Since
news of the changes to the South African immigration regulations were
circulated in June (copied below for reference), many Zimbabwean's are unsure
how the changes affect us. Coming out of a meeting with the Consular Section of
the South African Embassy this week, we can provide some clarification:
Regulations for travelling with children:
The
Department of Home Affairs, South Africa, has provided a grace period to allow
children to travel without unabridged birth certificates until 30 September 2014.
In
the meanwhile, organisations travelling with minors, such as on schools tours,
should carry the following: A letter from the head listing the students,
accompanied by a copy of each parents consent form. The Consular Section has
offered to assist groups that are travelling by communicating with their
counterparts at the point of entry (e.g. Beitbridge and OR Tambo Airport) prior
to travel. For assistance call the SA Embassy on (04) 706136 and speak to the
Consular Section.
Applying
for visas/permits:
The
regulations detailed in the below circular of 9 June 2014, have come into
effect. However, there is no change for Zimbabwean's entering South Africa for
less than 90 days. Quoted from a document issued by SA Home Affairs “The
citizen who is the holder of a national passport (diplomatic, official or
ordinary) of the following countries … is not required to hold a visa in
respect of purposes for which a permit may be issued … for an intended stay of
90 days or less and when in transit:” The list goes on to include Zimbabwe.
In
summary, a holder of a Zimbabwean passport is not required to hold a visa when
reporting to an immigration officer at a South African port of entry, for an
intended stay of 90 days or less, or in transit.
We
hope this guides your readers.
Regards
… Sean - Big Sky
Please
find the information as stated in the new South African immigration
regulations:
Regulation
6:
(12)(a)
Where parents are travelling with a child, such parents must produce an
unabridged birth certificate of the child reflecting the particulars of
the parents of the child.
(b) In the case of one parent travelling with a child, he or she must produce
an unabridged birth certificate and-
(i) consent in the form of an affidavit from the other parent registered as a
parent on the birth certificate of the child authorising him or her to
enter into or depart from the Republic with the child he or she is
travelling with;
(ii) a court order granting full parental responsibilities and rights or legal
guardianship in respect of the child, if he or she is the parent or legal
guardian of the child; or
(iii) where applicable, a death certificate of the other parent registered as a
parent of the child on the birth certificate;
Provided
that the Director-General may, where the parents of the child are both
deceased and the child is travelling with a relative or another person
related to him or her or his or her parents, approve such a person to enter
into or depart from the Republic with such a child.
(c)
Where a person is travelling with a child who is not his or her biological
child, he or she must produce-
(i) a copy of the unabridged birth certificate of the child;
(ii) an affidavit from the parents or legal guardian of the child confirming
that he or she has permission to travel with the child;
(iii) copies of the identity documents or passports of the parents or legal
guardian of the child; and
(iv) the contact details of the parents or legal guardian of the
child, Provided that the Director-General may, where the parents of the
child are both deceased and the child is travelling with a relative or
another person related to him or her or his or her parents, approve such a
person to enter into or depart from the Republic with such a child.
(d) Any
unaccompanied minor shall produce to the immigration officer-
(i) proof of consent from one of or both his or her parents or legal guardian,
as the case may be, in the form of a letter or affidavit for the child to
travel into or depart from the Republic: Provided that in the case where
one parent provides proof of consent, that parent must also provide a copy
of a court order issued to him or her in terms of which he or she has been
granted full parental responsibilities and rights in respect of
the child;
(ii) a letter from the person who is to receive the child in the Republic,
containing his or her residential address and contact details in the
Republic where the child will be residing;
(iii) a copy of the identity document or valid passport and visa or permanent
residence permit of the person who is to receive the child in the
Republic; and (iv) the contact details of the parents or legal guardian of
the child.
New South African Immigration
Regulation Comes Into Law
After
months of speculation and anticipation, the Department of Home Affairs has made
the new immigration laws official
President
Jacob Zuma and the Minister of Home Affairs, Naledi Pandor, signed off on new
immigration regulation on Friday, 16 May 2014 in a move that marks the first
time since 2004 that the law has been adjusted. The changes officially
came into effect on Monday, 26 May, and the amendments to the act affect
foreigners looking to visit, study, work, live and own a business in South Africa.
