Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698144564492.pdf (Mauritius)
THE IMMIGRATION BILL (No.

XII of 2022) Explanatory Memorandum The main object of this Bill is to consolidate and strengthen the law with regard to the admission, and stay, of non-citizens in Mauritius.

2.

When the Immigration Act was enacted in the year 1970, a limited category of non-citizens could be admitted to, and remain in, Mauritius.
Over the last 50 years since its enactment, the Immigration Act 1970 has been amended at least 20 times to provide, inter alia, for other categories of non- citizens to be admitted to, and remain in, Mauritius, such as investors, retired persons, self-employed persons, professionals and young professionals.
With such major and consequential amendments brought over the years, it has now become necessary to repeal the Immigration Act 1970 and re-enact a more appropriate and simplified legislation with regard to immigration.

3.

The present legislation, as compared to the Immigration Act 1970, makes new provisions to prevent situations where a non-citizen marries a citizen for the sole purpose of obtaining a residence permit to stay in Mauritius.
It is therefore provided that a non-citizen spouse will not outright be eligible for a residence permit.

The marriage between the non-citizen and the citizen will have to be a civil marriage and the non-citizen spouse will, in lieu, obtain a temporary residence permit to stay in Mauritius for a period of 2 years and, after that period, the non-citizen spouse will be eligible to apply for a residence permit.
The Immigration Department will be empowered to investigate into whether the marriage between a non-citizen and a citizen is a marriage of convenience, and if it is established to the satisfaction of the Immigration Department that the marriage is not a marriage of convenience, the non-citizen will obtain a residence permit.

4.
Accordingly, it is being provided that – (a) where the marriage between a non-citizen and a citizen is celebrated outside Mauritius, no application for a temporary residence permit will be entertained unless the non-citizen submits, inter alia – (i) (ii) his marriage certificate certifying that he is civilly married to his citizen spouse; and an affidavit or any other document, duly sworn or affirmed by him before a Court of law in his country of residence, attesting that, on the date of his marriage to the citizen, he is not married to any other person; (b) where an application for marriage between a non-citizen and a citizen has been rejected in Mauritius and, thereafter, the marriage is celebrated outside Mauritius, the non-citizen will, unless in exceptional circumstances, not be issued with a temporary residence permit.
5.

Consequently, to enable other relevant authorities to conduct appropriate checks on non-citizens, the Civil Status Act is being amended to further provide that a marriage between a non-citizen and a citizen will now be celebrated in Mauritius after 30 days of the publication of the marriage, instead of the current 10 days.

6.
6.

In addition, the Mauritius Citizenship Act is being amended to provide that, henceforth, where a non-citizen who is married to a citizen intends to be registered as a citizen of Mauritius, he will, 4 years after having been issued with a residence permit, be eligible to make an application to be registered as a citizen of Mauritius.

7.
7.

Other consequential amendments have been rendered necessary to the Deportation Act, the Economic Development Board Act, the Non-Citizens (Employment Restriction) Act, the Non-Citizens (Property Restriction) Act and the Passports Act, so as to align these enactments with the new legislation.

8.
8.

As regards other permits allowing non-citizens to stay in Mauritius, such as residence permit for a retired non-citizen, permanent residence permit, occupation permit, short-term occupation permit and family occupation permit, the conditions upon which they were granted under the Immigration Act 1970 are being maintained.

9.

Accordingly, with the enactment of the present legislation, the rights of a non-citizen who has acquired the status of resident under the Immigration Act 1970 will be preserved.
P. K. JUGNAUTH Prime Minister, Minister of Defence, Home Affairs and External Communications, Minister for Rodrigues, Outer Islands and Territorial Integrity 08 July 2022 _______________ 2 THE IMMIGRATION BILL (No.

XII of 2022) ARRANGEMENT OF CLAUSES Clause PART I – PRELIMINARY 1.

Short title 2.

3.

Delegation of powers Interpretation Sub-Part III – Deposit or Bank Guarantee, and Written Undertaking 15.

Deposit or bank guarantee 16.


Written undertaking PART II – ADMISSION TO, OR TO REMAIN IN, MAURITIUS Sub-Part IV – Renewal of Permit 17.

Application for renewal of permit 4.

Entitlement on admission to, or to Sub-Part V – Loss of Status of Resident remain in, Mauritius 5.

Restriction on admission to, or to remain in, Mauritius PART III – NON-CITIZEN RESIDENTS OF MAURITIUS Sub-Part I – Status of Resident for Non-Citizen 6.
Status of resident Sub-Part II – Permits to Reside in Mauritius Section A – Temporary residence Permit 7.

Eligibility for temporary residence permit Section B – Residence Permit 8.

Eligibility for residence permit 9.

Residence permit for non-citizen spouse 10.

Residence permit for retired non- citizen Section C – Permanent Residence Permit 11.

Eligibility for permanent residence permit Section D – Occupation Permit 12.

Eligibility for occupation permit Section E – Short-term Occupation Permit 13.
Eligibility for short-term occupation permit Section F – Family Occupation Permit 18.

Deprivation of status of resident 19.

Ceasing to hold status of resident PART IV – VISA HOLDERS 20.

Visa PART V – POWERS OF IMMIGRATION OFFICER 21.

Non-citizen minors admitted to Mauritius 22.

Examination by immigration officer 23.

Powers to refuse admission to Mauritius Inspection 24.

25.

Powers of arrest, detention and investigation PART VI – OBLIGATIONS OF AIRLINES AND SHIPPING LINES 26.
Removal of passengers 27.

Unauthorised disembarkation 28.

Clearance of vessels 29.

Security in respect of crew member 30.

Return passage ticket PART VII – MISCELLANEOUS Identification number of residents 31.

32.

Register of non-citizens 33.

Sharing of information 34.

Period of residence 35.

Lawful custody 36.

Offences 37.

Regulations 38.

Repeal 39.

Consequential amendments 40.

Saving and transitional provisions 14.


Eligibility for family occupation SCHEDULE permit _______________ 3 A BILL To consolidate and strengthen the law with regard to the admission, and stay, of non-citizens in Mauritius ENACTED by the Parliament of Mauritius, as follows – PART I – PRELIMINARY 1.

Short title This Act may be cited as the Immigration Act 2022.

