06-10-2025 22:05:45 (GMT +02:00) Pretoria / Cape Town, South Africa

ARRESTED & UNDOCUMENTED: WHAT ARE YOUR OPTIONS?
20. Aug. 2025 SA Migration

1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•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 •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.•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:•Indicate an intention to seek asylum, and•Begin the process by applying online or at a Refugee Reception Office.•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 it’s 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 Detention•If you were arrested without a warrant or the DHA/VFS failed to follow procedure, a court can declare the arrest unlawful.•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:•Spousal or Life Partner Visa (if in a genuine relationship with a South African)•Child of SA citizen visa•Special Permit (e.g., for ZEP holders if available)•Waivers or Ministerial Discretions in limited cases 6. Court Precedents That Protect You•Scalabrini Centre case (2024): DHA may not deport anyone who has indicated intent to apply for asylum.•Maow v DHA (2025): Even manual or lost asylum applications trigger legal protection under Section 21(4).•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. ðŸ`¬ Need Help?We’ve 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.ðŸ`ž WhatsApp: +27 82 373 8415ðŸ`§ Email: info@samigration.com🌐 Website: www.samigration.com V.6121

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One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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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
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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.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

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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.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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US faces 9.4bn dollars tourism loss from new 250dollars visa fee targeting African countries
25. Aug. 2025 businessinsider
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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 United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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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
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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
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