In an
effort to shed some light on the repercussions, we have consulted with some
immigration experts to take a look at some of the major official changes to the
immigration laws. As the initial government gazette that stipulated the
modifications was over 272 pages long, many of the amendments are yet to be
clarified, so we will continue to update the page as the information is made
available, so subscribe to our newsletter for the latest
developments.
NEW SOUTH
AFRICAN IMMIGRATION LAWS
Applying
for Visa/Permits
- The Department of Home Affairs
(DHA) has officially outsourced the handling and processing of visa
applications to a company called Visa Facilitation Services
(VFS).
How Will
the VFS Process Applications?
- The VFS will be opening 11
offices, which will be referred to as Visa Application Centres (VACs),
around South Africa beginning on 2 June 2014.
- The centres will be opening in
these cities and towns on the following dates:
|
CITY
|
ADDRESS
|
OPENING DATE
|
|
Pretoria
|
Cherry Lane Office Park, 1st Floor, 114
Fehrsen Street, Nieuw Muckleneuk, Brooklyn
|
2 JUNE 2014
|
|
Rustenburg
|
Von Wielligh 26, Bo Dorp
|
2 JUNE 2014
|
|
Kimberley
|
Unit 3, Building 2, Agri Office Park, N12
|
2 JUNE 2014
|
|
Durban
|
Suite 3, Silver Oaks, Ground Floor 36 Silverton
Road, Musgrave
|
9 JUNE 2014
|
|
Bloemfontein
|
Suite 4, The Park, 14 Reid Street, Westdene
|
9 JUNE 2014
|
|
George
|
Unit 5, Royal Eagle, 5 Progress Street
|
9 JUNE 2014
|
|
Johannesburg
|
1st Floor Rivonia Village, Cnr Rivonia
Boulevard and Mutual Rd
|
18 JUNE 2014
|
|
Cape Town
|
21st Floor, 2 Riebeek Street, Absa Building
|
20 JUNE 2014
|
|
Polokwane
|
Shop 13, Thornhill Shopping Centre, Cnr
Veldspaat & Munnik avenues, Bendor
|
23 JUNE 2014
|
|
Nelspruit
|
Office 5F, Nedbank building, 30 Brown Street
|
23 JUNE 2014
|
|
Port Elizabeth
|
Office 7D, 1st Floor Moffet on Main, Cnr
17th Ave and Main Road, Walmer
|
23 JUNE 2014
|
- At the VACs, applicants will
submit their applications and biometric data for processing.
- Once the applications have been
thoroughly checked, they will then be scanned and forwarded to the Head
Office of Home Affairs in Pretoria.
- The VFS will operate strictly as a
processing operation and will not offer potential immigrants any advice on
immigration rules etc. Therefore, prospective immigrants will still
have to seek advice from immigration consultants, and the consultants will
be able to accompany applicants.
- Zimbabwe nationals on Special
Dispensation for Zimbabweans Project, Asylum and Refugee cases will still
be directly handled by the Department of Home Affairs.
- The VFS does not have
the authority to grant or refuse visas as that decision still lies with
the DHA.
- The VFS will charge an additional
service fee of R1350 incl. VAT per application. (Do note that this amount
excludes the standard DHA application fee.)
- Submission timings are between 8am
and 4pm (Monday to Friday)
Changing
to Another Visa Whilst in South Africa
- New regulations also state that
one cannot change from a Visitor’s Visa to another type of visa;
these applications for change of conditions must be made at a mission
abroad, i.e. an embassy or consulate, where the applicant is an ordinary
resident or holds citizenship.
- However, exceptional circumstances
include if an applicant is in need of life saving medical treatment or is
an accompanying spouse or child of a business or work visa holder who wish
to apply for a study or work visa
Life
Partner and Spousal Visas
- Spouses and life partners looking
to apply for temporary or permanent residency in South Africa based on a
spousal or life partner visa will need to prove that they have been
together for two years.
- The ‘relationship-proving’ time
period was significantly reduced from the proposed five year period stated
in the draft regulations after the Department of Home Affairs (DHA)
received immense pressure from the public to do so.
- If a partner or spouse was in a
previous marriage, it is necessary to provide official documents that
prove the dissolution of such marriage either by divorce or the death of
the other spouse.