2.
Interpretation In this Act – “admitted to Mauritius” means a person who is authorised by the immigration officer to leave the port of entry; “alien” has the meaning as in the Mauritius Citizenship Act; “airline” – (a) means an entity that provides transport services by air for travelling passengers; and (b) includes an agent of that entity; “citizen” means a person who is a citizen of Mauritius; “Commonwealth citizen” means a citizen of any of the countries specified in the First Schedule to the Mauritius Citizenship Act; “communicable disease” has the same meaning as in the Quarantine Act 2020; “crew member” – (a) means a person who is employed on board, or belongs to the staff of, a vessel; and (b) includes the master of a vessel; “dependent child” means a child, stepchild or lawfully adopted child of a person who is – 4 (a) wholly dependent on the person; (b) unmarried; and (c) not engaged in any gainful activity; “Director-General of Immigration” means a public officer designated as such by the Minister; “EDB” means the Economic Development Board established under the Economic Development Board Act; “family occupation permit” means a permit issued under section 14; “immigration officer” – (a) (b) means the Director-General of Immigration; and includes any other public officer acting under the authority of the Director General of Immigration; “Invest Hotel Scheme” means the Invest Hotel Scheme prescribed under the Economic Development Board Act; “investor” means – (a) (b) a non-citizen registered with EDB; or an association or body of persons, whether corporate or incorporate – (i) the control or management of which is vested in persons who are non-citizens; and (ii) registered with EDB; “marriage of convenience” means a marriage between a non-citizen and a citizen orchestrated for the sole purpose of the non-citizen obtaining a residence permit; “master” means the person in immediate charge, or control, of a vessel; “Mauritian Diaspora Scheme” means the Mauritian Diaspora Scheme prescribed under the Economic
 Development Board Act; “Minister” means the Minister to whom responsibility for the subject of home affairs is assigned; 5 “Ministry” means the Ministry responsible for the subject of home affairs; “next of kin” means, in relation to a person, the parent, grandparent, brother or sister of that person; “non-citizen” means a person who is not a citizen; “non-citizen self-employed” means a non-citizen who is engaged in a professional activity and registered as a self-employed person with EDB; “occupation permit” means a permit issued under section 12; “passenger” – (a) means a person arriving in Mauritius on any vessel; but (b) does not include a crew member; “permanent residence permit” means a permit issued under section 11; “permit” means a temporary residence permit, a residence permit, a permanent residence permit, an occupation permit, a short-term occupation permit or a family occupation permit; “port of entry” includes any place designated as such by the Director- General of Immigration; “professional” means a non-citizen who is employed in Mauritius by virtue of a contract of employment and registered as a professional with EDB; “prohibited immigrant” means a person as described in section 5(1); “Property Development Scheme” means the Property Development Scheme prescribed under the Economic Development Board Act; “public sector agency” has the same meaning as in the Business Registration Act; “residence permit” means a permit issued under section 8; “resident” means a non-citizen who is issued with a permit; “retired non-citizen” means a retired non-citizen registered as such with EDB; “shipping line” – 6 (a) means an entity that provides transport services by sea for travelling passengers; and (b) includes an agent of that entity; “short-term occupation permit” means a permit issued under section 13; “Smart City Scheme” means the Smart City Scheme prescribed under the Economic Development Board Act; “temporary residence permit” means a permit issued under
 section 7; “vessel” – (a) means an aircraft, a ship or other means of travel by air or sea; and (b) includes a boat or craft of any kind; “visa” means an entry permit issued, upon application, by the immigration officer, an overseas representative or such other person or class of persons as the Minister may approve, granting a non-citizen the authority to be admitted to, and remain in, Mauritius, or to transit in Mauritius; “young professional” means a non-citizen who has completed – (a) (b) at least an undergraduate degree in a local tertiary education institution recognised by the Higher Education Commission; or an internationally recognised professional certification, equivalent to at least an undergraduate degree, dispensed by a registered institution in Mauritius, in any field listed in the Schedule.
3.

Delegation of powers The Minister may, for the purposes of this Act, delegate his powers to the supervising officer of the Ministry and to the Director-General of Immigration.

PART II – ADMISSION TO, OR TO REMAIN IN, MAURITIUS 4.
Entitlement on admission to, or to remain in, Mauritius Subject to this Act, a person shall not be admitted to Mauritius, or whilst being in Mauritius, remain in Mauritius, unless – 7 (a) (b) he is a citizen; or he is, in the case of a non-citizen, a resident of Mauritius or the holder of a visa.

5.
Restriction on admission to, or to remain in, Mauritius (1) Notwithstanding this Act but subject to subsection (2), the following non-citizens shall be prohibited immigrants and shall not be admitted to Mauritius, or whilst being in Mauritius, remain there – (a) (b) (c) a person who suffers from an infectious, a contagious or a communicable disease; a person who has been convicted of, or admits having committed, a crime which, if committed in Mauritius, would be punishable by imprisonment for a term of not less than 6 months; a prostitute or a person who lives on the earnings of a prostitute, or a person who is reasonably suspected as coming to Mauritius for any immoral purpose; (d) an habitual beggar or a vagrant; (e) a person who is, or is likely to become, a charge on public funds; (f) a person who is a chronic alcoholic; (g) (h) (i) (j) (k) a person who is a drug addict or is reasonably suspected of engaging in drug trafficking; a person who is engaged, or is reasonably suspected of integrity or in activities prejudicial to the engaging, sovereignty of Mauritius or of any friendly State; a person who is engaged, or is reasonably suspected of engaging, in any subversive activity of any kind directed against, or detrimental to, the security of Mauritius or of any friendly State; a person who is declared to be a suspected international terrorist under the Prevention of Terrorism Act; a person who, from information or advice which in the opinion of the Minister is reliable information or advice, is 8 (l) (m) (n) likely to be undesirable inhabitant of, or a visitor to, Mauritius; a person or class of persons whose presence in Mauritius, from information or advice which in the opinion of the Minister is reliable information or advice, is likely to be prejudicial to the interests of defence, public safety, public order, public morality or public health; a person who is listed by, or under the authority of, the United Nations Security Council pursuant to any of the United Nations Security Council Resolution specified
 in the Second Schedule (Financial Prohibitions, Arms Embargo and Travel Ban) Sanctions Act 2019; the United Nations to any other person who, from information or advice which in the opinion of the Minister is reliable information or advice, is or has been conducting himself in a manner prejudicial to the peace, defence, public safety, public order, public morality, public health, security or good government of Mauritius.
(2) Notwithstanding subsection (1), the Minister may, on such conditions as he may impose, authorise in writing, under his hand or under the hand of a person designated by him, a non-citizen to be admitted to Mauritius, or whilst being in Mauritius, remain there.

PART III – NON-CITIZEN RESIDENTS OF MAURITIUS Sub-Part I – Status of Resident for Non-Citizen 6.
Status of resident A non-citizen shall have the status of resident where he is the holder of a temporary residence permit, a residence permit, a permanent residence permit, an occupation permit, a short-term occupation permit or a family occupation permit.

Sub-Part II – Permits to Reside in Mauritius Section A – Temporary Residence Permit 7.
Eligibility for temporary residence permit (1) Subject to this Act, a non-citizen shall be eligible for a temporary residence permit where he is – 9 (a) (b) civilly married to a citizen and he was not a prohibited immigrant at the time of becoming such a spouse; or a dependent child of a person to whom paragraph (a) applies.

(2) An application for a temporary residence permit shall be made to the Director-General of Immigration in such form and manner as he may approve.
(3) Where, on an application made under subsection (2), the non- citizen – (a) meets, subject to subsection (4) or (5), the requirements of this Act, the Director-General of Immigration may, on such conditions as he may impose, issue the non-citizen with a temporary residence permit; or (b) does not meet the requirements of this Act, the Director- General of Immigration shall reject the application.
(4) Where the marriage between a non-citizen and a citizen is celebrated outside Mauritius, no application for a temporary residence permit shall be entertained unless the non-citizen submits – (a) (b) his marriage certificate certifying that he is civilly married to his citizen spouse; and an affidavit or any other document, duly sworn or affirmed by him before a Court of law in his country of residence, attesting that, on the date of his marriage to the citizen, he is not married to any other person.
(5) Where an application for marriage between a non-citizen and a citizen is rejected under the Civil Status Act and, thereafter, the marriage is celebrated outside Mauritius, the non-citizen shall, unless there are exceptional circumstances, not be issued with a temporary residence permit.

(6) A temporary residence permit shall be valid for a period of 2 years as from the date of issue of the permit.

