Act to amend the immigrationact, 2002, so as to provide foran adequate sanction for foreigners who have overstayed in the republic beyond the expiry date on their visa. The regulations provides more information on the processes to be followed when applying for a visa permit. New regulations also state that one cannot change from a visitors visa to another type of visa. Download the new regulations of 2014 here by robbie ragless.
Explanatory notes were introduced in 1999 and accompany all public acts except appropriation, consolidated fund, finance and consolidation acts. Visitors visa a a duly completed application form bi84 signed by. Amended by immigration amendment act of 2011 from 26 may 2014. South africas new immigration act summary may 2014. Given under my hand and the seal of the republic of south africa. Amended by nem laws 2nd amendment act 30 of 20 from 18 dec 2014. No fixed travel arrangements must be made prior to the issuing of the visa and five ten days must be allowed for the processing thereof. National environmental management act south african government. As reported in our previous alert dated 19 february 2014, the immigration amendment act was published in as early as august 2011. The immigration amendment act, no of 2011 act, and the new regulations under the act, provide for what is termed the undesirable person.
Please tick with l the correct box, where required. South africa s borders, once heavily guarded by government troops fighting african national congress guerillas, have proven to be an ineffective barrier to the recent surge. Immigration act south africa critical skills list 2014. The immigration landscape is changing in south africa and we would like to provide some perspective and clarity amongst all the confusion. The new 2014 critical skills list in support of the south african critical skills visa has been published in terms of section185 of the immigration act of south africa. If you are running a company and employ foreigners you should know about the recent changes in south african immigration law.
The below information is supplied by intergate immigration. The infrastructure development act 23 of 2014 aims. The deputy director of home affairs, jw mackay has issued a new directive on 2405 2014 stating that any foreigner leaving south africa with a expired visa and a submission receipt pending application at the department of home affairs that has not been approved will be deemed undesirable and be banned from south africa. South africa s new immigration act summary the below information is supplied by intergate immigration. There have been a number of changes to south africas immigration law over the past two years, triggered by amendments to the immigration act, no. The following are important information with regards to changes in south african immigration policies. South africas new immigration act for travelling with. South africas borders, once heavily guarded by government troops fighting african national congress guerillas, have proven to be an ineffective barrier to the recent surge.
Jun, 2014 the new laws and regulations governing those entering the country have not changed the entire south africa immigration landscape, however in their execution by the department of home affairs, they have caused confusion and sometimes havoc for both private person and the business sector alike. By virtue of the provisions of the immigration act 2015 and complemented by the immigration regulations 2017 and other legal statutes, the nigeria immigration service has performed its statutory responsibilities with the interest of prompt and timely delivery to our service seekers. Proof of kinship, within the second step, between the applicant and the citizen or permanent resident as contemplated in section 181 of the act in the form of. Foreign nationals departing south africa under an expired visa even with proof of a pending application at the dha will. All the new south african immigration laws and changes. Words in bold type in square brackets indicate omissions from existing enactments. In terms of section 12 of the immigration amendment act, 2007 act no. May 26, 2014 26 may 2014 to date immigration act of 2002 gazette no. Applications in south africa must now be submitted a minimum of 60 days prior to expiry of the current permit visa currently a minimum of 30 days. Text created by the government department responsible for the subject matter of the act to explain what the act sets out to achieve and to make the act accessible to readers who are not legally qualified. On 28 may 2014, egedaljohnson and her family left south africa. Foreign nationals departing south africa under an expired visa will be classified as an undesirable person and subject to mandatory fines.
