What options are there for the foreign national in a relationship with a South African? Not a week goes by without my office getting an inquiry from a South African who is at his (or her) wit’s end because their foreign partner or spouse, either does not have a permit or is travelling in and… Continue Reading
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THE NEW IMMIGRATION AMENDMENT ACT, 2011 – SHORT TERM PROSPECTS?
The 2007 and 2011 Amendments to the Immigration Act, along with a wholly revised set of regulations were promulgated on Thursday 22 May and came into effect on Monday 26 May 2014. IS THIS GOOD NEWS OR BAD NEWS? I think for now that we need to focus on the short term impact of the… Continue Reading
New Problems for Work Permits
The Immigration Amendment Act came into operation on 1 July 2005. Along with it came a new body of regulations, requirements – and forms. These have introduced a number of important changes for persons wishing to apply for work permits. New Problems for Work Permits Chris Watters, Attorney Member of Law Society of Northern… Continue Reading
Difficulties currently being experienced
Probably one of the most predominant difficulties currently being experienced by applicants relates to the knock on effect of the centralization of permanent residence permit decision making, which came into effect on 1 June 2005 when the Minister of Home Affairs withdrew the delegation of this function from the regional offices and Consular Missions worldwide… Continue Reading
Visas and entry into South Africa
This article deals with the grant of visas to visitors to South AFrica Visas and entry into South Africa Chris Watters In what is the basic confirmation of the principle of national sovereignty and that the Government has the right to determine who may and may not be admitted to the Republic, section 11(1)(a) of… Continue Reading
Another Lifeline for Asylum Seekers
The manner in which asylum seekers are dealt with by the Department of Home Affairs continues to be a matter of some considerable embarrassment. Asylum seekers claim that the Department persistently sends out signals that asylum seekers are not welcome in South Africa, that the Republic has other priorities. Another Lifeline for Asylum Seekers … Continue Reading
Retiring In South Africa
The advent of the Immigration Amendment Act number 19 of 2004 and the new Immigration Regulations gazetted into effect under Government Notice 27725 on 1 July 2005 has heralded in a very different scenario in terms of making South Africa a retirement destination of choice. Retiring In South Africa A Perspective In Terms of… Continue Reading
Limiting the right of refugees to seek employment
The court held that refugees cannot seek work in the private security industry. Limiting the right of refugees to seek employment Chris Watters Member Immigration, Nationality and Refugee Law Committees, LSNP AND LSSA The fragile position in the economy of many refugees [that is, persons who have been formally recognized as such by the Department… Continue Reading
PAIA Requests and Home Affairs
Ultimately, one of the purposes of the access to information which is held by the state, as provided by the Promotion of Access to Information Act, 2 of 2001, [“PAIA”], is to obviate unnecessary litigation and the accompanying waste of State and other resources. Section 25(1) of PAIA provides that “the information officer to whom… Continue Reading
Bringing Your Foreign Spouse to South Africa
For purposes of immigration law there is no distinction between married and unmarried couples nor is there a permissible distinction arising from the couple’s sexual orientation. The key issue for the Department of Home Affairs, in this regard, is whether or not the couple are in a relationship that is monogamous, is in good faith… Continue Reading