SA Migration Newsletter
02 / 2023 |
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SA Migration
International was created out of the need for a
specialist organization to assist people wishing to immigrate,
volunteer, work, bring family, study or open businesses in South
Africa.
A father of three who lives in Texas in the United States said to have subjected his children to a nomadic life and who is so controlling that he even watches his children’s weight lost his legal bid in a South African court to have his children returned to him.
A regulation preventing the naming of a foreign, unmarried father who is in South Africa illegally on his child’s birth certificate is unconstitutional, the Eastern Cape High Court in Gqeberha has ruled.
Judge Mbulelo Jolwana said the regulation, which provides that a foreign father of a child born out of wedlock must submit a copy of his valid passport, visa, permit, permanent residency, ID document or refugee identity document in order to be registered, was not only irrational but was contrary to the best interest of the child. It was also at odds with the Births and Deaths Registration Act which imposed no such rule.
New development with respect to spouse / life partner application needs pictures of spouse/ life partner and applicant , the SA spouse must be physically present on day of application. No excuses.
This info was sent to vfs today they will action wef 1 Feb 2023 . It will be signposted on website and offices accordingly . As an aside you and I will understand why, the fraudulent SA life partner s who cry foul and say they stole my ID when caught out will be exposed as well as the syndicates
BERLIN -- Germany`s socially liberal government is moving ahead with plans to ease the rules for obtaining citizenship in the European Union`s most populous country, a drive that is being assailed by the conservative opposition.
Chancellor OIaf Scholz said in a video message Saturday that Germany has long since become “the country of hope” for many, and it`s a good thing when people who have put down roots in the country decide to take citizenship.
“Germany needs better rules for the naturalization of all these great women and men,” Scholz said.
A South African-born child aged 13 will next week start school in Croatia after her father won a legal battle against his estranged wife to take his daughter with him while he assists Ukrainian refugees in that country.
The child’s mother was shortly before Christmas ordered by the South Gauteng High Court in Johannesburg to allow the child to live with her father abroad.
Judge Shanaaz Mia ordered the mother to sign all the necessary documents relating to her daughter’s relocation. If the mother refused to sign the documents, the sheriff of the court was entitled to do so on her behalf, the order read.
Not only did the mother lose her battle for her child to remain here, but she was also instructed by the court to foot her husband’s legal bill.
Judge Mia made it clear that the interest of a child will always prevail. In this case the child made it clear she wanted to go to Croatia with her father, with whom she had a better relationship.
In the past, prior to the amendments to the Immigration Act, it was possible for an illegal foreigner to “legalise” or “regularise” him/herself from within South Africa by making payment of the requisite fine. This is no longer the case and we are constantly encountering foreigners who find themselves illegally in South Africa with little hope of rectifying their situation.
The current dilemma
In many cases, these illegal foreigners elect to depart South Africa and contest any ban issued to them from outside of the country. This involves the submission of an overstay appeal to the Department of Home Affairs (“DHA”). A number of foreigners, however, simply have too much invested in South Africa and are unwilling to depart the country for fear of incurring a ban that may or may not be overturned
SA passport makes gains on global index
News24 | 11 Jan 2023
Global investment migration consultancy Henley & Partners compiles a quarterly passport index.
The South African passport has moved up on the index to take 53rd spot after Egypt was added to the visa-free destination.
The SA passport offers visa-free access to 106 of 227 destinations measured by the index.
The South African passport has moved up on a global index ranking to take the 53rd spot with its visa-free access offered to 47% of the world`s destinations.
A couple has won a court battle to have a regulation in the Birth and Deaths Registrations Act declared unconstitutional and invalid.
• A South African woman and her Bulgarian partner have won an application to have a regulation in the Birth and Deaths Registrations Act declared unconstitutional.
• Judge Mbulelo Jolwana in the Eastern Cape High Court found that it imposed discriminatory conditions for fathers who are unmarried and may be undocumented foreigners.
• The home affairs minister and department were ordered to pay the costs of the application. SA
Migration International
Tel.: +27 (0)71 632 9555 Fax: +27 (0)21 461 2611 Email: info@sami.co.za |
SA
Migration
Tel.: +27 (0)71 632 9555 Fax: +27 (0)21 461 2611 Email: info@sami.co.za
Table of Contents
1. About SA Migration
2. Court grants mother right to keep children in SA away from nomadic father in US 3. Undocumented, unmarried fathers cannot be excluded from their children’s birth certificates 4. Spouse Required to be present on submission of life partner and spousal application 5. German government seeks to ease rules for naturalization 6. SA born child leaves for Croatia with father after court rules against estranged wife 7. Legalising yourself from within South Africa 8. SA passport makes gains on global index 9. Couple wins legal battle to have rule in Births and Deaths Registration Act declared unconstitutional
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