Immigration act of south africa this is the current version and applies as from 26 may 2014, i. Immigrants can choose between temporary residence visas and permanent residence permits. This act lays out the rules and regulations for admission of foreigners into south africa, their residence in south africa and their departure from south africa as well as the ability for foreigners to work within the republic. Preamble substituted by section 1 of act 19 of 2004.
On friday the 23rd may 2014 we received the new immigration laws, with an implementation date of monday the 26th may 2014. South african citizenship act 88 of 1995 refugees act of 1998. A human rights perspective is my own work and that all the sources that i have used or. Be it enacted by the parliament of the republic of south africa, as. The immigration quota act 1930, aimed to control jewish immigration, also established the concept of discriminating between immigrants from desirable and undesirable countries peberdy, 1997a.
It was and remains one of the most unpleasant aspects of doing business in south africa. The employment of foreigners in south africa immigration sa. Government gazette staatskoerant government printing works. Please take note that these forms may differ to the forms provided by your local home affairs office or south african embassy or high commission. The immigration act regulates the immigration of skilled migrants, students, tourists and other categories of permanent and temporary migrants, as well as the processes related to immigration detention and deportation. South africa immigration act articles at immigration. Applicants holding valid work visas, in the absence of restrictive endorsements,may be permitted to change the status terms and conditions of their existing work visas in certain instances.
With acts you are guaranteed the latest and most up to date resource for your legislative needs. Not only was the act itself repugnant but the practice of the enforcement bodies in arrest, detention and deportation procedures was maligned as well. Adopted immediately after the secession of south sudan from sudan. South africa immigration us immigration lawyer, law. Republic of south africa immigration amendment bill as introduced in the national assembly proposed section 75. The act also stipulates that, on arrival, any person, regardless of background.
Holders of existing visitors permits or visas will no longer be allowed to change to a. The government body has officially made the amendments, and those looking to visit, study, work and live in south africa. Rising antisemitism in nazi germany saw an increase in the rate of jewish immigration to south africa. Modern changes to south african immigration policies.
Bill and prior notice of introduction thereof published in government gazette no. You will need to know these facts when you employ foreigners in your company. Saqa means the south african qualifications authority established in terms of the national. South africas new immigration act summary may 2014.
A closer look at the department of home affairs dha changes to south african immigration law. The south african immigration act makes provision for many temporary and permanent residency options for foreign nationals, depending on your stage of life and the purpose of your relocation to south africa. The immigration act of 2002 is responsible for regulating foreign employment in the republic of south africa. Immigration in or rather into south africa has not just lately occupied the newspapers, magazines and blogs. Promotion of equality and prevention of unfair discrimination, regulations relating to the gn r764 in gg 25065 of june 2003 act to give effect to section 9 read with item 23 1 of schedule 6 to the constitution of the republic of south africa, 1996, so as to prevent and prohibit. Immigration to south africa is regulated by the 2002 immigration act. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Amendment of section 32 of act of 2002, as amended by section 33 of act 19. New south african immigration regulation comes into law. As reported in our previous alert dated 19 february 2014, the immigration amendment act was published in as early as august 2011. It is extremely important that you get in touch with us prior to your arrival in south africa, as most temporary residency visas need to. South african citizenship act 88 of 1995 gazette no.
The minister of home affairs has in terms of section 7 of the immigration act no of 2002 made available the immigration regulations. Eastern cape, free state, gauteng, kwazulunatal, limpopo or northern, mpumalanga, northern cape, northwest, and western cape. Following the defeat of the boers in the angloboer or south african war 18991902, the union of south africa was created as a selfgoverning dominion of the british empire on 31 may 1910 in terms of the south africa act 1909, which amalgamated the four previously separate british colonies. Be it enacted by the parliament of the republic of south africa, as follows. South africa s new immigration act summary the below information is supplied by intergate immigration. Immigration on 22 may 2014, the president of the republic of south africa announced 26 may 2014 as the commencement date for the immigration amendment act, no of 2011 immigration amendment act. Background pursuant to the 2011 amendments to the immigration act, 2002 act no of 2002 and the subsequent immigration regulations promulgated on 22 may 2014, guidance material was revised to. South africas refugee act, passed in 1998, orders the issuance of asylum to those who can prove political persecution in their home country.
We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. South africa country profile visa information south african tourism south africa mission consulate abroad. Given under my hand and the seal of the republic of south africa at. If you are running a company and employ foreigners you should know about the recent changes in south african immigration law. Veronica ramoroka do hereby declare that the determination of refugee status in south africa. New south african immigration laws immigration lawyers. Indemnity please be advised that julian pokroy attorneys is not responsible for any updates that the department of home affairs may have made to the forms that are mentioned below. The below information is supplied by intergate immigration. The regulations provides more information on the processes to be followed when applying for a visa permit. South africa regulations to the immigration act, of 2011. The immigration act, no of 2002 provides for the regulation of admission of people and their departure from the republic. Amendment of preamble to act of 2002, as substituted by section 1 of act 19 of 2004 i.
The immigration amendment act no 3 of 2011 and no 3 of 2007 have both become effective on 26 may 2014. There were 1 the constitution of the republic of south africa act 108 of 1996. Refugees amendment act 33 of 2008 with effect from a date to be proclaimed. South africa has the largest economy in africa and is the most developed country in africa national foreign assessment center 2011. Foreign immigrants coming to south africa can choose between a variety of visas and permits depending on their reason for visiting south africa, as well as the time they would like to spend in south africa. To give effect within the republic of south africa to the relevant international legal instruments, principles and standards relating to. Immigration laws south africa immigration act no of 2002, as amended by. We are a firm of experienced immigration professionals based in cape town, south africa offering immigration consulting services, visa preparation and submission services, for short and long term immigration purposes, to various countries around the world.
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