National archives and record service of south africa act no. Immigration directive no 9 of 2014 new world immigration. Mar 20, 2014 immigration act south africa 2014 changes expected changes blog series part 3 release march 2014. The results of the 2011 data obtained from the department of home affairs on recipients of temporary and permanent residence permits have strengthened the position that information from this database could be used to produce an annual release on documented immigrants in south africa. To ensure access to justice and the realisation of the right of a person to have legal. The challenge of immigration policy in the new south africa kevin tessier south africas immigration policy is in a state of flux. The rising numbers of tourists contributed to our economy and south africa was a premium venue for large international events. Unlike the quota work permit, it allows the holder 12 months in which to confirm employment in south africa. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
Section 112 authorisation to work on a visitors visa in south africa please be advised that all applications for section 112 authorisations to work on a visitors visa will be in the form of an application for a visitors visa. The department of home affairs remains conspicuous by its silence as the immigration industry and potential migrants wait with bated breath for an update on the proposed regulation changes. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The act provides for a series of visas and permanent residence permits and if you hold any of these you status is determined by the type of visa or permanent residence.
South african weather service amendment act, act no. Essentially, a foreign national who falls within a category listed in s301 of the act can be declared by the department of home affairs dha as an undesirable person. The challenge of immigration policy in the new south africa. Breaking news alert may 2014 this alert applies to all foreign nationals applying for visas or permits of any description in south africa after monday the 26 th of may 2014 the minister of home affairs has on thursday the 22 nd may signed the immigration regulations which will empower the immigration amendment act of 2011 to come into operation on the monday the 26 th may. New immigration laws and regulations for south africa 2014. This was quite surprising for the public, of which most insiders were gearing up for the 2nd june 2014, and will probably result in chaotic situations within the. Be it enacted by the parliament of the republic of south africa, as follows.
Immigration amendment act parliament of south africa. The minister of home affairs has on thursday the 22 nd may signed the immigration regulations which will empower the immigration amendment act of 2011 to come into operation on the monday the 26 th may. Jun 06, 2014 the new 2014 critical skills list in support of the south african critical skills visa has been published in terms of section185 of the immigration act of south africa. Relatives permit in terms of section 181 read regulation. Immigration act south africa articles at immigration. Change of conditions and change of status under the south. The immigration act, no of 2002 provides for the regulation of admission of people and their departure from the republic. The immigration amendment act no 3 of 2011 and no 3 of 2007 have both become effective on 26 may 2014. Mar 14, 2017 the employment of foreigners in south africa the immigration act of 2002 is responsible for regulating foreign employment in the republic of south africa.
Kindly note that in terms of regulation 92 of the immigration act, act of 2002, each passport holder has to submit the application in person including children as of 01. Home affairs implemented new immigration laws and regulations in south africa as from the 26th may 2014 the department of home affairs has introduced the implementation of the new immigration act and regulations in south africa. New immigration regulations needs foreigners to act quickly. New immigration regulations needs foreigners to act. It is important to note that not all the immigration changes in the new law are bad.
Preamble substituted by section 1 of act 19 of 2004. Republic of south africa application for naturalisation section 5 of the south african citizenship act, 1995 dha63 bar code to be completed in full and submitted, together with dha1620, at the department of home affairs office. New immigration laws and regulations for south africa. Pdf icon south african language practitioners council act 8 of 2014. The department issued about 600 000 passports annually to citizens who want to travel. Immigration act of south africa this is the current version and applies as from 26 may 2014, i. A, mp mini i home affairs staatskoerant, 3 junie 2014 no. Immigration south africa articles at immigration lawyers. The act stipulates that anyone travelling to south africa or through it with children under 18 years must show a full unabridged birth certificate that means both parents full names need to appear on the birth certificate, as well as a valid passport. The challenge of immigration policy in the new south africa kevin tessier south africa s immigration policy is in a state of flux.
You will need to know these facts when you employ foreigners in your company. This application will be processed and once approved a visa will be affixed into the passport of the applicant. South africas new immigration rules aim to balance the need for better security with the contribution migration makes to economic development and prosperity, newly appointed home affairs minister malusi gigaba told journalists in pretoria on friday. Amendment of preamble to act of 2002, as substituted by section 1 of act 19 of 2004 i. Amended by immigration amendment act 3 of 2007 from 26 may 2014. South africa immigration act articles at immigration. On 22 may 2014, the president of the republic of south africa announced 26 may 2014 as the commencement date for the immigration amendment act, no of 2011 immigration amendment act. Some new requirements are in line with international.