Section B – Residence Permit 8.
Eligibility for residence permit (1) permit where – Subject to this Act, a non-citizen shall be eligible for a residence 10 (a) (i) 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, he has not been ordinarily resident continuously for a period of 7 years or more in any other country; (ii) he is the dependent child of a person to whom subparagraph (i) applies; (b) (i) been ordinarily in the case of an alien, he has, before 10 December 1966, in Mauritius continuously for a period of 7 years or more and, since the completion of that period of residence, he has not been absent from Mauritius for a period of 3 years or more; resident (ii) he is the dependent child of a person to whom subparagraph (i) applies; (c) (i) by virtue of being the spouse of a citizen, he is the holder of a temporary residence permit; (ii) he is the dependent child or parent of a person to whom subparagraph (i) applies; (d) (i) he purchases an immovable property under the Integrated Resort Scheme, Real Estate Scheme, Invest Hotel Scheme, Property Development Scheme or Smart City Scheme, provided that the purchase price is not less than 375,000 US dollars or its equivalent in any other hard convertible foreign currency where the exchange rate to be used to calculate the US dollar equivalent shall be the selling rate in force at the time of signature of the title deed; (ii) he is the spouse, dependent child, parent or other than a young dependent of a person, other professional, to whom subparagraph (i) applies; (e) (i) he purchases, together with other persons, an immovable property under the Integrated Resort Scheme, Real Estate Scheme, Invest Hotel Scheme, Property Development Scheme or Smart City Scheme, provided that his contribution to the purchase price is not less than 375,000 US dollars or its equivalent in 11 any other hard convertible foreign currency where the exchange rate to
 be used to calculate the US dollar equivalent shall be the selling rate in force at the time of signature of the title deed; (ii) he is the spouse, dependent child, parent or other dependent of a person, other than a young professional, to whom subparagraph (i) applies; (f) (i) he purchases or otherwise acquires an apartment used, or available for use, as residence in a building of at least 2 floors above ground floor, provided the purchase price is not less than 375,000 US dollars or its equivalent in any other hard convertible foreign currency where the exchange rate to be used to calculate the US dollar equivalent shall be the selling rate in force at the time of signature of the title deed; (ii) he is the spouse, dependent child, parent or other dependent of a person, other than a young professional, to whom subparagraph (i) applies; he is the spouse, dependent child, parent or other dependent of a person, other than a young professional, who is the holder of a residence permit as a retired non-citizen; he is the spouse, dependent child, parent or other dependent of a person, other than a young professional, who is the holder of an occupation permit; he is a person working for the family unit in relation to a person who is the holder of a family occupation permit; he is an investor under the Permanent Resident Scheme prescribed under the Economic Development Board Act; (g) (h) (i) (j) (k) (i) he is a diplomatic officer, a consular officer, a representative or an official, duly accredited to a country other than Mauritius, of the United Nations or any of its agencies or of any inter-Governmental organisation in which Mauritius participates, coming to Mauritius to carry out his official duties; (ii) he is a family member to whom subparagraph (i) applies; 12 (l) he is a member of any naval, army or air force who comes to Mauritius in connection with the defence and security interests of Mauritius; (m) (i) he is a person who comes to Mauritius pursuant to any treaty or
 agreement between Mauritius and another country; (ii) he is a family member to whom subparagraph (i) applies; (n) (i) he is a person appointed to the public service of Mauritius; (ii) he is a family member to whom subparagraph (i) applies; (o) he is a student coming to Mauritius for the purpose of attending and, having entered Mauritius, is in actual attendance at any college, university or other educational or training institution; (p) he is the holder of a work permit or an exemption certificate under the Non-Citizens (Employment Restriction) Act; (q) he is a retired non-citizen; (r) he is such person, or belongs to such class of persons, as the Minister thinks fit and proper.
(2) An application for a residence permit, other than a residence permit for non-citizen spouse and residence permit for non-retired non-citizen, shall be made to the Director-General of Immigration in such form and manner as the Minister may approve.
(3) Where, on an application made under subsection (2), the non- citizen – (a) (b) meets the requirements of this Act, the Director-General of Immigration may, with the approval of the Minister, issue the non-citizen with a residence permit; or does not meet the requirements of this Act, the Director- General of Immigration shall reject the application.
(4) Notwithstanding subsection (3)(b), the Minister may issue a residence permit to a non-citizen where the non-citizen – 13 (a) (b) is the parent or grandparent of a citizen residing in Mauritius and that citizen is willing and able to provide for the care and maintenance of the non-citizen; satisfies the Minister that his maintenance and that of his family will be provided wholly funds outside Mauritius; or from (c) is, in the opinion of the Minister, a fit and proper person to become a resident.

9.
9.

Residence permit for non-citizen spouse (1) An application for a residence permit by a non-citizen spouse shall, not less than one month before the expiry of the period of 2 years of his temporary residence permit, be made to the Minister in such form and manner as he may approve.

(2) The Minister shall, on an application made under subsection (1), order an investigation to be carried in accordance with section 25(b).
(3) Where the Minister is satisfied – (a) (b) that the non-citizen has, subject to subsection (4), resided, immediately preceding the date of his application for a residence permit, with his spouse under the same conjugal roof in Mauritius for a period of 2 years; on the basis of the investigation carried out, that the marriage between the non-citizen and the citizen is not a marriage of convenience; and (c) the non-citizen meets the requirements of this Act, the Minister may, on such conditions as he may impose, issue a residence permit to the non-citizen.
(4) Notwithstanding subsection (3)(a), an aggregate period of less than 2 years but more than one year may be approved where the Minister is satisfied that the non-citizen had to regularly travel abroad, or his citizen spouse had to regularly travel abroad, over the 2 year-period, for – (a) medical purposes; (b) business or work purposes; or 14 (c) such other reasonable purpose as the Minister may approve.
(5) Where the non-citizen does not meet the requirements of this Act, the Minister shall reject the application.
(6) Where a non-citizen has made an application for a residence permit under this section and, pending the determination of his application, his temporary residence permit has expired, that permit shall be deemed not to have expired until – (a) (b) he is issued with a residence permit; or his application for residence permit is rejected, in the case of which he shall, for the purpose of section 19, cease to be a resident.

10.
10.

Residence permit for retired non-citizen (1) Notwithstanding the Non-Citizens (Employment Restriction) Act, a retired non-citizen shall, through EDB, apply to the Director-General of Immigration for a residence permit.

(2) (a) An application under subsection (1) shall – (i) be made in such form and manner as the Director- General of Immigration may approve; and (ii) be accompanied by such fee as may be prescribed.
(b) Section 12(5) to (8) shall apply to a retired non-citizen as it would have applied to an investor or a self-employed non-citizen, with such modifications, adaptations and exceptions as may be necessary to bring it in conformity with this section.

(3) Where the Director-General of Immigration is satisfied that the non- citizen meets the requirements of this Act, the Director-General of Immigration may, on such conditions as he may impose, issue him with a residence permit as a retired non-citizen.
(4) The holder of a residence permit as a retired non-citizen may invest in any business, provided that – (a) (b) he is not employed in the business; and he does not derive any salary or employment benefits from the business.

15 Section C – Permanent Residence Permit 11.
Eligibility for permanent residence permit (1) A non-citizen may be issued with a permanent residence permit where he – (a) (i) satisfies the criteria specified – (A) (B) in item 1 of Part IV of the First Schedule to the Economic Development Board Act; or in item 2, 3, 4 or 5 of Part IV of the First Schedule to the Economic Development Board Act, provided that he makes an application not later than 6 months after satisfying the criteria; (ii) (iii) is the spouse of a person to whom subparagraph (i) applies; is the parent, dependent child or other dependent of a person to whom subparagraph (i) or (ii) applies; (iv) is the wholly dependent next of kin of an unmarried person to whom subparagraph (i) applies; (b) (i) is a member of the Mauritian Diaspora under the Mauritian Diaspora Scheme; (ii) (iii) is the spouse of a person to whom subparagraph (i) applies; is the dependent child of a person to whom subparagraph (i) or (ii) applies; (iv) is the wholly dependent next of kin of an unmarried person to whom subparagraph (i) applies; (c) is the holder of a residence permit as a retired non-citizen or an occupation permit for at least 3 years immediately before 1 September 2020 and satisfies the criteria specified in Part V of the First Schedule to the Economic Development Board Act.
(2) Any investor, professional or self-employed who is the holder of a permanent residence permit may be issued with a permanent residence permit under the category of retired non-citizen in replacement of his permanent 16 residence permit for the remaining period of its validity, provided that he has a disposable monthly income of 1,500 US dollars or its equivalent in any other hard convertible foreign currency.
(3) (a) An application for a permanent residence permit shall be made to the Minister in such form and manner as he may approve.

