Sunday, January 12, 2020

Home Affairs on immigration amendment acts and regulations South African Government

The publishing of the critical skills list was an essential aspect of president Cyril Ramaphosa’s plan to draw much-needed professionals to South Africa. Companies have run into frustrating hurdles with these visa types over the last few months as the department dithered with systems and shifted processes around. Businesses have described getting the necessary visas for foreign workers in the country as a nightmare. He claimed that depending on the type of visa being processed, different turnaround times apply. According to him, business and general work visas often take 8 to 14 weeks to process whereas key skills visas typically take 4 to 10 weeks. Clients that choose to utilise the services of an immigration company should ensure that they deal with an organisation that has registered immigration practitioners.

He further detailed the importance of meeting all documentation requirements by both the applicant and the employer, to ensure a positive outcome with a Critical Skills Work Visa application. Mr. Makhalemele explained how the methodology used, gave way to occupations that have been critical in our country for some time, but were not included on the previous list. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. Those constitutional rights must be a factor into the decision making by the authorities by law. In the case of being declared as “undesirable”, this means that the decision maker has to consider if the Right of Administrative Justice wasn’t violated and if the declaration would lead to an intolerable situation which contradicts the constitutional rights.

THE DEPARTMENT OF HOME AFFAIRS IMMIGRATION MANDATE

In the case of divorce, where custody of a child/children is shared, parental consent by both parents is required. The requirements for children travelling to or from the Republic of South Africa are aimed at giving effect to the Children’s Act, 2005. Just before the new regulations were implemented, the Department then released a directive stating that all those with pending applications are also going to be declared undesirable if they fly out of the country on an expired permit. The biggest problem we are currently facing is the fact that people are being declared undesirable. Previously, if one overstayed their welcome, they could pay a fine upon departure, and those who had pending permits could travel in and out of the country freely with the Acknowledgement of Receipt.

We wish to remind citizens that there are foreign nationals who are in the country legally and are allowed to conduct business in terms of the applicable laws of the country. As such, they should not be unfairly targeted simply on the basis of their nationality. Parental Consent Affidavit is an affidavit which must accompany a Birth Certificate or Equivalent Document when any parent is not travelling with his or her child.

Government Gazette — Home Affairs

We are able to assist with all permit and visa applications for both corporates and individuals. Further we have to date submitted applications in over 40 countries around the world and are able to make submissions on a worldwide basis. The deportation of the 20 foreign nationals followed due process and was confirmed by the court on 02 and 03 November 2020 in terms of the immigration laws of the country. The affected foreign nationals have already been transferred to Lindela Repatriation Centre for deportation purposes. Where a Parental Consent Affidavit is presented, also required are full contact details and copies of the identity documents or passports of the parents or legal guardian/s of the child. Where only one parent’s particulars appear on the UBC or equivalent document, no parental consent affidavit is required when that parent travels with the child.

south african home affairs immigration

These measures will ensure the balance between national security and economic interests of the country. The law, as amended, will remain with adjustments to be made in implementation, to make it easier for people to comply. At the offices, Ravele demanded that the woman pay R300 gratification, which she did. The Musina Magistrate’s Court found Ravele guilty of taking a R300 bribe from a foreign national. Spokesperson for the Directorate for Priority Crime Investigation in Limpopo Captain Matimba Maluleke said that the incident occurred in October 2017.

Department of Home Affairs

Complete all forms received and prepare your supporting documents per guidelines. The Department of Home Affairs has started the process of deporting 20 foreign nationals who were part of the asylum seekers and refugees who were protesting in Cape Town. Temporary Residence Visa - EnquiriesThis email address is being protected from spambots. A South African Embassy in the traveller’s country of residence may be approached to commission the oath or solemn declaration required in the Affidavit free of charge.

south african home affairs immigration

Child-travel requirements for outbound travelling will stay, including proof of parental relations through unabridged birth certificates, and, as necessary, parental consent. In respect of inbound travel where visas are required, it will still be required that original birth certificates and, as necessary, parental consent or certified copies are submitted during the visa application process. Requirements regarding unaccompanied minors will remain, like providing copies of the identity document or valid passport and visa or permanent residence permit of the person who is to receive an unaccompanied minor. 2.4 In the case of school tours, the parental consent affidavit may be replaced with an affidavit from the school principal confirming that all consent letters are held by the school. This special dispensation applies to all schools registered with the Department of Basic Education and its equivalent abroad. Where applicable, an adoption order, court order granting full parental responsibilities or a death certificate must be produced.

Further to the updated application procedure notice below, please be advised that the office will re open on 29 MARCH 2021. We welcome the opportunity to consult with you as to your eligibility for a visa /permit and answer any questions you may have with no obligation. Both Ms Bukuru and Mr Balous have exhausted their internal remedies and their applications for asylum have been rejected. The couple have flatly rejected integration option into local communities demanding instead, relocation to a third country, preferably to Canada, by the United Nations High Commissioner for Refugees .

south african home affairs immigration

The funds would be used to employ additional lawyers on a temporary basis to assist in the asylum processes. Ms Aline Bukuru, a director of NGO Woman and Children at Concern, and 11 other foreign nationals are scheduled to reappear in court on Friday, 06 November 2020. Zimbabweans were dreading spending Christmas in their home country as the Home Affairs Department was to put an end to the exemption permits. The care of a child and youth care centre following an order of a court in terms of that Act or the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or temporary safe care. The audience at the mobility conference was comprised of leading professionals in the mobility and immigration industry.

Mr. Makhalemele, graciously answered all questions posed to him which provided much need clarification. A foreigner has also the Right of Administrative Justice , which protects the foreigner against unreasonable delay at executing the application by the authorities or being ignored completely without any reason. Therefore, by not making a decision of a pending application the Constitutional rights of a foreigner is violated. However, foreigners have the right to freedom of movement and to leave South Africa with their own intention, as long as they are legal foreigners.

south african home affairs immigration

Print parents’ details in their passports so that they do not have to carry birth certificates. 3.4 When a person is travelling with a child who is not his or her biological child, such child must produce a valid passport, a BC or Equivalent Document and Parental Consent Affidavit or adoption order. The Constitutional court already interpreted the term “everyone” in the way that foreigners are included. As a result, foreigners are protected by the constitutional rights except the rights which explicitly uses the term “citizens”.

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