Immigrants can choose between temporary residence visas and permanent residence permits. These permits are forwarded to this office for onward transmission to applicants. South african immigration law aims to protect the health and security of south africans, as well as their rights to employment opportunities in the country. The immigration regulation act is passed in south africa. Immigration and citizenship western cape government. The south african immigration law 2005 immigration amendment act, in 2004 no. Immigration permits are issued by the regional offices of the department of home affairs in south africa. Immigrating to south africa home brand south africa. All the new south african immigration laws and changes. New south african immigration regulation comes into law. 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.
Service or the south african police service in consultation. The validity period of an immigration permit is twelve 12 months. Preamble substituted by section 1 of act 19 of 2004. Weve turned to expert consultancy black pen immigration to help unpack the 272 page government gazette that stipulates immigration law modifications. Applications for permanent residency in south africa are considered in terms of section 26 direct residency permits and section 27 residencyonothergrounds permits of the immigration act 2002 act no of 2002, and read with regulation 33 of the immigration regulations. Click here to open minimum monthly income for retired person visa immigration act 2002 03 june 2014. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Immigration to south africa is far from being a product of the 1990s. Criminal law sexual offences and related matters amendment act 32. Click here to open financial assurance for relatives permit immigration act 2002 3 june 2014. The challenge of immigration policy in the new south africa kevin tessier south africas immigration policy is in a state of flux. Words in bold type in square brackets indicate omissions from existing enactments. Be it enacted by the parliament of the republic of south africa, as follows.
Republic of south africa immigration act iriphabliki yaseningizimu afrika umtsetfo wetifikinamtfwalo no. The regulations provides more information on the processes to be followed when applying for a visa permit. The immigration quota act 1930, aimed to control jewish immigration, also established the concept of discriminating between immigrants from desirable and undesirable countries peberdy, 1997a. Immigration amendment act of 2011 south african government. Immigration amendment act parliament of south africa. 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. Indemnity please be advised that julian pokroy attorneys is not responsible for any updates that the department of home affairs may have made to the forms that are mentioned below. 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 act was prejudiced on the basis of national origin, race, gender and class. You will need to know these facts when you employ foreigners in your company. E it enacted by the parliament of the republic of south africa, as follows.
South africa has a vast reserve of unskilled and semiskilled workers. Weve turned to expert consultancy black pen immigration to help unpack the 272 page government gazette. Immigration act of south africa this is the current version and applies as from 26 may 2014, i. South african immigration act regulations work permit south. Natlex, the ilos database featuring national laws on. Please take note that these forms may differ to the forms provided by your local home affairs office or south african embassy or high commission. This version of the immigration and nationality act ina is current as of december 2002, with the exception of sections 2a 241, which are current as of. Refugees amendment act 33 of 2008 with effect from a date to be proclaimed. To regulate and control the entry of persons into, and their residence in, namibia.
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. Background pursuant to the 2011 amendments to the immigration act, 2002 act no of 2002 and the subsequent immigration regulations promulgated on 22 may 2014, guidance material was revised to accord with the new provisions. May 26, 2014 the minister of home affairs has, in terms of section 7 of the immigration act, 2002 act no. A major aim of the first nationwide immigration legislation passed in south africa, the immigrants regulation act of 19, was to exclude indian immigrants who had been. Unravelling south african immigration law caveat legal. Immigration act no of 2002 who can immigrate to south africa. Immigration to south africa youve made a decision to immigrate to south. British consular officer or other person duly so authorized. Everything you need to know about the department of home affairs latest immigration laws. Permanent homosexual or heterosexual relationship 4. Rising antisemitism in nazi germany saw an increase in the rate of jewish immigration to south africa.
On 14 june 19, the first immigration regulation act, which limited the free movement of asians, and restricted their entry into the country, was passed in south africa. Government gazette staatskoerant immigration south africa. Foreign immigrants coming to south africa can choose between a variety of visas and permits depending on their reason for visiting south africa, as well as the time they would like to spend in south africa. The rising numbers of tourists contributed to our economy and south africa was a premium venue for large international events. Applications for permanent residency in south africa are considered in terms of section 26 direct residency permits and section 27 residencyonothergrounds permits of the immigration act 2002 act no of 2002 and read with regulation 33 of the immigration regulations. Modern changes to south african immigration policies. This is the current version and applies as from 26 may 2014, i. Regulations impacting on work permits in south africa. Immigration laws south africa immigration act no of 2002, as amended by act no 19 of 2004. As reported in our previous alert dated 19 february 2014, the immigration amendment act was published in as early as august 2011. Immigration control act 7 of 1993 namibia legal database. South african immigration act regulations work permit. Saqa means the south african qualifications authority established in terms of the national qualifications framework act, 2008 act no. South africa immigration act articles at immigration.
Prevention and combating of corrupt activities act 12 of 2004. Amendment of preamble to act of 2002, as substituted by section 1 of act 19 of 2004 i. I s in possession of critical reliable information concerning a terrorist organization, enterprise, or. On friday the 23rd may 2014 we received the new immigration laws, with an implementation date of monday the 26th may 2014. If you are running a company and employ foreigners you should know about the recent changes in south african immigration law. Amendment of section 32 ofact of 2002, as amended by section 33 ofact 19 of 2004 1. Compared to the original immigration act of 2002 changes in the conditions to particular the. The challenge of immigration policy in the new south africa.
Here is a list of all the new south african immigration. Words underlined with a solid line indicate insertions in. The department issued about 600 000 passports annually to citizens who want to travel. The below information is supplied by intergate immigration. Act online south african government information pdf consulted on 200611 abstractcitation. South africas new immigration act summary may 2014. New south african immigration laws immigration lawyers. 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. South africa is presently experiencing a serious shortage of skilled workers. In 2002, the regulation of migration in south africa was put onto a truly new. Jul 26, 2019 immigration act of south africa this is the current version and applies as from 26 may 2014, i. Dissertation submitted in partial fulfilment of the. The immigration act, no of 2002 provides for the regulation of admission of people and their departure from the republic.
Acts online provides legislation, including amendments and regulations, in an intuitive, online format. South african citizenship act 88 of 1995 gazette no. New south african immigration regulation comes into law sa. Background pursuant to the 2011 amendments to the immigration act, 2002 act no of 2002 and the subsequent immigration regulations promulgated on 22 may 2014, guidance material was revised to. The minister of home affairs has, in terms of section 7 of the immigration act, 2002 act no. With acts you are guaranteed the latest and most up to date resource for your legislative needs. With effect from 16 january 2017 all diplomatic, official and ordinary passport holders of new zealand who intend to enter the rsa, or who wish to transit the rsa en route to a. July 2005 julia willand assessor iuris immigration practitioner imcosa immigration and consulting south africa cc. To give effect within the republic of south africa to the relevant international legal instruments, principles and standards relating to. Schedule 3 to act of 2002 was subsequently substituted by s. Although it has been two years since the law changed, some challenges continue to plague the south african immigration process. The passing of new immigration legislation has been long awaited in south. Pdf historical overview of migration regulation in south africa.
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