(b) Where, on an application made under paragraph (a), the Minister is satisfied that the non-citizen meets the requirements of this Act, the Minister may, on payment of the prescribed fee, issue the non-citizen with a permanent residence permit on such conditions as he may impose.
(4) A permanent residence permit issued pursuant to subsection (1)(a) shall be valid for a period of 20 years as from the expiry date of his residence or occupation permit, or as from the date of issue of the permanent residence permit, as the case may be.

(5) A permanent residence permit issued pursuant to subsection (1)(a) or (c) and valid on 1 September 2020 shall be valid for a period of 20 years as from the date of the issue of the permit.
(6) A permanent residence permit issued pursuant to subsection (1)(b) shall be valid for a period of 10 years as from the date of the issue of the permit.

(7) The number of persons who may be issued with a permanent residence permit pursuant to subsection (1)(a)(iv) and (b)(iv) shall not exceed 3.

Section D – Occupation Permit 12.
Eligibility for occupation permit (1) A non-citizen investor, a non-citizen self-employed, the employer of a non-citizen professional or the employer of a non-citizen young professional shall, through EDB, apply to the Director-General of Immigration for an occupation permit authorising, notwithstanding the Non-Citizens (Employment Restriction) Act – (a) (b) the investor or self-employed to carry on any occupation in Mauritius for reward or profit; or the professional or young professional employment in Mauritius.
to take up (2) The non-citizen investor, non-citizen self-employed, employer of a non-citizen professional or employer of a non-citizen young professional referred to in subsection (1) shall be registered with EDB.

17 (3) The spouse of the holder of an occupation permit may, on application, be granted an occupation permit.
(4) An application under subsection (1) or (3) shall – (a) (b) (c) be made in such form and manner as the Director-General of Immigration may approve; in the case of a non-citizen professional or non-citizen young professional, be accompanied by a written undertaking from the employer that he will meet any expense or charge likely to be incurred for the maintenance, support or removal of the professional or young professional; in the case of a non-citizen investor who is a company, be made in respect of each shareholder who is also a director of the company, provided that the criteria referred to in item 1 of Part I of the First Schedule to the Economic Development Board Act is applied to each applicant.
(5) The Director-General of Immigration shall, on receipt of an application made under subsection (1) or (3), immediately issue to EDB an acknowledgement receipt in respect of the application.
(6) The Director-General of Immigration shall, within 5 working days of the date of receipt of the complete application, determine the application and where – (a) the application is granted, issue, on such conditions as he may impose and on payment of the prescribed fee by the applicant, the occupation permit – (i) (ii) (iii) in the case of a non-citizen investor or non-citizen self- employed, for a period of 10 years; in the case of a non-citizen professional, for the period specified in his contract of employment or for a period of 10 years, whichever is lesser; or in the case of a non-citizen young professional, for the period specified in his contract of employment or for a period of 3 years, whichever is lesser; (b) the application is not granted, the Director-General of Immigration shall – 18 (i) (ii) give written notice thereof to the applicant with a copy to EDB; and at the same time, return to the applicant, the written undertaking.
(7) Where the application is not determined within 5 working days of the date of receipt of the complete application, the application shall be deemed to have been granted and the acknowledgement receipt referred to in subsection (5) shall be deemed to be an occupation permit issued under subsection (6)(a).
(8) On the working day immediately following the 5 working days referred in subsection (6), EDB shall, subject to subsection (6)(b), and after consultation with the acknowledgement receipt to the applicant.

the Director-General Immigration, issue of (9) In the case of a non-citizen investor or non-citizen self-employed, an occupation permit issued for a period of 3 years, and valid on 1 September 2020, shall be extended for a period of 10 years as from the date of the issue of the occupation permit.
(10) (a) The holder of an occupation permit as a non-citizen professional may invest in any business, provided that – (i) he is not employed in the business; and (ii) he does not derive any salary or employment benefits from the business.

(b) Notwithstanding paragraph (a), the holder of an occupation permit as a non-citizen professional may hold shares in a business where he is employed, provided that he is not a majority shareholder.

Section E – Short-term Occupation Permit 13.


Eligibility for short-term occupation permit (1) A non-citizen shall, through EDB, apply to the Director-General of Immigration for a short-term occupation permit authorising him, notwithstanding the Non-Citizens (Employment Restriction) Act, to work in Mauritius for a period not exceeding 9 months.
(2) The period specified in the short-term occupation permit may, on an application being made within at least 15 days prior to the expiry of the permit, be extended only once for a period not exceeding 3 months.

(3) Section 12(5) to (8) shall, in relation to the procedure for an 19 application under this section, apply with such modifications, adaptations and exceptions as may be necessary to bring it in conformity with this section.
(4) Where the Director-General of Immigration is satisfied that the non- citizen meets the requirements of this Act, the Director-General of Immigration may, on such conditions as he may impose, issue a short-term occupation permit to the non-citizen.

Section F – Family Occupation Permit 14.
Eligibility for family occupation permit (1) A non-citizen shall, through EDB, apply to the Director-General of Immigration for a family occupation permit authorising, notwithstanding the Non-Citizens (Employment Restriction) Act – (a) (b) (c) him, his spouse, his dependent child, his parent, his other dependent, or such other person working exclusively for the family unit as the Director-General of Immigration may approve, to become a resident for a period of 10 years, provided that the criteria specified in Part II of the First Schedule to the Economic Development Board Act are satisfied; him or his spouse to carry out any occupation in Mauritius for reward or profit or take up employment in Mauritius; and such other person to take up employment with the person to whom paragraph (a) applies for the purpose of attending to the needs of his family.
(2) An application under subsection (1) shall be accompanied by such fee as may be prescribed.

(3) Where the Director-General of Immigration is satisfied that the non- citizen – (a) (b) meets the requirements of this Act, the Director-General of Immigration may, on such conditions as he may impose, issue a family occupation permit to the non-citizen; or does not meet the requirements of this Act, the Director- General of Immigration shall reject the application.
(4) A family occupation permit shall be valid for a period of 10 years.

(5) Section 12(5) to (8) shall, in relation to the procedure for an 20 application under this section, apply with such modifications, adaptations and exceptions as may be necessary to bring it in conformity with this section.

(6) An application under this section shall be accompanied by such fee as may be prescribed.

Sub-Part III – Deposit or Bank Guarantee, and Written Undertaking 15.
Deposit or bank guarantee (1) Subject to subsections (4) and (5), the holder of a residence permit shall make a deposit with, or provide a bank guarantee to, the immigration officer, or such other public officer as the Minister may authorise, of a sum not exceeding 100,000 rupees, or such other sum as may be prescribed, to indemnify the Government for any expense or charge likely to be incurred for his maintenance, support or removal.
(2) The deposit shall be applied towards the payment of any expense incurred for the maintenance, support or removal of the holder of the residence permit.

