New immigration laws...

@ Silvana_Arocha: Thank you for the sharing of information

Thanks for  the warning - any idea of time scale? This applies to my wife who is coming in on a VIsitor's Visa  then we will apply for the Temp Res here, that was on the Manila SA Embassy advice.

What about my step daughter? who is coming here on a Student Visa and whom I plan to adopt as soon as possible after she arrives. I hope that will be done in time before the law changes, makes it all so much more difficult.

Why?

The new immigration regulations will only be known once published, until then we are all speculating.

For what was told back in January, they are launching the New Gazette at the end of February. They had this letter at the Home Affairs Office in Rosebank...I got no clue if it's happening, just thought it was good to post it here to let everyone know what they are in for.

Definitely a good idea and thank you! For the exact changes, we have to wait until it is published. However, many things seem quite certain.

Hi all - apologies for the late update. In short, I will keep on adding as more becomes available, but here are what the changes mean for people immigrating to South Africa:


·         Visas will in future be called “port of entry visas and transit visas”
·         Temporary residence permits will in future be called “visas”
·         Visas (including visitor's visas) must be applied for in person and from the applicant's home country.  Applications for extensions and renewals of visas may be made from within SA
·         Holders of visitors visas and medical treatment visas may not apply for a different visa from within the country
·         Fingerprints are required from all visa applicants
·         Stricter measures to combat child trafficking
·         Undertakings to submit police clearance certificates within 6 months after issuance no longer accepted
·         Exceptional skills permits no long exist.  Freelancing sports stars, entertainers, musicians and other individuals with unique skills, which are not listed as “critical” have few options for long-stay visas.
·         Advertisements in national print media no longer required for general work permit applications, but a report must be obtained from the Department of Labour
·         Intra-company transfer visas now issued for up to four years, instead of two
·         No more immigration practitioners
·         Habitual overstayers can be banned from future visas

more here... http://voices.news24.com/jesse-green/20 … -partners/

Just a quick question. I've been reading and it says now everyone now needs to apply for a visa in person at the consulate. Is that including all of North America and such? I've been traveling and I sure don't want to go back to where I'm from just to apply for a visa in person. Anyone with any knowledge on that, please inform me. Thanks

For a "tourist visa", no, US and Canadian citizens don't need to apply for this and they receive a port-of-entry visa when entering the Republic of SA.

For any other type of visa, yes, you do need to appear in person.

Thanks for the help

Are these new laws are kicking in April 2014?

The official date is 1 April 2014, yes.

okay thanks ... doesn't give us much time to file for a Temp Res Permit at DHA here My wife only arrives 14th March on VIsitors Visa (on SA Embassy Manila recommendation, we try to apply for Temp Res there, they said it would take too long and she should get  VIsitors and file for Temp Res here.

It will be risky, yes. Good luck!

do the proposed amendments affect permanent residence applications at all? do they mention any improvement in facilities for improve waiting periods etc? anything ACTUALLY positive? i actually downloaded the doc but its 242 pages LONG!!!

The regulations do not change very much for permanent residency applications. The time it takes has nothing to do with the regulations, rather the operations of Home Affairs are improving and that is why the times are getting shorter and shorter.

We are still struggling to get Visas for SA Embassy in Manila, I wonder if anyone else is finding a problem. I can only speculate what the reasons are, we have all the requirements and provided all the additional docs they have asked for, plus paid a repatriation deposit for my wife and her daughter! They even gave date (as above) they went to collect on the way to the Airport (since time is running so tight) and they are told "still processing". You can imagine the dissapointment,

The plan (on their suggestion) was my wife to come here on on three month tourist visa then apply for Temp Res here. We had all the requirements for Temp Res in December, but this is what we were informed to do by SA Embassy Manila, and a Study Permit for the daughter.

So if we cant get the Tourist Visa by this week, it will be a pointless and we should reapply for Spouse Temp Res there?

Other thing: in terms of Police Clearance, we have resent NBI from the Phils, will  that suffice if we apply in SA for Temp Res?

Lastly, anyone know anything about the section of this law about Human Trafficking?

@hara-jessa - you must enter as a tourist on a tourist visa and then you cannot change to a spousal visa under the new regulations. You'll have to return. To be frank, I don't really understand your situation. Why did you have to pay a repatriation deposit?

Situation is SA Embassy in Manila is taking almost 3 months to issue Tourist Visa to my wife. We wanted to apply for Spouse / Temp Res last Dec, but they said we must do it this way.  Now we are almost out of time in terms of the law change.

There now seems a possibility the Visa will be issued this week, which leaves Monday the 31st to file for Temp Res in Jhb once they are here. So my question is about the Police Clearance for the Temp Res application. Will the one issued about three weeks ago in the Philippines suffice for the application here?

Thanks in advance.

Where are you based right now?
What is the home country/nationality of each of you?
Why do you need to enter SA immediately?

In short, if I understand correctly, you are waiting forever for a tourist visa to enter SA after which you want to apply for a spousal (relative's) visa (they are not called permits any longer, except PR). And they are taking so long that you aren't sure what will happen in SA.

Well, my advice is not to apply in SA. Already some Home Affairs offices here are turning away people who want to change their visa status. We are no longer trying from our side (we are immigration lawyers - the link above posted by Silvana is written by one of our employees).

As irritating as it may be, you would be better off waiting and applying in the Philippines.

