Draft Amendment to the Immigration Regulations 2014
Written submissions should reach the DHA on or before 14 October 2016.
Archive for year: 2016
High Court ruling – Holders of asylum seeker & refugees permits may now apply for the relevant immigration permits and visas
The 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.
Draft Amendment to the Immigration Regulations 2014
The 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.
High Court ruling – Holders of asylum seeker & refugees permits may now apply for the relevant immigration permits and visas
The 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.
The Importance of South African Permanent Residency to your Expatriate / Human Resource Strategy
The work permit process can be time consuming and even painful, depending on your permit categorisation. One question often asked is whether an expatriate should not consider Permanent Residency application sooner, effectively lifting the expatriate’s status above the noise of normal work permit requirements. We found that there can be a significant upside however, depending on the complexities there may also be adverse consequences.
Why Permanent Residency?
Permanent Residency allows the holder to live and work in South Africa unlimited including the right to work without restriction, engage in business, own property, study and do all things a citizen is permitted to do with the exception of voting in the South African elections. You may only do so once you have been naturalised as a South African citizen. Permanent Residency in South Africa also allows its holder maximum flexibility with regards to entry and exit through the country’s borders.