(3) The deposit, or the unexpended balance of it, shall be paid over to the holder of the residence permit on his leaving Mauritius or, where he dies, to the person he may have designated at the time of the deposit or to his legal representative.
(4) The Minister may exempt the holder of a residence permit from making the deposit under subsection (1) or may authorise him to make a deposit of a lesser amount or, in lieu of making the deposit, to enter into a recognisance, with or without sureties, in the amount required to be deposited.

(5) In this section – “holder of residence permit” means such class of holders of work permits, under the Non-Citizens (Employment Restriction) Act, as the Minister may approve.

16.
16.

Written undertaking Where an application for a permanent residence permit, an occupation permit, a short-term occupation permit or a family occupation permit is granted, the applicant shall, at the time of payment of the prescribed fee in relation thereof, submit to the Director-General of Immigration or such other public officer as the Minister may authorise, a written undertaking to indemnify the Government for any expense or charge likely to be incurred for his maintenance, support or removal.
21 Sub-Part IV – Renewal of Permit 17.

Application for renewal of permit (1) Where a resident wishes to apply for the renewal of his permit, other than a temporary residence permit, he may submit such application whilst being in Mauritius.
(2) Where a resident has submitted an application for the renewal of his permit, other than a temporary residence permit, and, pending the determination of his application, his permit has expired, that permit shall be deemed not to have expired until – (a) he is issued with a renewed permit; or (b) the application for renewal of his permit is rejected, in the case of which he shall, for the purpose of section 19, cease to be a resident.

Sub-Part V – Loss of Status of Resident 18.
Deprivation of status of resident (1) Where the Minister is satisfied that – (a) (b) (c) (d) a resident has wilfully made any false statement or misled or attempted to mislead, with respect to the application for his permit; a resident has failed to comply with any condition of his permit; a resident holding a permanent residence permit, an occupation permit, a short-term occupation permit or a family occupation permit has been declared bankrupt; a resident has been convicted of a criminal offence carrying out a term of imprisonment for a term of not less than 12 months; (e) a resident is, pursuant to section 5(1), a prohibited immigrant, he may deprive him of his status of resident.
22 (2) Notwithstanding subsection (1), where the Minister is satisfied that it is in the public interest to do so, he may, in his absolute discretion, deprive a non-citizen of his status of resident.

(3) Where the Minister deprives a non-citizen of his status of resident under this section, he shall serve on him a notice to that effect.

(4) (a) A non-citizen whose status of resident has been deprived shall, subject to paragraph (b), be a prohibited immigrant.
(b) Where the Minister considers that the course of action specified in paragraph (a) is not warranted, he may issue to that non-citizen a certificate stating the conditions subject to, and the period for, which he may stay in Mauritius.

(5) Where, pursuant to this section, a non-citizen has been deprived of his status of resident, the Director-General of Immigration shall make necessary arrangements for his removal from Mauritius.

19.
Ceasing to hold status of resident (1) A non-citizen shall, subject to this section, cease to hold the status of resident where – (a) in case he is married to a citizen, the marriage is terminated; (b) (c) he no longer satisfies the requirements based on which he was issued with a permit; being the holder of a temporary residence permit, his application for a residence permit is rejected; (d) an application for the renewal of his permit is rejected; (e) the person by virtue of whom he acquired the status of resident – (i) (ii) has, pursuant to paragraphs (a) to (d), ceased to be a resident; or has, pursuant to section 18, been deprived of his status of resident; or (f) his marriage to a non-citizen spouse by virtue of which he acquired the status of resident is terminated.
23 (2) (a) Where a non-citizen is married to a citizen, the non-citizen shall cease to hold the status of resident 6 months after the termination of his marriage.

(b) Where a marriage is terminated on the death of the citizen, the surviving non-citizen spouse may, not later than 90 days after the death of his citizen spouse, apply to the Minister to continue to hold the status of resident.
(c) The Minister shall, on an application made under paragraph (a), order an investigation, where warranted, to be carried pursuant to section 25(b).

(d) The Minister may – (i) reject the application; or (ii) subject to such conditions as he may impose, authorise the surviving non-citizen spouse to continue to hold the status of resident.
(3) (a) Where a resident has ceased to hold the status of resident, a notice to that effect by the Director-General of Immigration shall be served upon him ordering him to leave Mauritius within such reasonable time as the Director- General of Immigration considers appropriate.

(b) A non-citizen may, on receipt of a notice under paragraph (a), make an application to the Minister to continue to hold the status of resident.
(c) The Minister may – (i) reject the application; or (ii) subject to such conditions as he may impose, authorise the non-citizen to continue to hold the status of resident.

(4) Where, pursuant to this section, a non-citizen ceases to hold the status of resident, the Director-General of Immigration shall make necessary arrangements for his removal from Mauritius.

PART IV – VISA HOLDERS 20.
Visa (1) The immigration officer may admit to Mauritius – 24 (a) a tourist or other visitor or person coming for business; (b) (c) (d) a person passing through Mauritius in transit to another country; a member of dramatic, artistic, cultural, athletic or other groups entering Mauritius or who, having entered, is in Mauritius for the purpose of giving performances or exhibitions of an entertaining or instructive nature; a crew member of a vessel entering Mauritius or who, having entered, is in Mauritius for shore leave or some other legitimate and temporary purpose; (e) such other person or class of persons as the Minister thinks fit and proper.
(2) The immigration officer shall issue to a person admitted to Mauritius under subsection (1) a visa stating the conditions subject to, and the period for, which the admission to Mauritius is authorised.

(3) The immigration officer may, with the approval of the Minister, vary the conditions attached to the admission of the person under subsection (1) to Mauritius or extend or limit the period of his stay in Mauritius.
(4) Where, in relation to the holder of a visa, the Minister – (a) is satisfied that it is in the public interest to do so; or (b) is of the opinion that the person is a prohibited immigrant, he may, in his absolute discretion, cancel the visa and that person shall be a prohibited immigrant.

(5) Where, pursuant to this section, the visa of a non-citizen is Immigration shall make necessary the Director-General of cancelled, arrangements for his removal from Mauritius.
PART V – POWERS OF IMMIGRATION OFFICER 21.

Non-citizen minors admitted to Mauritius (1) Where a non-citizen minor has been admitted to Mauritius under the charge of any person and, at a later stage, the presence of that minor in Mauritius becomes unlawful by virtue of this Act, the immigration officer may order that person to make such arrangements as may be necessary to ensure 25 the departure of the minor from Mauritius within such period as he considers appropriate.
(2) Where a non-citizen minor has been admitted to Mauritius under the charge of any person and, at a later stage, the immigration officer is informed that such person is about to leave Mauritius without the minor, he shall order that person to make such arrangements as may be necessary to ensure the departure of the minor from Mauritius within such reasonable period as he considers appropriate, and to provide for the care and maintenance of the minor until his departure from Mauritius.
(3) The immigration officer may take such measures as may be necessary to prevent the person to whom an order is made under subsection (2) from leaving Mauritius until the order has been complied with.

22.

Examination by immigration officer (1) Every person who seeks admission to Mauritius shall first appear before the immigration officer at a port of entry for examination as to whether or not he should be admitted to Mauritius.
(2) For the purpose of examining any person under subsection (1), the immigration officer may board any vessel and may order the master of the vessel to – (a) provide him with a list of passengers, stating the names of the passengers and their port of embarkation; and (b) supply such other information as he may require.

