Mauritius to Amend 2 Immigration Rules Affecting Foreign Marriage Residency Permit Laws

The Mauritian government is set to amend the Immigration Act to resolve administrative “flaws” that have left legally married couples trapped in complex bureaucratic limbo.

Prime Minister Pravind Jugnauth announced in Parliament on Tuesday, 5 May, that legislative changes are currently under review to simplify residency procedures for foreign spouses of Mauritian citizens.

The move comes in response to growing concerns that current documentary requirements are often “impossible” to satisfy.

Legislative “Traps” Under Scrutiny

The issue was brought to the floor during Prime Minister’s Question Time by MMM MP Ludovic Caserne.

The debate highlighted the plight of couples who, despite being legally wed, face significant hurdles in obtaining temporary residence permits—particularly when their marriage was celebrated outside of Mauritius.

Under Section 7 of the Immigration Act, a non-citizen married to a Mauritian is eligible for a permit provided they are legally married and not classified as a “prohibited immigrant.”

However, those married abroad face stringent additional criteria that have proven to be a breaking point for many families.

The Affidavit Obstacle

At the heart of the current crisis is the requirement for an affidavit confirming that the foreign spouse was not involved in any other union at the time of marriage.

“Several couples find themselves faced with documentary requirements that are difficult, if not impossible, to meet,” MP Caserne noted.

The Prime Minister acknowledged that such affidavits are simply unavailable in certain jurisdictions, effectively halting the residency process for law-abiding couples.

Proposed Solutions

In a bid to modernise the system, the Prime Minister’s Office is collaborating with the Attorney General’s Office to draft amendments that will:

• Allow for the acceptance of alternative documentation in place of unattainable affidavits.
• Extend these updated measures to include Rodrigues.
• Correct existing “loopholes” in the administrative framework.

The Prime Minister confirmed that the amending bill is expected to be presented to the National Assembly in the near future.

Source: Defi Media