Blanket Concession for International Students Affected by the Current Student Protests
Blanket concession for international students affected by the current student protests.
For access to the download, please click here.
Blanket concession for international students affected by the current student protests.
For access to the download, please click here.
The Department of Home Affairs introduced visa-handling service VFS in 2014 to streamline administration. But for foreigners – many of whom bring rare skills and investment into the country, applying to live and work in South Africa and complying with immigration regulations is still a nightmare experience. They report an expensive and cumbersome process in which the Department of Home Affairs allegedly rejects 40 percent of applications out of hand.
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The recently tabled Draft First Amendment of the Immigration Regulations made under the Immigration Act by the Department of Home Affairs (DHA), does nothing to address the loss of jobs in the tourism industry, including concerns raised by the tourism industry, government departments and opposition parties.
The Draft First Amendment is nothing more than a half-hearted attempt to address the serious problems with the current regulations and will result in the ultimate contraction of the tourism industry.
The reality is that no material changes will be affected by the error-ridden Draft. Rather, the wording of a few provisions have lazily been shifted around, in what can only be seen as an attempt to create the illusion of the DHA’s willingness to engage with criticism of its policies.
The contentious requirement that parents traveling to South Africa with their children must produce an unabridged birth certificate (UBC) has not been removed. Rather than actually change the regulations, it seems that the Department only reorganised the clauses, whilst the requirements essentially stay the same.
The recently tabled Draft First Amendment of the Immigration Regulations made under the Immigration Act by the Department of Home Affairs (DHA), does nothing to address the loss of jobs in the tourism industry, including concerns raised by the tourism industry, government departments and opposition parties.
The Draft First Amendment is nothing more than a half-hearted attempt to address the serious problems with the current regulations and will result in the ultimate contraction of the tourism industry.
The reality is that no material changes will be affected by the error-ridden Draft. Rather, the wording of a few provisions have lazily been shifted around, in what can only be seen as an attempt to create the illusion of the DHA’s willingness to engage with criticism of its policies.
The contentious requirement that parents traveling to South Africa with their children must produce an unabridged birth certificate (UBC) has not been removed. Rather than actually change the regulations, it seems that the Department only reorganised the clauses, whilst the requirements essentially stay the same.
Click here to read more
On 27 September 2016, the DHA announced that Lesotho nationals may now apply for the Lesotho Special Permits (LSP) at the VFS application centres without their passports.
Lesotho nationals are still able to apply for the Lesotho Special Permit physically at the DHA offices till 31 December 2016, as the online applications have closed 30 September 2016. However, it is being considered that the online applications might get an extended time frame.
Prior to this new announcement, Lesotho nationals were required to have a valid passport that had to be valid for four years, or a travel document with a Lesotho ID number in order to get permission to stay in South Africa legally.
On 27 September 2016, the DHA announced that Lesotho nationals may now apply for the Lesotho Special Permits (LSP) at the VFS application centres without their passports.
Lesotho nationals are still able to apply for the Lesotho Special Permit physically at the DHA offices till 31 December 2016, as the online applications have closed 30 September 2016. However, it is being considered that the online applications might get an extended time frame.
Prior to this new announcement, Lesotho nationals were required to have a valid passport that had to be valid for four years, or a travel document with a Lesotho ID number in order to get permission to stay in South Africa legally.
Since a passport is no longer required, the following requirements need to be met by applicants in order to obtain a Lesotho Special Permit:
The special dispensation is for Lesotho nationals who are working, studying or running businesses in The Republic of South Africa and have been in the country in such capacity prior to 30 September 2016.
It needs to be noted that any South African documents that may have been fraudulently obtained, need to be surrendered to the DHA offices in order to receive an amnesty letter. Those who wish to comply will also be able to apply for the Lesotho Special Permits.
Applicants who have submitted their applications, but have not done their payments yet; have also received an extension to make their payments by 31 December 2016.
To avoid deportation, Lesotho nationals must ensure to regularise their stay before the end of December 2016.
From 1 October 2016 applicants are no longer required to go to the South African Police Station in order to obtain a South African Police Clearance Certificates. The process of obtaining a South African Police Clearance Certificate will be automated, the VFS office will run background checks of the applicants by use of their biometrics against the SAPS database (a fee of R175 will be charged). Once the electronic South African Police Clearance Certificate has been received, the VFS will combine the visa application along with the certificate and transfer the completed application to the DHA electronically.
Click here for a full statement from the DNA Click here for a copy of the DHA Directive
From 1 October 2016 applicants are no longer required to go to the South African Police Station in order to obtain a South African Police Clearance Certificates. The process of obtaining a South African Police Clearance Certificate will be automated, the VFS office will run background checks of the applicants by use of their biometrics against the SAPS database (a fee of R175 will be charged). Once the electronic South African Police Clearance Certificate has been received, the VFS will combine the visa application along with the certificate and transfer the completed application to the DHA electronically.
Click here for a copy of the DHA DirectiveThe 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 AmendmentThe 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 JudgementJohannesburg
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Bryanston, Johannesburg,
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South Africa
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South Africa
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