(3) The immigration officer may order any person who seeks admission to Mauritius to undergo a medical examination.
(4) Where, in the opinion of the immigration officer, a person appearing before him for examination cannot be properly examined due to the effect of alcohol, drugs, illness or any other cause, the immigration officer may cause the examination of the person to be deferred until such time as he may be properly examined and, pending such time, the immigration officer may, having regard to the circumstances of the case, either detain the person or authorise him to be admitted provisionally on such conditions as he may impose.
23.
Powers to refuse admission to Mauritius (1) Where the immigration officer, after the examination of a passenger who seeks admission to Mauritius, is of the opinion that it would be contrary to this Act to grant admission to that passenger to Mauritius, he may – 26 (a) (b) (c) refuse to admit the passenger to Mauritius and, thereupon, the passenger shall be kept in custody until the departure of the vessel and, subject to subsection (2), the immigration officer shall order the master of the vessel to remove the passenger when leaving Mauritius; cause the passenger to be detained pending the decision of the Minister; or issue a visa to the passenger on such conditions, including the deposit of a sum of money or other security, as he may impose.
(2) Where a passenger who is kept in custody under subsection (1)(a) claims to be a citizen or a resident, the immigration officer shall not order his removal but shall forthwith refer the matter to the Minister for his decision.

(3) Where the immigration officer has detained any passenger who has sought admission to Mauritius under subsection (1)(b) or has been issued with a visa under subsection (1)(c), the immigration officer shall forthwith refer the matter to the Minister for his decision.
(4) Where the Minister is of the opinion that the passenger is a prohibited immigrant, or that he should not be issued with a residence permit, the immigration officer shall – (a) where the passenger is already detained, order the transport company of the vessel in which the passenger arrived in Mauritius to remove him, within a specified period, to the country of which he is a citizen or national, or in which he embarked for Mauritius, or to a country to which there is reason to believe that he will be admitted; (b) where the passenger has been admitted provisionally, order him to leave Mauritius at the first available opportunity and where he fails to do so, the immigration officer shall, without the issue of a warrant, arrest and detain him and paragraph (a) shall apply to him as if he had been detained.
(5) Where the Minister is of the opinion that the passenger detained or admitted provisionally in Mauritius under subsection (1)(b) or (c) is not a prohibited immigrant and that he is a fit and proper person, the Director-General of Immigration may issue a visa to him and, thereupon, he shall be admitted to Mauritius in accordance with, but subject to, this Act.
27 (a) (6) Subject to paragraph (b), this section shall apply and the decision of the Minister shall be final and conclusive and shall not be questioned in any Court.
(b) Where a passenger to whom the Minister has refused admission to Mauritius claims to be a citizen or a resident, an appeal shall lie to the Supreme Court against the decision of the Minister and the appeal shall be heard and determined, as expeditiously as circumstances warrant, in accordance with such rules as the Chief Justice may prescribe.

24.
24.

Inspection (1) An immigration officer or any other police officer may inspect any vessel bringing or taking persons to or from Mauritius, examine the persons carried by it and their baggage, examine any document relating to such persons and take copies or extracts and may hold and detain the vessel until the inspection and examination are completed.
(2) The master of any vessel arriving or leaving Mauritius shall report to the immigration officer at a port of entry, immediately on arrival or before departure, as the case may be, to enable the immigration officer to examine the passengers and crew members.
(3) All passengers and crew members of any vessel seeking to enter or leave Mauritius, shall immediately on arrival or before departure, as the case may be, report to the immigration officer and fulfil such formalities as may be prescribed, and shall submit their passports or other travel documents for examination.

25.
Powers of arrest, detention and investigation An immigration officer may, in order to secure compliance with this Act, take such measures as may be necessary and may, in particular – (a) arrest and detain – (i) any prohibited immigrant; or (ii) any person who has committed or is committing, or whom he reasonably suspects of having committed or to be committing, an offence under this Act; (b) investigate into whether the marriage between a non-citizen and a citizen is a marriage of convenience, and for the purpose of the investigation – 28 (i) (ii) order the non-citizen who has made an application for a temporary residence permit or residence permit, or his citizen spouse, to appear before him for examination and to submit any document; order the non-citizen who has been issued with a temporary residence permit or residence permit, or his citizen spouse, to appear before him for examination and to submit any document; (iii) summon and hear other witnesses, or call for the production of any document from any other person or institution; (iv) inspect the household where the citizen and non-citizen spouses live; (v) do such other things as may be necessary for the investigation; (c) investigate into any other matter falling under the purview of this Act, and for the purpose of the investigation, have the same powers under paragraph (b).
PART VI – OBLIGATIONS OF AIRLINES AND SHIPPING LINES 26.

Removal of passengers (1) Where an airline or a shipping line is ordered to remove a passenger under section 23, the cost of his removal shall be met by the airline or shipping line, as the case may be.

(2) Where a passenger has been refused admission to Mauritius, his expenses, including maintenance and medical care, shall be met by the airline or shipping line that brought him to Mauritius pending the removal of the passenger.
(3) (a) Where an airline or a shipping line is ordered to meet the cost of the removal of a passenger under subsection (1), it shall be so notified and be given an opportunity of conveying him or causing him to be conveyed on one of its own vessels or otherwise.
(b) Where the airline or shipping line under paragraph (a) does not convey or caused to be conveyed the passenger within a reasonable time, or where it is expedient in the interests of defence, public safety, public order or public morality that the passenger should immediately leave Mauritius, the Minister may direct that the passenger should be immediately removed at the expense of the Government.
29 (c) An airline or a shipping line shall, on demand, reimburse to the Government the expenses incurred under paragraph (b) for the removal of the passenger and any other expenses which may have been incurred in connection with his detention.

27.
27.

Unauthorised disembarkation An airline or a shipping line, or the master of a vessel, bringing persons into Mauritius shall not, on the arrival of the vessel in Mauritius, authorise – (a) (b) any person to leave the vessel at a place other than a port of entry; or individual persons or groups of persons to leave the vessel until permission has been granted by the immigration officer.

28.
28.

Clearance of vessels (1) Subject to subsection (2), no vessel bringing persons to Mauritius shall be granted clearance where the airline or shipping line operating it, or its master has, in the opinion of the immigration officer, committed an offence under this Act.

(2) The immigration officer may, with the approval of the Minister, grant clearance under subsection (1) where a sum of money or other security, at least equal to the maximum fine that may be imposed for the offence, is deposited with him.
29.

Security in respect of crew member Where a crew member of a vessel deserts the vessel while in Mauritius or is, for any reason, to be left in Mauritius after the departure of the vessel, the immigration officer may order the airline or shipping line operating that vessel, or its master, to deposit with him such sum of money or security as he considers necessary for the return of the crew member to the vessel or for his removal from Mauritius.

30.
30.

Return passage ticket A non-citizen who has been admitted to Mauritius by virtue of a visa shall, during his stay in Mauritius, have, at all times, a return passage ticket.

30 PART VII – MISCELLANEOUS 31.
Identification number of residents (1) Notwithstanding any other enactment, every resident who – (a) is required to be registered under the Business Registration Act shall, in respect of every transaction he makes in relation to – (i) (ii) his business activities, use his business registration number in accordance with the Business Registration Act; any other activity with any public sector agency, use and indicate on any document, whether electronically or otherwise, the identification number allocated to him by the immigration officer; (b) is not required to be registered under the Business Registration Act shall, in respect of every transaction he makes in relation to his activities with a public sector agency, use and indicate on any document, whether electronically or otherwise, identification number allocated to him by the immigration officer.
the (2) Where a transaction is made in the name of a minor who is a non- citizen, the document witnessing the transaction shall contain the identification number allocated to the minor by the immigration officer.

(3) No public sector agency shall issue, whether electronically or otherwise, a document in respect of any transaction referred to in subsection (1)(a)(ii) or (b), unless the document contains the identification number allocated to the resident by the immigration officer.
(4) Every public sector agency shall use and indicate in its records, whether electronically or otherwise, the identification number allocated to the resident with whom a transaction is carried out pursuant to subsection (1)(a)(ii) or (b) and in respect of whom a record is required to be kept.

