Le régime juridique des étrangers au Cameroun

Paragraph 2 - Legal conditions of the stay

According to cases', the non-national ones must be provided with certain parts which are distinguished according to the legal category to which they belong and with the duration of their stay (A). These coins enable them to move in accordance with the rules relating to circulation interns (B).

A) Parts required

It is of the residence permit, the chart of resident and the chart of refugee.

Articles 17 and 18 of the text of 1997 regulate obtaining the residence permit. It is granted the abroads entered regularly on the territory and authorized to remain there for one duration two years and lower than six years. However, the students (whatever the duration of the stay relating to their number of years of studies) and training expatriates (training courses of long duration) can claim only with one residence permit. The validity of the residence permit is two years renewable. The finance law into fixed the amount of delivery and renewal.

The foreigner who justifies of an uninterrupted residence of at least six years in Cameroun and conforms to the laws and payments, profits from the chart of resident for one ten years duration renewable. It has in addition been delivered automatically with the immigrant married for at least ten eight months with a person of nationality Cameronian and justifying of a regular residence in Cameroun under respect of certain conditions^77(*). Under the terms of articles 20 and 21 of the law of 1997, the members of the religious congregations duly recognized in Cameroun also profit from it. Under the terms of his article 26, the minor of less than 18 years is also authorized to have a chart of resident. The applicants must spend between sixty thousand and seven hundred and thousand francs CFA with the general Delegation with the national safety of Cameroun (DGSN) in order to obtain a chart of resident. However, articles 22 and following same text, specify that obtaining this chart is not an absolute right for the immigrants especially when they constitute a threat for the safety and the law and order of the State.

Article 27 lays out that the chart of refugee is delivered only with the people who profit from the right of asylum. Its duration is two years renewable.

The foreigner who satisfies these rules has already a legal guarantee to move freely inside the national borders.

B) Circulation inside the borders

It is article 28 of the same law which determines freedom to go and to come in the territory. It states to this end that « subject to the provisions and measurements necessary to the maintenance of safety and law and order, the movement from abroad on the own territory does not comprise any restriction, provided that the foreigners satisfied the conditions of entry and stay. However, in the event of change of locality inside the own territory, any foreigner admitted to remain or reside is held to announce it to the proper authorities at the time of his departure of the old locality, and, under about eight, on arrival with the new locality ».

It is thus recognized in Cameronian right freedom to move inside the territory. The only possible limitations envisaged by the law exist only for reasons related to the defense of the safety of L `State. This is why, the foreigner who does not respect the legislation on the stay, and worse still, which violated the texts relating to immigration, is punished penally, such as it arises from articles 40 and following of the law of 1997.

Moreover, the sanctions can sometimes lead to the obligation made to the clandestine and foreign immigrants irregular, in short with « without papers », to leave the territory definitively.

Paragraph 3 - Legal conditions of the emigration

We can retain the two principal shapes of exit from abroad of the own territory. It acts initially, of the exits which we describe of normals or volunteers, in what they emanate from his wish ; it is the principle (A). In the second place, we note the case of the exits which we regard as being exceptional considering they are independent of the free will of the immigrant who is constrained from to go away for various reasons (B).

* ⁷⁷ These conditions are in particular  :

- That the union between the husbands did not cease at the time of the delivery of the chart of resident,

- that the spouse preserved Cameronian nationality,

- that the marriage was transcribed on the registers of Cameronian marital status.