PS: For police clearances, you need one for every country that you have resided in for 12 months or longer since the age of 18. They can be a maximum of 6 months old.)

Thanks Immigration ZA,  I am writing on behalf of my wife  - I am saffa in Jhb, she is in the Philippines.

Live in hope, die in despair?

I am trying the various "large" Home Affairs offices to see who will accept the application for Relatives Permit on 31st March, impossible to get info on the phone about that from the branches,  looks like I will be driving around to a few in GP today.

Other possibility is Visitors Visa extension, at least  to give my wife a bit of time here before having to go back to do the full monty Relatives (spouse) Visa in the Philippines, which am I told can take 3 to 6 months.

How feasible is another 90 days Visitors Visa extension here in SA? she is due to go back to visit the family at the end of the year, so it will just mean bring that a bit forward. .

Im more confused that never before waa

NEWS UPDATE

Yesterday, on the day that the proposed regulations would come into effect, Home Affairs moved the date out by a month to carefully consider all the responses from the public on the new proposed law coming into effect.

So we are now looking at 1 May 2014.

Has there been any update on this yet?
The Other Half and I are on the edge of our seats...

Unfortunately no. We have to wait and see. Until then the old rules apply.

Not really, they are mixing as their convenience. A friend went to handle the documents to extend his visa and he was told that unfortunately with the new immigration act he had to go back to Brasil until it was granted...

I think it is dependandt on who you deal with, what type of visa/permit you are applying for, which Home Affairs office you go to and all that...

He was lucky his permit expires in July so he can wait for them to process it while he waits in South Africa...

Silvana_Arocha wrote:

Not really, they are mixing as their convenience. A friend went to handle the documents to extend his visa and he was told that unfortunately with the new immigration act he had to go back to Brasil until it was granted...

I think it is dependandt on who you deal with, what type of visa/permit you are applying for, which Home Affairs office you go to and all that...

He was lucky his permit expires in July so he can wait for them to process it while he waits in South Africa...

Yes, you are right. Legally it's the old rules, in reality and practically, as usual, Home Affairs does "anything".

it's not just Home Affairs in South Africa...

The new regulations have been signed in Parliament and are effective from the 26th of May 2014.

Here is the downloadable version of the signed government gazette:
http://immigrationsouthafrica.org/Immig … Africa.pdf

Thank heavens, they've seemingly come to their senses with the time period required for a life partner. Two years not five.

Hmmmm here are 6 major changes (not sure if implemented yet).

1. Life Partner and Spouse Visas

Initially, government wanted proof that spouses or life partners have been together for at least 5 years before an application for a permanent or temporary residency could be made. This has since been changed to 2 years. Life Partners will however need to attend an interview on the same date and time to determine the authenticity of the existence of their relationship.

Issues arise when changes or extensions have to be applied for - with certain applications only eligible if done from the person's original country of residence. 


2. Changing Visa status while in South Africa

The application period has been changed from 30 days prior to the expiry of the current visa to 60 days. According to New World Immigration, Home Affairs is already plagued with visa application backlogs and this new period would negatively impact the approval process.

The new regulations also state that a person cannot change from a visitors visa into another type of visa and these applications for change of conditions must be made at a mission abroad - ie an embassy or consulate.

Under the old legislation, it was possible to apply for a temporary residence permit whilst using a visitor's visa but the new legislation now prohibits any foreigner from applying for a temporary residence permit using a visitors visa.

Those who are using a visitors visa in South Africa would now need to leave and apply in their own country of residence.

If a person's visitor visa has expired, they would need to seek legal advice about exiting South Africa as immigration officials have been advised to ban any foreigners for overstaying - by making them an undesirable person for 1 year, 2 years or 5 years.

3. Business Visas

This visa sees a more forensic approach in the new application process. Businesses will now need to get a recommendation letter from the Department of Trade and Industry and business visas will only be granted for 3 years at a time.

4. Critical Skills Visa

The Quota and Exceptional skills work permits have been replaced by the Critical Skills permit but the list of Critical Skills has not been published.

5. Intra-Company Visas

The employee will need to be employed with the foreign office for no less than 6 months before being eligible for transfer to South Africa. The visa will now be available for 4 years.

6. Fines

There has also been a massive increase in the administrative fines to be issued to those who overstay and any other persons who are in contravention of the act. Also, if a visa has expired foreigners face a ban labelling them an undesirable person for 1 year, 2 years or 5 years.


For advice on the New Regulations contact New World Immigration on  +27(0)21 555 0951 or submit an inquiry on their website.

This comes straight from an article published online. Those are all implemented formally from the 26th May 2014.

There are other changes as well for corporate visas, business visas, permanent jobs offers and so on.

Hello,

I have a question regarding a current application. I submited an application to change the statust of my port of entry visa to a volunteer permit. I submited the application at the end of February and have not yet gotten a response, they say it's still in process. How do these immigration changes affect my current application?

Thank you all, and specially toImmigration South Africa

They will not affect your application at all.

News about the Critical Skills Work Visa (replaces the Exceptional Skills and Quota Work Permits) is that although the new list of critical skills has not been presented yet, for the time being the old Quota Work Permit skills list is being used. You can find a copy here:

http://www.immigrationsouthafrica.org/w … a-List.pdf

Hi,
I have an accompany spouse visitors visa,already for 6 years,can I apply for permanent residence permit and extend my accompany spouse visa,while waiting for the permit? I am married to a south african for almost 7 years.

Yes, apply for PR and TR at the same time.