Foreign Children Of South African Permanent Residence Holders Or Citizens
Section 26(c) and (d) – Children under 21 of a South African Permanent Resident holder or Citizen of South Africa.
This is evidenced through the full birth certificate and the ability to show financial support to the foreign child. The Act does not define a child, a minor or dependent save for “unaccompanied minor” in the regulations.
The literal import would still work on the premise that the “child” is under 18. However, section 26(c) obfuscates the meaning of a “child” as it envisages a “child” who is under 21. It is our considered view that what the DHA purported to mean is that a “child” at 18 years of age would have until 21 to confirm as a condition that it wishes to confirm such residence.
Then, in terms of section 26(d) becomes confusing as a “child” of a citizen would only envisage a child under 18 years of age and only of a “citizen”. There is no definition of the term “child” and based on section 26(c), it lends itself to ambiguity. There is no definition of “child”.
Foreign step-children or children are connected to South African parents through guardianship will not qualify under this category save for recognised and legally adopted children will from abroad.