept and building. If you ask downstairs and look foreign they will send you to a floor where they process work visas.

You have residency by virtue of the legislation. The application and letter of residency is a formality and used when you apply for citizenship later. You are not legally obliged to apply and obtain the residency permit. You will not need to sell your house or leave the country (unless you upset someone with influence or break the law).

Once you've applied you can ask for a letter to confirm application which can be used if you leave the country, etc. Expect the application to take 2-3 months, maybe a bit longer.

If you still have problems send me an email. It may take a while for me to respond as I don't check the email account all that regularly.
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Re: Residence Permit: doubts and news

Beitragvon Yuma » Do Mär 31, 2011 18:27

It's intresting...
but...[cry5] it seems that doubts are still there

As far as i know the problem is just the permanent residence permit [black_eye]
i know that the PM's Office is not receiving applications for permanent residence because the guidelines have not been finalised yet
maybe this doesn't concern the application for married persons but only for workers (the annual turnover of investors and self-employed...) so that thay can give you only an occupation permit without option to convert to permanent permit

That's what it seems that the BOI is still saying: permanent residence permit are not given, if you built a business in Mauritius, you'll be sadly hanging on the thread of permit renewals...

Am i wrong or do i lost something? :harry)
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Don't worry, life is as a mirror, it smiles to you if you looks it smiling.. Jim Morrison

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