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The Immigration Amendment Act came into operation on 1 July 2005. Along with it came a new body of regulations, requirements – and forms. These have introduced a number of important changes for persons wishing to apply for work permits.
A convenient starting point is to note the distinction between the ‘asylum seeker’ and the ‘refugee’. The former is a person who has applied to be recognized as a refugee. The refugee is a person whose application has been approved by the pertinent official of the Department – the Refugee Status Determination Officer or, after an appeal, by the Refugee Appeal Board. The terms ‘applying for asylum’ and ‘applying for refugee status’ are used interchangeably and refer to the process of submitting the claim and awaiting the outcome.
Probably one of the most predominant difficulties currently being experienced by applicants relates to the knock on effect of the centralization of permanent residence permit decision making, which came into effect on 1 June 2005 when the Minister of Home Affairs withdrew the delegation of this function from the regional offices and Consular Missions worldwide and centralized this function at Head Office of the Department at Pretoria.
This article deals with the grant of visas to visitors to South AFrica
The manner in which asylum seekers are dealt with by the Department of Home Affairs continues to be a matter of some considerable embarrassment. Asylum seekers claim that the Department persistently sends out signals that asylum seekers are not welcome in South Africa, that the Republic has other priorities.
The advent of the Immigration Amendment Act number 19 of 2004 and the new Immigration Regulations gazetted into effect under Government Notice 27725 on 1 July 2005 has heralded in a very different scenario in terms of making South Africa a retirement destination of choice.
A convenient starting point is to note the distinction between the ‘asylum seeker’ and the ‘refugee’. The former is a person who has applied to be recognized as a refugee. The refugee is a person whose application has been approved by the pertinent official of the Department – the Refugee Status Determination Officer or, after an appeal, by the Refugee Appeal Board. The terms ‘applying for asylum’ and ‘applying for refugee status’ are used interchangeably and refer to the process of submitting the claim and awaiting the outcome.
The court held that refugees cannot seek work in the private security industry.
Ultimately, one of the purposes of the access to information which is held by the state, as provided by the Promotion of Access to Information Act, 2 of 2001, [“PAIA”], is to obviate unnecessary litigation and the accompanying waste of State and other resources. Section 25(1) of PAIA provides that “the information officer to whom the request is made must …” provide the required information “as soon as reasonably possible but, in any event, within 30 days after the request is received.”
For purposes of immigration law there is no distinction between married and unmarried couples nor is there a permissible distinction arising from the couple’s sexual orientation. The key issue for the Department of Home Affairs, in this regard, is whether or not the couple are in a relationship that is monogamous, is in good faith and is intended to be permanent.
The Immigration Act No 13 of 2002 “The Act” does not differentiate between spouses who are married to one another or are in customary unions, civil unions or merely cohabiting as permanent cohabitative partners.
When can you become a permanent resident if you have a work permit?
The powers given to immigration officers to arrest and detain “illegal foreigners” in terms of the Immigration Act have been described by the Courts as drastic and draconian. Whilst the legality of those powers of arrest and detention will hopefully continue to enjoy legal scrutiny, two recent decisions of the South African courts warrant brief consideration.
Section 8 of the Immigration Act, 13 of 2002, contains the core of the internal appeal and review processes of that Act.
The expat’s right of residence in SA, based on the spousal relationship, is a very delicate creature. In terms of Home Affairs’ practice, as soon as the relationship ends, the temporary residence permit is deemed to end
The recently announced amnesty for Zimbabweans who either do not have the correct – or any – temporary residence permit or who instead even have false South African documents, is both good news and bad news