Post by Patrick on Jul 31, 2018 18:48:43 GMT 1
No longer 'aliens'
With new guidelines to be introduced to immigration laws, foreign spouses of Lankans finally feel they are not second class citizens
By Hiranthi Fernando
Foreign spouses of Sri Lankans living in this country are overjoyed. After long years of frustration at being treated like unwanted aliens by the immigration authorities, their rights are finally being considered. A new set of guidelines has just been approved by the Prime Minister and is awaiting implementation.
These guidelines seek to address some of the injustices the foreign spouses have suffered for many years for no other fault other than being married to a Sri Lankan and choosing to live in this country, rather than in their country of birth.
"Now we are happy," said Susanna Loos-Jayawickreme, who has been married to a Sri Lankan for nine years. "We will no longer have to trudge to the Immigration Department each year with a letter from our spouses to extend our visas for a further one year. We will now be able to obtain a work permit. After a certain period of marriage and living in Sri Lanka we can get permanent residence. We are indeed happy that the Prime Minister has taken a personal interest in the matter."
It is estimated that there are about 2000 foreign male spouses and 5000 female spouses married to Sri Lankans resident in Sri Lanka. They do not have a formal association but some of them meet once a month and welcome anyone who wishes to attend their meetings.
When the government slapped an annual visa fee of Rs. 20,000 on the foreign spouses in the March 2001 budget, they protested and implementation of the visa tax was suspended. The foreign spouses then decided that it was time they appealed against the difficulties and injustices they suffered. A formal appeal was lodged with the Human Rights Commission of Sri Lanka in January this year.
"It took us 1 1/2 years to achieve something," said Gunn Pieris, who is married to a Sri Lankan for 41 years and has lived here since her marriage. Throughout this period, she has had to go to the Immigration Department year after year, with all her documents, to renew her temporary residence visa. This includes a letter from the Sri Lankan spouse to say he has no objection to her staying on. "I have lived here for 41 years. If I go to Norway, where I was born, I do not get any benefits because I am not a tax payer there. So we are floating, without a vote in Sri Lanka or in our country of birth," Mrs. Pieris said.
"Some foreign wives have husbands who do not earn large salaries but they are not allowed to work here to supplement the family income. Even voluntary, unpaid work is not allowed. It is also a loss of manpower," she added.
"Most of us have integrated in Sri Lanka, learning the language and culture," Suzanna Jayawickreme said. Suzanna who was Editor of a newspaper in Germany has had a restricted work permit and has done the occasional feature article for local newspapers. "We are promoting Sri Lanka abroad, and helping in local charities but we have been treated worse than second class citizens. Even at the Immigration Department, where we have to go for our visas we have been treated very shabbily. However, things are changing now. With the current Controller of Immigration, the people in charge are looking at our situation in a more positive manner and treating us as human beings."
Both Suzanna Jayawickreme and Gunn Pieris are part of the foreign spouses committee that had several meetings in the Prime Minister's office with Mr. Bradman Weerakoon and Mr. Mervyn Wijesekera, Controller of Immigration and Emigration. The need to make changes in the Immigration Guidelines was acknowledged by the authorities.
"The Prime Minister was very keen that the guidelines be changed and implemented soon," Mr. Bradman Weerakoon, Secretary to the Prime Minister said. He felt that the old regulations were very harsh. "The foreign spouses were living here, almost on sufferance. These are people married to Sri Lankans and they should be made welcome."
Controller of Immigration and Emigration Mr. Mervyn Wijesekera, said a few matters need to be sorted out and some amendments may be needed in the Immigration Act as regards the period of the Residence Visas. He said action is being taken to publish the new set of guidelines soon.
According to the draft of the new guidelines, Residence Visas will be issued to eligible spouses initially for a period of two years. At the end of two years, given that the required conditions are satisfactorily fulfilled, a five-year Residence Visa will be issued. Further, at the end of the 7 year period of duration of the union, no further renewals would be necessary and the holder would be deemed to have acquired Permanent Residence Visa status.
Provision has also been made for divorcees or widows to reapply for Residence Visas. The period of stay of the visa holder in Sri Lanka, the age, number of children and the status of children of the union and the extent of material property belonging to the visa holder are factors that would guide the Controller in granting these visas. Under the old guidelines, widows and divorcees have no reason to stay on in the country. "The visas of divorcees will be decided case by case, while widows will get the same visas as the spouses," Suzanna said. "It is a more humane approach."
Another problem the foreign spouses often face is being charged tourist rates at the Cultural Triangle and other places of interest in Sri Lanka. They hope that an identity card system could be worked out for such purposes. "They often do not believe us when we say we are married to a Sri Lankan," Mrs. Pieris said. "The wildlife parks accept the driving licence as proof of residence but there are no definite guidelines given to the officials at the Cultural Triangle sites. When the question of Dual Citizenship comes up, our request is that we be charged a nominal amount and not lakhs of rupees because many of us cannot afford it. We depend on the income our husbands earn in Sri Lanka."
"We need to have the guidelines eventually incorporated into the law so they cannot be changed easily," Suzanna Jayawickreme said. "The next stage in the discussions will be regarding dual citizenship and citizenship and inheritance rights for the children. Many young Sri Lankans who marry foreigners have opted to settle abroad because the situation here was difficult for the foreign spouses. We want to make it better for young people who marry Sri Lankans and want to settle here."