- The updated regulations also state
that life partners will need to attend separate but simultaneous
interviews to determine the authenticity of the existence of their
relationship.
Eradication
of Exceptional Skills and Quota Permit Categories
- The DHA has officially eradicated
the Exceptional Skills and Quota permit categories
- It is unclear whether those who
have submitted an application under one of these categories will still
have their application processed. Consult your nearest DHA branch for
specifics.
- Current Exceptional Skills and
Quota Permit holders will not be able to renew their permits going
forward.
Renewing a Visa Whilst in South Africa
- Those looking to renew their visa
while in the country must do so 60 days before the current one
expires. This change was reportedly made due to the DHA’s inability
to process an application in the previous time period (30 days).
General
Work Visa
- Applications for this visa will
have to include a certificate from the Department of Labour confirming the
following:
- despite a
thorough search, the prospective employer could not find a South African
employee with the skills and experience equivalent to those of the
applicant.
- the applicant
has proven skills and experience in line with the job offer.
- the salary and
benefits of the applicant are not inferior to those of citizens or
permanent residents.
- the contract
signed by both the employer and applicant stipulates conditions that are
in line the labour laws of South Africa.
- You will also need a document to
prove that your qualifications have been approved by the South African
Qualifications Authority (SAQA). This document must be translated into one
of the official languages of South Africa by a sworn translator
- The work visa will be valid for a
maximum of five years.
Scarce/Critical
Skills Work Visa
- The introduction
of this visa has not been made clear and there is no official list of what
exactly constitutes a scarce skill; meaning, at this moment in time, it’s
actually not possible to submit an application within this category.
- This visa will
replace the Exceptional Skills and Quota Visas.
Visitor’s
Visa
- Visitor’s Visa holders who wish to
change the terms or status of their visa must submit an application no
less than 60 days prior to the current visa’s date of expiration.
- Those wishing to extend a stay for
longer than three months must provide a police clearance certificate from
their home country.
- Is it no longer possible to change
from a Visitor’s Visa to another visa category within South Africa.
Business
Visas
- It will now be a requirement for
businesses to get a recommendation letter from the Department of Trade and
Industry (DTI).
- The DTI will conduct a thorough
and forensic assessment of the feasibility of the business entity as well
as the contribution to the national interest of South Africa.
- Experts fear that this assessment
could cause major delays in the process.
- A minimum amount of cash that will
need to be invested into South Africa will be determined by the Minister
of Labour after consulting with the Minister of Trade and Industry.
- Any accountant registered with the
South African Institute of Professional Accountants or the South African
Institute of Chartered Accountants can verify the availability of funds
for a business visa. Previously, this would have to have been done by a
chartered accountant (not just any professional accountant).
- 60% of the business owner’s
workforce must be South African or must be permanent residents employed in
various positions.
- Business visas will be granted for
no longer than three years at a time
- No business visa will be issued to
a foreigner who intends to establish or invest in a business that is
listed as undesirable business undertaking.
Intra
-Company Visas
- The employee in
question must be employed with the foreign office/ business for a minimum
of six months before being eligible for transfer to South Africa.
- This visa will
now be available for four years but is non-renewable.
Study
Visa/ Exchange Visa
- Holders of a Study Visa may not
conduct part-time work exceeding 20 hours of labour a week.
- Both Study and Exchange Visas will
only be issued for the duration of the study period or exchange programme
respectively.
- An exchange visa (for persons
under 25 years) will not be granted to conduct work pertaining to an
undesirable work as published by the Minister in the gazette, after
consultation with the Minister of Trade and Industry.
Retirement
Visa
- An application
must be accompanied by a police clearance certificate.
- Applicants will
no longer need to prove a minimum monthly income of R20, 000 per person
from a source other than work; rather, the sum will still be determined by
the combination of assets realizing, per month, determined from time to
time by the Minister of Labour.
Asylum
Transit Visa
- An Asylum
Transite Visa issued at a port of entry will be valid for a period of 5
days to enable the holder to report at a nearest Refugee Reception Office.
Fines
- Fines will no longer be
charged for overstaying. Persons who overstay for a prescribed number
of times will be declared as undesirable.
2 June
2014
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