Global Migration Group—Final Newsletter for 2019
2019 has been an eventful year in the Immigration space in South Africa. There have been a minor law changes, a change of Minister after the May Elections and a number of issues which required litigation to be settled and clarified. 2020 will also be eventful, as Government has announced that there will be new Immigration Legislation and the Online Visitor Visa application process, which has been in the test phase this year, will be rolled out next year. As a business we have reviewed our operations, moved our Cape Town office and processing centre to 24 A Foregate Square, Heerengracht near the Waterfront in Cape Town and we will be offering more customised services based on client feedback and requirements. The Johannesburg Office remains at Albury Office Park in Dunkeld, Sandton area, which is opposite the Hyde Park shopping Centre and hotel complex. The Durban satellite office arrangement remains the same as before.
Law Changes: Amended regulations: The Immigration Regulations were amended on 13 September 2019 Implication for foreign adults travelling into and out of South Africa with minor children. The restrictions have been relaxed for foreigners bringing children into South Africa, but South African travelling abroad will still have to ensure that they have the required paperwork to prove that the child is travelling with the permission of both parents. A further amendment relates to couples who hold spousal visas – there is a requirement that holders of these visas report on a prescribed form after two years, that the relationship on which the visa was based, still exists. If this is not done, a basic condition of the visa will not be met, and the visa may be cancelled.
Court Cases: Asylum and refugee permit holders changing to temporary residence visas inside South Africa, without a passport: Following a Constitutional Court decision in Ahmed v The Minister of Home Affairs, asylum and refugee permit holders may change to a temporary residence visas inside South Africa, without a passport. Persons wanting to follow this route will first be required to submit a waiver request to the Minister, which they are entitled to do in terms of this ruling, and they will then be able to apply for any temporary residence visa for which they qualify. Change of condition from a Visitor visa (Section 11(1) to a Spousal Visa in terms of section 11(6) is now permitted following the court case Nandutu v The Minister of Home Affairs. For the full judgement see http://www.saflii.org/za/cases/ZAWCHC/2018/47.pdf