With new guidelines to be introduced to immigration laws, foreign spouses of Lankans finally feel they are not second class citizens
By Hiranthi Fernando
Foreign spouses of Sri Lankans living in this country are overjoyed. After long years of frustration at being treated like unwanted aliens by the immigration authorities, their rights are finally being considered. A new set of guidelines has just been approved by the Prime Minister and is awaiting implementation.
These guidelines seek to address some of the injustices the foreign spouses have suffered for many years for no other fault other than being married to a Sri Lankan and choosing to live in this country, rather than in their country of birth.
"Now we are happy," said Susanna Loos-Jayawickreme, who has been married to a Sri Lankan for nine years. "We will no longer have to trudge to the Immigration Department each year with a letter from our spouses to extend our visas for a further one year. We will now be able to obtain a work permit. After a certain period of marriage and living in Sri Lanka we can get permanent residence. We are indeed happy that the Prime Minister has taken a personal interest in the matter."
It is estimated that there are about 2000 foreign male spouses and 5000 female spouses married to Sri Lankans resident in Sri Lanka. They do not have a formal association but some of them meet once a month and welcome anyone who wishes to attend their meetings.
When the government slapped an annual visa fee of Rs. 20,000 on the foreign spouses in the March 2001 budget, they protested and implementation of the visa tax was suspended. The foreign spouses then decided that it was time they appealed against the difficulties and injustices they suffered. A formal appeal was lodged with the Human Rights Commission of Sri Lanka in January this year.
"It took us 1 1/2 years to achieve something," said Gunn Pieris, who is married to a Sri Lankan for 41 years and has lived here since her marriage. Throughout this period, she has had to go to the Immigration Department year after year, with all her documents, to renew her temporary residence visa. This includes a letter from the Sri Lankan spouse to say he has no objection to her staying on. "I have lived here for 41 years. If I go to Norway, where I was born, I do not get any benefits because I am not a tax payer there. So we are floating, without a vote in Sri Lanka or in our country of birth," Mrs. Pieris said.
"Some foreign wives have husbands who do not earn large salaries but they are not allowed to work here to supplement the family income. Even voluntary, unpaid work is not allowed. It is also a loss of manpower," she added.
"Most of us have integrated in Sri Lanka, learning the language and culture," Suzanna Jayawickreme said. Suzanna who was Editor of a newspaper in Germany has had a restricted work permit and has done the occasional feature article for local newspapers. "We are promoting Sri Lanka abroad, and helping in local charities but we have been treated worse than second class citizens. Even at the Immigration Department, where we have to go for our visas we have been treated very shabbily. However, things are changing now. With the current Controller of Immigration, the people in charge are looking at our situation in a more positive manner and treating us as human beings."
Both Suzanna Jayawickreme and Gunn Pieris are part of the foreign spouses committee that had several meetings in the Prime Minister's office with Mr. Bradman Weerakoon and Mr. Mervyn Wijesekera, Controller of Immigration and Emigration. The need to make changes in the Immigration Guidelines was acknowledged by the authorities.
"The Prime Minister was very keen that the guidelines be changed and implemented soon," Mr. Bradman Weerakoon, Secretary to the Prime Minister said. He felt that the old regulations were very harsh. "The foreign spouses were living here, almost on sufferance. These are people married to Sri Lankans and they should be made welcome."
Controller of Immigration and Emigration Mr. Mervyn Wijesekera, said a few matters need to be sorted out and some amendments may be needed in the Immigration Act as regards the period of the Residence Visas. He said action is being taken to publish the new set of guidelines soon.
According to the draft of the new guidelines, Residence Visas will be issued to eligible spouses initially for a period of two years. At the end of two years, given that the required conditions are satisfactorily fulfilled, a five-year Residence Visa will be issued. Further, at the end of the 7 year period of duration of the union, no further renewals would be necessary and the holder would be deemed to have acquired Permanent Residence Visa status.
Provision has also been made for divorcees or widows to reapply for Residence Visas. The period of stay of the visa holder in Sri Lanka, the age, number of children and the status of children of the union and the extent of material property belonging to the visa holder are factors that would guide the Controller in granting these visas. Under the old guidelines, widows and divorcees have no reason to stay on in the country. "The visas of divorcees will be decided case by case, while widows will get the same visas as the spouses," Suzanna said. "It is a more humane approach."
Another problem the foreign spouses often face is being charged tourist rates at the Cultural Triangle and other places of interest in Sri Lanka. They hope that an identity card system could be worked out for such purposes. "They often do not believe us when we say we are married to a Sri Lankan," Mrs. Pieris said. "The wildlife parks accept the driving licence as proof of residence but there are no definite guidelines given to the officials at the Cultural Triangle sites. When the question of Dual Citizenship comes up, our request is that we be charged a nominal amount and not lakhs of rupees because many of us cannot afford it. We depend on the income our husbands earn in Sri Lanka."
"We need to have the guidelines eventually incorporated into the law so they cannot be changed easily," Suzanna Jayawickreme said. "The next stage in the discussions will be regarding dual citizenship and citizenship and inheritance rights for the children. Many young Sri Lankans who marry foreigners have opted to settle abroad because the situation here was difficult for the foreign spouses. We want to make it better for young people who marry Sri Lankans and want to settle here."
