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Immigration Regulations 2014

Immigration Regulations 2014. Sithembiso Ntuli Policy Analyst. Overview. A. CHILD TRAVELLING B. STUDY VISA C. WORK VISA D. VISA APPLICATION, RENEWAL OR EXTENSION. A. CHILD TRAVELLING. 1. CHILD TRAVEL WITH BOTH PARENT

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Immigration Regulations 2014

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  1. Immigration Regulations 2014 Sithembiso Ntuli Policy Analyst

  2. Overview A. CHILD TRAVELLING B. STUDY VISA C. WORK VISA D. VISA APPLICATION, RENEWAL OR EXTENSION

  3. A. CHILD TRAVELLING 1. CHILD TRAVEL WITH BOTH PARENT Where parents are travelling with a child, such parents must produce an unabridged birth certificate of the child reflecting their particulars as parents of the child.

  4. CHILD TRAVELLING 2. CHILD TRAVEL WITH ONE PARENT One parent travelling with a child, must produce an unabridged birth certificate and – • Consent in the form of an affidavit from the other parent authorising him or her to enter into or depart from the Republic with the child he or she is travelling with; • A court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child; or • Where applicable, a death certificate of the other parent registered as a parent of the child on the birth certificate;

  5. CHILD TRAVELLING 3. CHILD TRAVEL WITH PERSON NOT BIOLOGICAL PARENT Where a person is travelling with a child who is not his or her biological child, he or she must produce: • A copy of the unabridged birth certificate of the child; • An affidavit from the parents or legal guardian of the child confirming that he or she has permission to travel with the child; • Copies of the identity documents or passports of the parents or legal guardian of the child; and • The contact details of the parents or legal guardian of the child, Provided that the Director-General may, where the parents of the child are both deceased and the child is travelling with a relative or another person related to him or her or his or her parents, approve such a person to enter into or depart from the Republic with such a child.

  6. CHILD TRAVELLING 4. CHILD TRAVELLING ALONE (UNACCOMPANIED MINOR) Any unaccompanied minor shall produce to the immigration officer • Proof of consent from one of or both his or her parents or legal guardian, as the case may be, in the form of a letter or affidavit for the child to travel into or depart from the Republic: • Where one parent provides proof of consent, that parent must also provide a copy of a court order issued to him or her in terms of which he or she has been granted full parental responsibilities and rights in respect of the child; • A letter from the person who is to receive the child in the Republic, containing his or her residential address and contact details in the Republic where the child will be residing; • A copy of the identity document or valid passport and visa or permanent residence permit of the person who is to receive the child in the Republic; and • The contact details of the parents or legal guardian of the child.

  7. B. STUDY VISA • DEFINITION Study Visa refers to an authority or permission given to the holder which allows her or him to study at an institution of learning such as a school in the issuing country where s/he does not hold citizenship.

  8. STUDY VISA 2. NEW TERMS • ‘Visa’ replaces the word ‘Permit’ • Study Permit will now be called a Study Visa • Work Permit will be called a Work Visa • The Permanent Residence Permit is the only category that will retain the use of the word ‘Permit’.

  9. STUDY VISA 3. DURATION Study visas will be issued for the duration of the study or course. BUT • Primary school shall not exceed eight (8) years. • Secondary school shall not exceed six (6) years. • Higher education and training institutions shall not exceed four (4) years.

  10. STUDY VISA 3. DURATION (CONT.) A study visa shall automatically lapse if its holder – • fails to register with the learning institution at any time during the period for which his or her visa has been issued • is deregistered from the learning institution at any time during the period for which his or her visa has been issued

  11. STUDY VISA 4. APPLICATION PROCESS AND DOCUMENTS An applicant under the age of 18 shall submit- • an unabridged birth certificate; • a valid passport; • proof of physical address and contact number of the adult person residing in the Republic, who is acting or has accepted to act as such learner's guardian, including a confirmatory letter from that guardian; • proof of consent for the intended stay from both parents, or where applicable, from the parent or legal guardian who has been issued with a court order granting full or specific parental responsibilities and rights or legal guardianship of the learner.

