| ARRESTED & UNDOCUMENTED: WHAT ARE YOUR OPTIONS? 20. Aug. 2025 SA Migration | ||
1. Right to Legal Representationâ¢You have the right to consult with a legal representative.â¢Contact an immigration practitioner, legal aid clinic, or attorney urgently.â¢Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Actâ¢You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you â¢If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.â¢BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay 3. Apply for Asylum Under Section 21 of the Refugees ActYou may not be deported if you:â¢Indicate an intention to seek asylum, andâ¢Begin the process by applying online or at a Refugee Reception Office.â¢The courts (e.g., Scalabrini Centre v DHA, Maow case) have ruled that even an emailed or manual application for asylum is enough to protect you from arrest and deportationâ`as long as itâs genuine.Tip: Keep all proof of applicationâ`email receipts, DHA acknowledgements, etc. â` This isa complex process use a registered Immigration Practitioner or Lawyer â` Stay away from fly by night businesses 4. Challenge the Legality of Your Arrest or Detentionâ¢If you were arrested without a warrant or the DHA/VFS failed to follow procedure, a court can declare the arrest unlawful.â¢Lawyers can apply for a | habeas corpus or interdict to secure your release.- Again do everything before you get arrested save yourself a lot of time and expenses 5. Consider Alternative Visa OptionsIf asylum is not suitable or rejected, consider:â¢Spousal or Life Partner Visa (if in a genuine relationship with a South African)â¢Child of SA citizen visaâ¢Special Permit (e.g., for ZEP holders if available)â¢Waivers or Ministerial Discretions in limited cases 6. Court Precedents That Protect Youâ¢Scalabrini Centre case (2024): DHA may not deport anyone who has indicated intent to apply for asylum.â¢Maow v DHA (2025): Even manual or lost asylum applications trigger legal protection under Section 21(4).â¢These rulings force Home Affairs to honour the asylum process, even when their systems fail. Summary: Immediate Steps if Arrested1.Ask to speak to a registered immigration practitioner or lawyer.2.Tell the authorities you wish to apply for asylum (if applicable).3.Avoid signing voluntary departure or deportation documents.4.Inform a trusted person outside detention to seek legal help.5.Document your situationâ`get names, dates, and locations. ð`¬ Need Help?Weâve helped thousands of undocumented individuals legalise their status or defend against unlawful arrest and deportation. If you or someone you know is in this situation, contact us immediately.ð` WhatsApp: +27 82 373 8415ð`§ Email: info@samigration.comð Website: www.samigration.com V.6121 | |
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One of the highlighted topics: Critical Skills Visa. | One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details. | |
| Airport Immigration Alert 25. Aug. 2025 SA Migration | Airport Immigration Alert 25. Aug. 2025 SA Migration | |
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| A New Zealand mother and her 6-year-old son released from US immigration custody after being detained for weeks 25. Aug. 2025 CNN | High Court upholds corporate visa refusal: Implications for businesses 25. Aug. 2025 Biz Community | |
A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday. | On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act. | |
| US faces 9.4bn dollars tourism loss from new 250dollars visa fee targeting African countries 25. Aug. 2025 businessinsider | Airport Immigration Alert 21. Aug. 2025 SA Migration | |
The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs. | The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers. | |
| E-Hailing & Scooter Drivers in South Africa â` Why Being LEGAL is CRUCIAL! 20. Aug. 2025 SA Migration | E-Hailing & Scooter Drivers in South Africa - Why Being LEGAL is CRUCIAL! 20. Aug. 2025 SA Migration | |
Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122 | Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6123 | |