In the recent Mukuru decision of Mukuru Financial Services (Pty) Ltd and Another v Department of Employment and Labour, the Court had to consider the facts supporting the contention that Makuru had no option but to employ foreign nationals rather than South African citizens or permanent residents. Did this constitute unfair discrimination? Mukuru is a financial… Continue Reading
When is it unconstitutional that a spousal visa becomes invalid if the relationship ends?
A spousal visa allows a foreigner to live with a South African Citizen or permanent residence holder in South Africa on a temporary visa. s 11(6)(a) of the Immigration Act provides that a spousal visa shall only be valid while the good faith spousal relationship between the parties ‘exists’, and s 43(b) of the Act… Continue Reading
My asylum permit expired
My asylum permit expired and now I’m facing a fine even though all the refugee offices are closed. Source: Groundup The short answer You can approach one of the organisations that work with the United Nations High Commissioner for Refugees The whole question Dear Athalie My asylum seeker permit has a note saying that I… Continue Reading
What is the effect of divorce on a permanent resident permit?
A client asked: What is the effect of divorce on a permanent resident permit when a US citizen is married to a South African citizen and was granted permanent residency and a SA ID document on the basis of the marriage? Permanent residence under the spousal category is issued in terms of section 26(b) of… Continue Reading
Concourt takes compassionate approach to people who enter country unlawfully
17 January 2019 By Ohene Yaw Ampofo-Anti © 2019 GroundUp. This article is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. Asylum delayed is not (necessarily) asylum denied The Constitutional Court has ruled that if you delay applying for asylum, you don’t lose your right to do so. Archive photo: Ashraf Hendricks If a foreign national… Continue Reading
MARRIAGE, RELATIONSHIPS AND LIVING WITH YOUR PARTNER IN SOUTH AFRICA
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
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
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