South Africa adopts new visa rules: Here’s what you need to know

Source: The South African, 30/11/2018

This was revealed by the Department of Home Affairs, which
recently published its regulatory amendments pertaining to the
Immigration Act of 2002. This official government notice,
published on 29 November, has been reported on by Business Tech in
the wake of former Home Affairs Minister, Malusi Gigaba’s,
disgraced exit from the department.
No more unabridged birth certificates
While Gigaba’s dubious tenure came to an abrupt halt following
serious allegations of corruption, mismanagement and
Constitutional violations â€` his time as Home Affairs minister will
forever be stained by the unabridged birth certificate debacle.
This rule, which required minors entering or leaving South Africa
to produce an unabridged birth certificate, has been overturned.
The controversial rule, implemented by Gigaba during the start of
his term, allegedly cost South Africa R7.5 billion due to a
noticeable drop in lucrative the tourism sector.
The reversal of the unabridged birth certificate rule is just one
of the many changes implemented by the Department of Home Affairs,
due to take effect on 1 December. Let’s look at some other revised
regulations which will affect the visa system in South Africa.
Spousal visa for entering South Africa
Visa applications concerning spouses in a “permanent homosexual or
heterosexual relationship” have been revised in the latest
amendment of the Immigration Act. The adjustments to the
regulatory act define new policies relating to the rights of
spouses entering South Africa. The notice makes a few important
points:
• Applications need to prove to the Director-General that
the applicant is a spouse to a citizen or permanent residence
permit holder.
• Applicants need to sign an agreement stating that the
permanent homosexual or heterosexual relationship has existed for
at least two years before the date of application for a relevant
visa and that neither of the parties is a spouse in an existing
marriage.
• Documents detailing the financial support the partners
provide to each other need to be provided.
• Both partners to a permanent homosexual or heterosexual
relationship may be interviewed separately, on the same date and
time, to determine the authenticity of the existence of their
relationship.
Travelling with a child
Revised regulations relating specifically to children in transit
have been noted in the Department of Home Affairs’ document. In
addition to no longer needing an unabridged birth certificate,
here are some points for parents and guardians to be aware of when
travelling to and from South Africa.
Parent(s), legal guardians, or any other person travelling with a
child who is a South African citizen, must produce the following
before departing or entering South Africa:
• a copy of a birth certificate or passport containing the
details of the parent or parents of the child
• a letter of consent from the other parent or parents of
the child authorising such person to depart from or enter South
Africa with the child he or she is travelling with
• a copy of the passport, or identity card in the case of
South African citizens, of the parent or parents or legal guardian
of the child
• the contact details of the parent or parents, or legal
guardian, of the child
• a copy of a court order granting full parental
responsibilities and rights or legal guardianship in respect of
the child
An unaccompanied child must produce the immigration officer with
the following:
• a copy of his or her birth certificate
• a letter of consent from one or both his or her parents or
legal guardian, as the case may be, for the child to travel into
or depart from South Africa
• a copy of the passport of the parent or parents or legal
guardian of the child
• the contact details of the parent or parents or legal
guardian of the child
• a letter from the person who is to receive the child in
the country, containing his or her residential address and contact
details in the country where the child will be residing
• a copy of the identity card or valid passport and visa or
permanent residence permit of the person who is to receive the
child in the country
General work, business, and corporate visas
Visa revisions have also been made concerning foreigners who
intend to establish a business or invest in a business that is not
yet established in South Africa. These revisions include providing
detailed account information and registering with various state
institutions, including SARS and the Unemployment Insurance Fund.
Applications for general work visas have also been revised and
must include a letter issued to the prospective employer by the
Department of Labour stating that:
• despite a diligent search, the prospective employer has
been unable to find a suitable citizen or permanent resident with
qualifications or skills and experience equivalent to those of the
applicant
• the applicant has qualifications or proven skills and
experience in line with the job offer
• the contract of employment stipulating the conditions of
employment, signed by both the employer and the applicant, is in
line with the labour standards in the Republic and is issued on
condition that the general work visa is approved
Corporate visas also need to pass through the Department of
Labour, following a similar process by engaging integral state
institutions.