Draft Amendment to the Immigration Regulations 2014

The Department of Home Affairs (“DHA”) invites public comments on the draft First Amendment of the Immigration Regulations, 2014.

Written submissions should reach the DHA on or before 14 October 2016.

Click here for a copy of the Draft Amendment

High Court ruling – Holders of asylum seeker & refugees permits may now apply for the relevant immigration permits and visas

The much anticipated ruling on Immigration Directive 21 of 2015, barring Refugees and Asylum seekers from applying for a change of status to any visa or permit in terms of the Immigration Act, was handed down by in the High Court of South Africa on 21 September 2016. It has been declared that Directive 21 is inconsistent with the Constitution of the Republic and therefore invalid and must be set aside.

The judgement further clarifies that  even  failed asylum seekers must be permitted to apply for a visa by affording them the same opportunity as illegal  foreigners in section 32 where allowing individuals to approach the Director-General  for authorisation to apply for a visa.

Click here for a copy of the High Court Judgement