On friday the 23rd may 2014 we received the new immigration laws, with an implementation date of monday the 26th may 2014. On the 16 th of may 2014 the president of south africa, jacob zuma, together with the minister of home affairs, naledi pandor signed off what will be the latest round of changes to the immigration regulations of south africa. Section i of the principal act is hereby amended a by the insertion in subsection i after the definition of admission of the following definition. B e it enacted by the parliament of the republic of south africa, as follows. Jul 26, 2019 immigration act of south africa this is the current version and applies as from 26 may 2014, i. The minister of home affairs has in terms of section 7 of the immigration act no of 2002 made available the immigration regulations.
The employment of foreigners in south africa immigration sa. Immigration to south africa youve made a decision to immigrate to south. Immigration act, south africa 2014 expected changes. The south african immigration act, 2010, has been approved and the date for commencement was communicated as of may 26, 2014. May 31, 2014 new immigration regulations needs foreigners to act quickly 31 may 2014 ralph m ertner if you are amongst those lucky foreigners in possession of a permanent residence permit, you may now skip to the next article, but if you are not and have not yet been arrested at or tambo for trying to depart on an expired visa, you should know the following. Immigration amendment act of 2011 south african government. Infrastructure development act 23 of 2014 south african government. Foreigners who intend to work in the republic of south africa, with or without. This alert applies to all foreign nationals applying for visas or permits of any description in south africa after monday the 26 th of may 2014. Jul 27, 2019 immigration act of south africa this is the current version and applies as from 26 may 2014, i. Here is a list of all the new south african immigration. In departing from south africa, the immigration officials at cape town international airport issued egedaljohnson with a form declaring her as an undesirable person since she had overstayed in the republic for a period of approximately 90 days. The form must be completed in black ink with block letters.
Immigration act south africa 2014 changes expected changes blog series part 3 release march 2014. Attorneys amendment act, 2014 act 40 of 2014 engafr. The deputy director of home affairs, jw mackay has issued a new directive on 24052014 stating that any foreigner leaving south africa with a expired visa and a submission receipt pending application at the department of home affairs that has not been approved will be deemed undesirable and be banned from south africa. Modern changes to south african immigration policies.
Change of conditions and change of status under the south african immigration act what you need to know. Amended by criminal law sexual offences and related matters amendment act 32 of 2007 from 16 dec 2007. Visitors visa a a duly completed application form bi84 signed by the applicant completed in black ink, see attachment. Constitution of the republic of south africa, 1996 act 108 of 1996 eng. The employment of foreigners in south africa the immigration act of 2002 is responsible for regulating foreign employment in the republic of south africa.
South africa has assumed obligations under various international human rights treaties with regard to the right to 3 th immigratione act of 2002 was published in government gazette no 23478 o 3f 1. South africa regulations to the immigration act, of 2011. May 30, 2014 new home affairs minister malusi gigaba has promised to crack down on illegal immigrants in line with amendments to the countrys immigration laws. Saqa means the south african qualifications authority established in terms of the national qualifications. The south african critical skills visa replaces the quota work permit and the exceptional skills permit. Justicelegislationacts administered department of justice. Employment services act, act 4 of 2014 department of labour.
Posts in the citizenship category at immigration lawyers. Although it has been two years since the law changed, some challenges continue to plague the south african immigration process. Any person applying this act must interpret its provisions to give effect to. This act lays out the rules and regulations for admission of foreigners into south africa, their residence in south africa and their departure from south africa as well as the ability for foreigners to work within the republic. Dissertation submitted in partial fulfilment of the. Unravelling south african immigration law caveat legal. Republic of south africa immigration act iriphabliki yaseningizimu afrika umtsetfo wetifikinamtfwalo no. New immigration laws and regulations for south africa 2014 gazetted. New south african immigration regulation comes into law. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders.929 1204 1278 883 445 1485 1272 340 812 876 682 562 1469 457 1534 1129 225 185 1121 1531 459 728 675 238 280 130 563 56 1579 1109 565 1232 1383 148 1411 747 962 915 192 577 568 477 1150 811 441 59 390 274 12