(a) (5) The identification number allocated to a resident referred to in subsection (1)(a)(ii) or (2) shall be the unique identification number of that non-citizen.
(b) The unique identification number of a resident shall be the resident’s official identification number whenever reference is made to him.

31 (c) Any number of identification, other than the identification number referred to in paragraph (a), which is used by a public sector agency with which the transaction is made – (i) (ii) shall be used by that public sector agency solely for internal purposes; and shall not appear on any document relating to that resident.

32.
32.

Register of non-citizens The Director General of Immigration shall keep and maintain an electronic register of non-citizens admitted to Mauritius.

33.
Sharing of information (1) Notwithstanding any other enactment, an immigration officer shall, through its electronic system or any other appropriate means, share with – (a) another public sector agency such information as may be mutually agreed upon, including, in relation to – (i) (ii) a non-citizen, his name, address and date of arrival in, and date of departure from, Mauritius; and a citizen, his name, address and date of departure from, and date of arrival in, Mauritius; (b) the Financial Intelligence Unit any other information in addition to those specified in paragraph (a) as the Financial Intelligence Unit may require in the discharge of its functions.
(2) Subject to subsection (3), no public sector agency, other than the Financial Intelligence Unit, shall disclose any information obtained pursuant to subsection (1) to a third party.

(3) A public sector agency may, with the approval of the Director General of Immigration, disclose to a third party any information obtained pursuant to subsection (1).

34.
34.

Period of residence Any period of residence in Mauritius by virtue of a permit shall be taken into account for the purposes of the Mauritius Citizenship Act.

32 35.

Lawful custody Any person who is detained by virtue of this Act or for the purpose of an enquiry shall, whilst being detained and whilst being conveyed for the purpose of being removed from Mauritius, be deemed to be in lawful custody.

36.
Offences A person who – (a) fails, on arriving in, or on leaving, Mauritius or on being ordered, to report to the immigration officer for examination; (b) makes any false or misleading statement in connection with the admission of any person to, or departure from, Mauritius; (c) makes any charge to, or receives any fee or reward from, any person to secure or assist in securing the admission to, or departure from, Mauritius of any person; (d) induces, aids or abets or attempts to induce, aid or abet any person to commit any offence under this Act, (e) without reasonable excuse, remains in Mauritius where he is not a citizen or resident, or has not been issued with a visa; (f) without reasonable excuse, remains in Mauritius where his permit or visa has expired or cancelled; (g) (h) (i) (j) fails to appear before an immigration officer for the purpose of investigation under section 25; refuses to answer any question put to him or to submit any document or does not truthfully answer any question put to him during an investigation under section 25; enters into a marriage of convenience; assists a non-citizen and a citizen to enter into a marriage of convenience; or (k) otherwise contravenes this Act, shall commit an offence and shall, on conviction, be liable to a fine not exceeding one million rupees and to imprisonment for a term not exceeding 5 years.
33 37.

Regulations The Minister may make such regulations as he thinks fit for the purposes of this Act and, in particular, provide – (a) for the examination of vessels, their passengers and crew members and their papers; (b) for the amendment of the Schedule; (c) for the payment of fees and the levying of charges; (d) that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 2 years.
38.

Repeal The Immigration Act is repealed.

39.
Consequential amendments (1) The Civil Status Act is amended, in section 19A – (a) in subsection (2) – (i) in paragraph (a)(iii) – (A) by repealing sub subparagraph (D) and replacing it by the following sub subparagraph – (D) affidavit an sworn before the Master and Registrar of the Supreme Court of Mauritius, that attesting not is he marrying the citizen for the of purpose becoming a resident; (B) by inserting, after sub subparagraph (E), the following new sub subparagraphs – 34 (EA) an affidavit or any other legal document, duly sworn or affirmed by him before a Court of law in his country of residence, that attesting he is in gainful employment or, alternatively, has means maintain himself; sufficient to (EB) an affidavit or any other legal document, duly sworn or affirmed by him before a Court of law in his country of residence, attesting his marital status; and (ii) (iii) in paragraph (b), by deleting the words “10 days” and replacing them by the words “30 days”; by inserting, after paragraph (b), the following new paragraph, the word “or” at the end of paragraph (b) being deleted – (c) unless the citizen submits at the time of making an application for the publication of the marriage, an affidavit sworn before the Master and Registrar of the Supreme Court of Mauritius, attesting that he is not marrying the non-citizen for the purpose of the non-citizen 35 acquiring resident; and the status of (b) by inserting, after subsection (2), the following new subsection – (2A) Where a non-citizen intends to marry a citizen following the termination of his marriage to another citizen, the affidavit or document referred in subsection (2)(a)(iii)(EB) shall be sworn in or affirmed after the date of the termination of the marriage.
(2) The Deportation Act is amended – (a) in section 2 – (i) (ii) by deleting the definition of “convicted person”, “destitute person” and “undesirable person”; in the definition of “Minister”, by deleting the words “defence and internal security” and replacing them by the words “home affairs”; (iii) by deleting the definition of “prohibited immigrant” and replacing it by the following definition – “prohibited immigrant” has the same meaning as in the Immigration Act 2022.
(b) in section 3, in subsection (3), by deleting the words “section 6(5) of the Immigration Act” and replacing them by the words “section 18 or 19 of the Immigration Act 2022”; (c) in section 4 – (i) by repealing paragraphs (a) and (b) and replacing them by the following paragraphs – (a) a prohibited immigrant; or (b) a non-citizen who is transferred to Mauritius under the Piracy and Maritime Violence Act.
(ii) by repealing paragraphs (c) and (d); (d) in section 5 – 36 (i) (ii) in subsection (2), by deleting the words “a convicted person, an undesirable person, a destitute person or a prohibited immigrant” and replacing them by the words “a prohibited immigrant or a non-citizen who is transferred to Mauritius under the Piracy and Maritime Violence Act”; (6), by deleting the words “an in subsection undesirable person or a prohibited immigrant” and replacing them by the words “a prohibited immigrant or a non-citizen who is transferred to Mauritius under the Piracy and Maritime Violence Act”; (e) in section 10 – (i) in subsections (1) and (3), by deleting the words “500 rupees” and replacing them by the words “100,000 rupees”; (ii) in subsection (4) – (A) (B) in paragraph (a), by deleting the words “500 rupees” and replacing them by the words “100,000 rupees”; in paragraph (b), by deleting the words “3,000 rupees” and replacing them by the words “100,000 rupees”.
(3) The Economic Development Board Act is amended – (a) (b) (c) in section 2, in the definition of “family occupation permit”, “immigration officer”, “occupation permit” and “permanent residence permit”, by deleting the words “Immigration Act” and replacing them by the words “Immigration Act 2022”; in section 13, in subsection (1), by deleting the words “the Immigration Act” wherever they appear and replacing them by the words “Immigration Act 2022”; in section 14, in subsection (5), by deleting the words “section 9A of the Immigration Act” and replacing them by the words “Immigration Act 2022”; (d) in the First Schedule – 37 (i) in Part I, by deleting item 4 and replacing it by the following item – 4.
Young professional Completion of at least an (1) undergraduate degree in a local institution tertiary recognised Higher Education Commission in any field listed in the Schedule to the Immigration Act 2022 education by the to Completion (2) of an internationally recognised professional certification, an equivalent undergraduate degree, dispensed by a in Mauritius in any field listed in the Schedule to the Immigration Act 2022 institution registered least at (ii) in Part IV, in item 1, in the third column, by deleting the words “in Part 1 of the Schedule to the Immigration Act” and replacing them by the words “in the Schedule to the Immigration Act 2022”.
(4) The Mauritius Citizenship Act is amended – (a) in section 2, in the definition of “Minister”, by deleting the words “internal affairs” and replacing them by the words “home affairs”; (b) in section 5 – (i) by repealing subsection (2) and replacing it by the following subsection – (2) This section shall not apply to a non- citizen who is the holder of a temporary residence permit under the Immigration Act 2022.
(ii) in subsection (3), by inserting, after the words “Notwithstanding subsection (1)”, the words “but subject to subsection (2)”; (c) in section 7 – 38 (i) in subsection (2) – (A) by lettering the existing provision as paragraph (a); (B) by adding the following new paragraph – (b) Paragraph (a) shall apply to a non-citizen who, not being the holder of a temporary residence permit, is issued with a residence permit.
(ii) by inserting, after subsection (2), the following new subsection – (2A) (a) Where a non-citizen who, being the holder of a temporary residence permit, is issued with a residence permit intends to be registered as a citizen of Mauritius, he shall, 4 years after having been issued with the residence permit, make an application to be registered as a citizen of Mauritius.
(b) Where the Minister is satisfied that a non-citizen – (i) (ii) (iii) of has resided, immediately preceding his the date application for registration, with his the spouse same conjugal roof in Mauritius an aggregate period of at least 4 years; under for is of good character; and adequate has the of knowledge English language, or any other language current in Mauritius, the of and 39 responsibilities of a citizen of Mauritius, he may register the non-citizen as a citizen of Mauritius.
(c) For avoidance of doubt, a period of residence in Mauritius pursuant to a temporary the Immigration Act 2022 shall be taken into account for the purpose of this subsection.

