In Nandutu and Others v Minister of Home Affairs and Others (2019), the Constitutional Court decided that the requirement that foreign spouses or children of citizens or permanent residents must leave the country to apply for a change of visa status, is inconsistent with Constitution and unjustifiably limits the right to dignity and rights of children . It is therefore constitutionally invalid.
Interim relief was granted as well as an order of declaration of invalidity, which was suspended for 24 months.
The implication is that the persons listed above may apply for a change of visa status within the country.
For assistance with any Immigration matters please contact us.
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SA Immigration Law: Relevant and Interesting Cases Neutral citation: Nandutu and Others v Minister of Home Affairs and Others  ZACC 24 Heard on: 21 February 2019 Decided on: 28 June 2019 Summary: Immigration Regulations — validity of regulation 9(9)(a) — foreign spouses or children of citizens or permanent residents must leave the country to apply for a change of visa status — inconsistent with Constitution — unjustifiably limits right to dignity and rights of children — constitutionally invalid Interim relief — order of declaration of invalidity granted and suspended for 24 months — interim reading-in order granted.
Full text is here: www.saflii.org/za/cases/ZACC/2019/24.html