IMMIGRATION ACT (as at 10th October, 2006) or (b) resides outside Zimbabwe on account of ill health or disability; or (c) resides outside Zimbabwe to attend any educational institution; or (d) resides outside Zimbabwe, having left Zimbabwe for a reason described in paragraph (a), (b) or (c) of subsection (1) of section 3 of the Refugees Act [Chapter 4:03]; or (e) who is the wife of a person referred to in paragraph (a), (b), (c) or (d), is absent from Zimbabwe for the purpose of being with him; shall not be taken into account for the purpose of determining the length of that person’s absence from Zimbabwe or that of a child under the age of eighteen years of that person who accompanies that person, nor shall such residence be regarded as evidence of an intention of making a home outside Zimbabwe. (6) A request made in terms of subsection (1) of section 13 of the Citizenship of Zimbabwe Act [Chapter 4:01] shall, for the purposes of this Act, be treated as a request made to the Minister in terms of subparagraph (ii) of paragraph (a) of subsection (4). 3A Marriages of convenience (1) Notwithstanding any other provision of this Act, if an immigration officer is satisfied that two persons, either or both of whom are not lawfully ordinarily resident in Zimbabwe— (a) have married each other primarily for the purpose of obtaining a right of entry into Zimbabwe for either or both of them; or (b) have married each other without any intention of living together as a married couple in Zimbabwe; those persons shall be deemed, for the purposes of this Act, not to be married to each other. (2) For the purpose of subsection (1), if two married persons have not lived together since their marriage ceremony was performed it shall be presumed, unless the contrary is shown, that they married each other without any intention of living together as a married couple. [Section inserted by s. 3 of Act 8/2000.] 4 Application of Act despite entry into Zimbabwe No person shall be exempted from the provisions of this Act or allowed to remain in Zimbabwe by virtue only of the fact that— (a) he had not been informed that he could not enter or remain in Zimbabwe; or (b) he had been allowed to enter or remain in Zimbabwe through error, oversight, misrepresentation or a contravention of this Act or a repealed Act; or (c) it had not been discovered that he was a prohibited person or an alien. PART II ADMINISTRATION 5 Chief Immigration Officer and immigration officers (1) For the purposes of this Act, there shall be— (a) a Chief Immigration Officer; and (b) such number of immigration officers as may be required; whose offices shall be public offices and form part of the Public Service. (2) The Minister may confer or impose all or any of the functions of an immigration officer in terms of this Act upon any person who is a police officer or any person who is -5 -