residence permit under (d) in section 9 – (i) by repealing subsection (4) and replacing it by the following subsection – (4) This section shall not apply to a non- citizen who is the holder of a temporary residence permit under the Immigration Act 2022.
(ii) in subsection (5), by inserting, after the words “Notwithstanding this section”, the words “but subject to subsection (4)”; (e) by inserting, after section 10, the following new section – (10A) The Minister may, on an application made under sections 5, 7 and 9, order an investigation to be carried out by an immigration officer in accordance with section 25 of the Immigration Act 2022.
(f) in section 11, by adding the following new subsection – (8) Notwithstanding subsections (5), (6) and (7), the Minister may, in his absolute discretion and without giving any reason, deprive any person of his citizenship of Mauritius, if he has reliable information and is satisfied that it is in the interest of defence, public safety or public order.
(5) The Non-Citizens (Employment Restriction) Act is amended – (a) in section 2 – (i) in the definition of “identification number”, by deleting the words “in accordance with section 9D(1)(a)(ii) or 40 (2) of the Immigration Act” and replacing them by the words “under the Immigration Act 2022”; in the definition of “immigration officer”, by deleting the words “Immigration Act” and replacing them by the words “Immigration Act 2022”; in the definition of “resident”, by deleting the words “Immigration Act” and replacing them by the words “Immigration Act 2022”; (ii) (iii) (b) in section 3, in subsection (6) – (i) (ii) in paragraph (a), by deleting the words “Immigration Act” and replacing them by the words “Immigration Act 2022”; in paragraph (b), by deleting the words “under section 5(1)(g) and (ga) of the Immigration Act” and replacing them by the words “in accordance with section 8(1)(d)(i), (e)(i) and (f)(i) of the Immigration Act 2022”; (iii) by repealing paragraph (c) and replacing it by the following paragraph – (c) a non-citizen who is issued with a permanent residence permit under the Immigration Act 2022; (iv) in paragraph (e), by deleting the words “section 9CA of the Immigration Act” and replacing them by the words “the Immigration Act 2022”; (c) in section 4 – (i) in subsection the words “Immigration Act” and replacing them by the words “Immigration Act 2022”; (3)(a)(i), by deleting (ii) by inserting, after subsection (5), the following new subsections – (5A) Every permit issued by the Minister shall be issued subject to the condition that the non-citizen to whom the permit is issued shall not remain, or seek to remain, in Mauritius where the permit is no longer 41 valid, unless another permit is issued in relation to him.
(5B) Notwithstanding any other enactment, a non-citizen who contravenes the condition specified in subsection (5A) shall be a prohibited immigrant for the purposes of the Immigration Act 2022.
(6) The Non-Citizens (Property Restriction) Act is amended, in section 3 – (a) in subsection (3), by adding the following new paragraph, the full stop at the end of paragraph (c) being deleted and replaced by a semicolon – (d) in the case of a non-citizen who is a resident pursuant to the Immigration Act 2022, purchases or otherwise acquires, with the approval of the Minister, a residential property, other than – (i) (ii) (iii) (iv) property referred to in paragraphs (ba), (c)(iii), (v), (vi) and (vii); residential property situated on State Pas land, Géométriques; including or bareland land exceeding 0.5276 hectare (1.25 arpent); or serviced a standalone residential property constructed on an extent of land exceeding 0.5276 hectare (1.25 arpent), provided the purchase price is not less than 350,000 US dollars or its equivalent in any other hard convertible foreign currency, or in such other amount as may be prescribed.
(b) by adding the following new subsection – (5) (3)(d), an For the purpose of subsection application shall be accompanied by a valuation report, from 42 a registered qualified surveyor, giving the open market value of the immovable property.
(7) The Passports Act is amended – (a) in section 2 – (i) (ii) in the definition of “Minister”, by deleting the words “internal affairs” and replacing them by the words “home affairs”; by adding the following new definition, the full stop at the end of the definition of “Passport Officer” being deleted and replaced by a semicolon – “visa” has the same meaning as in the Immigration Act 2022.
(b) in section 12, by repealing subsection (2) and replacing it by the following subsection – (2) A stateless person, or, where regulations are made under subsection (1), a national or citizen of a country specified in the regulations shall not be allowed to enter Mauritius unless he has obtained a visa.

40.
40.

Saving and transitional provisions (1) (a) Any person who, on 14 May 2015, has the status of resident pursuant to the acquisition of an immovable property from a company holding an IRS certificate or RES certificate under paragraph (b) or the Economic Development Board Act, shall continue to have the status of resident so long as he holds the immovable property.
(b) Notwithstanding the repeal of the provisions relating to the obtention of the status of resident by a person acquiring immovable property from a company holding an IRS certificate or RES certificate, those provisions shall continue to apply, in relation to that person, his spouse, his dependent child or other dependent of that person, so long as that person holds the immovable property.
(2) Where a non-citizen who, by virtue of being the holder of a work permit or being an exempt person under the Non-Citizens (Employment Restriction) Act, has been issued with a residence permit under the repealed Immigration Act or is issued with a residence permit under this Act marries, after the commencement of this Act, a citizen, the non-citizen shall be issued 43 with a temporary residence permit under this Act and his residence permit shall lapse.
(3) (a) A residence permit, a permanent residence permit, an occupation permit, a short-term occupation permit and a family occupation permit issued under the repealed Immigration Act shall be deemed to have been issued under this Act.
(b) An application for a residence permit other than a residence permit for a non-citizen spouse, a permanent residence permit, an occupation permit, a short-term occupation permit or a family occupation permit made prior to the commencement of this Act shall be dealt with in accordance with this Act.

(c) An application for a residence permit for a non-citizen spouse made prior to the commencement of this Act shall be dealt with in accordance with the repealed Immigration Act.
(4) The Register of non-citizens kept under the repealed Immigration Act shall be the Register of non-citizens to be kept under this Act.

(5) In this section – “repealed Immigration Act” means the Immigration Act repealed under section 38.
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