A Spouse or Relatives Visa – Do I qualify and eligibility?

A foreign ‘spouse’ as defined in our immigration laws which relates to a married ‘spouse’ or one in a permanent partnership with a South African Citizen or Permanent residence would qualify for a visa to remain in South Africa, and more importantly, work, run an own business, study or even volunteer with such a visa? How is ‘Spouse” defined in our immigration laws? The Immigration Act 13 of 2002, as amended, specifically defines a ‘spouse’ that envisages two diverse scenarios: firstly, either as ... Read more

My spouse is a foreigner – and we wish to get married

When a couple falls in love and decides to get married, the practicalities of the actual marriage ceremony (as opposed to the wedding) sometimes slip their mind. When a couple is made-up of one South African national and one foreign national, the fine details become even more complicated as a couple often doesn’t know what is required before a marriage officer will proceed with a ceremony. Of most importance, the foreign national must be legal in the country – whether on a ... Read more

Home Affairs works towards scrapping visas for all African citizens

Kenya recently waived previous visa rules in favour of South Africans, allowing them a longer stay in the country without the requirement of a visa. South Africans can now visit and stay in Kenya without a visa for up to 90 days, up from the previous allowance of 30 days. While this was broadly seen as a sign of the thawing relationship between the two African countries, it may also be a part of the larger African plan to relax visa ... Read more

SA’s Home Affairs minister claims country must tighten immigration policies

against the country’s existing immigration laws, suggesting that she supported more stringent immigration policies in order to protect African immigrants from local aggression. The government can no longer be lenient when facing the “real challenge” of local hostility towards immigrants; a segment of the population she has admitted the department could not accurately account for.   “The policy has to be tightened and set limits as to what people can do. Especially during this phase of high rates of unemployment, high levels of ... Read more

ANC MP Claims 95% of Asylum Seekers Not Refugee Material

The South African government, led by the Department of Home Affairs, has pushed hard for immigration reform over the last few years, approving a new white paper on international migration in March. Minister Hlengiwe Mkhize indicated that the proposed white paper replaced the 1999 version which “did not address globalisation, migration, and priorities set out in the National Development Plan, Vision 2030.”   The government’s controversial Border Management Authority Bill passed on its third attempt in early June after opposition parties had blocked ... Read more

SA deports over 300 illegal Malawi immigrants

Continuing a trend throughout the African continent, hundreds of Malawian nationals were deported from South Africa recently after being caught by officials without the legal status required to remain in the country. Around 849 Malawians were detained by South African authorities for contravening immigration laws, and it appears that at least 300 of these individuals were then duly repatriated.   According to reports, Malawi’s deputy national spokesperson for the immigration department, Wellington Chiponde, said that Malawians were flocking to other countries without proper ... Read more

Was former Minister Malusi Gigaba within his rights to grant citizenship to the Guptas?

Former home affairs Minister Malusi Gigaba is in the hot seat after it recently came to light that he granted citizenship to certain members of the Gupta family in May 2015, following an initial rejection by the Department for lack of compliance with amount of time spent in the Republic as a permanent residency holder prior to application. It appears as though Malusi Gigaba allowed for the early naturalization of members of the Gupta family on the grounds of early naturalization per ... Read more

Top 10 Migration Issues of 2016

2016 was a landmark year for immigration policy reform globally, due in large part to ongoing displacement among regions of the Middle-East, Eastern Europe and Africa. The more stable countries which both economic immigrants and refugees continue to flock to have had different responses to this new pressure. In some ways, immigration has been the biggest topic of the previous year, shaping new political factions and landscapes for 2017.   #10 Migrant Remittance on the rise As migrants join the labour market in their ... Read more

Clock ticking for SA businesses eyeing American dream

While Elon Musk is certainly the most famous South African to move his business interests to the United States, he’s far from unique in this area. Dozens of South African professionals and entrepreneurs have immigrated to the States over the years to take their businesses front and centre of the global stage, but with immigration laws set to change in the coming months the window of opportunity is narrowing rapidly.   Immigration experts are predicting a change in the qualifying criteria of the ... Read more

How to Prepare for a Move Overseas

Moving yourself and your family (possibly even your business) to a new country is a complex task for even the most organised individual. It can take months of preparation if you have accumulated a larger collection of assets and some items you may wish to take with you may even be subject to separate rules and regulations. For all these reasons and more it’s essential to hire a qualified immigration attorney familiar with your new home, but there are also some ... Read more
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