  12. STUDY VISA APPLICATION PROCESS AND DOCUMENTS (Cont.) • Complete and Submit Application Form (Form No: 8) • An official letter confirming provisional acceptance or acceptance at the learning institution (e.g. school) and the duration of the course; • In the case of a foreign state accepting responsibility for the applicant in terms of a bilateral agreement, a written undertaking from such foreign state to pay for the departure of the applicant.

  13. STUDY VISA APPLICATION PROCESS AND DOCUMENTS (Cont.) • an undertaking by the parents or legal guardian that the learner will have medical cover for the full duration of the period of study • Proof of medical cover renewed annually for the period of study with a medical scheme registered in terms of the Medical Schemes Act. • Proof of sufficient financial means available to the learner whilst resident in the Republic.

  14. STUDY VISA 5. APPLICATION UNDERTAKING BY PRINCIPAL • Within 60 days of registration provide proof of registration; • Within 7 days of the closing date of registration provide the Director-General with a notification of failure to register- in the event of failure to register by the closing date; • Within 30 days, notify the Director-General that the applicant is no longer registered with such institution; and • Within 30 days, notify the Director-General when the applicant has completed his or her studies or requires to extend such period of study

  15. STUDY VISA 5. APPLICATION UNDERTAKING BY PRINCIPAL (Cont.) A study visa shall automatically lapse if any of the undertakings are not met.

  16. C. WORK VISA 1. DEFINITION Work visa refers to an authority or permission given to the holder which allows her or him to take employment in the issuing country where s/he does not hold citizenship.

  17. WORK VISA 2. TYPES OF WORK VISAS • Work Visa – General 2. Work Visa – Critical Skills 3. Work Visa – Intra Company Transfer

  18. WORK VISA 3. DURATION OF WORK VISA The General Work Visa is issued for a period not exceeding five (5) years. A critical skills visa is issued for a period not exceeding five (5) years. An intra- company transfer work visa is issued for a period not exceeding four (4) years and is not renewable.

  19. WORK VISA 4. APPLICATION PROCESS AND DOCUMENTATION 4.1 GENERAL REQUIREMENTS FOR WORK VISA • Complete and Submit Application Form (Form No: 8) • Undertaking by the employer accepting deportation of applicant and family where necessary. • Police clearance

  20. WORK VISA 4.2 REQ. SPECIFIC TO GENERAL WORK VISA 1. Certificate from Department of Labour stating the following: • despite diligent search, the prospective employer was unable to find the suitable citizen or permanent resident with qualifications or proven skills and experience equivalent to those of the applicant; • the applicant has qualifications or proven skills in line with the job offer; • the salary and benefits of the applicant are not inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the Republic; and • the contract of employment stipulating the conditions of employment

  21. WORK VISA 2. Proof of qualifications evaluated by SAQA and translated by sworn translator into one of the official languages of the Republic of SA. 3. Full particulars of employer; 4. Undertaking by employer to inform Director General should applicant not comply with visa conditions and provisions of the Act.

  22. WORK VISA APPLICATION PROCESS AND DOCUMENTATION (Cont.) 4.3 REQ. SPECIFIC TO GENERAL WORK VISA 1. Proof that the applicant falls within the critical skills category in the form of - • Written confirmation of skills and qualifications of the applicant from SAQA recognised professional body, council or board; • Proof of application for a certificate of registration with SAQA recognised professional body, council or board, if law requires it. • Proof of evaluation of foreign qualification by SAQA- translated by sworn translator into one official SA language.

  23. WORK VISA APPLICATION PROCESS AND DOCUMENTATION (CONT.) 4.4 REQUIREMENTS SPECIFIC TO INTRA COMPANY TRANSFER WORK VISA 1. Foreigner’s contract of employment with a company abroad valid for a period of not less than six (6) months. 2. A letter from – • company abroad confirming that the foreigner shall be transferred to a branch, subsidiary or an affiliate of that company in the Republic; and • the branch, subsidiary or an affiliate in the Republic confirming the transfer of the foreigner and specifying the occupation -

  24. WORK VISA and capacity in which that foreigner may be employed.

  25. WORK VISA 4.5 REQ. SPECIFIC TO INTRA COMPANY TRANSFER WORK VISA - EMPLOYER RESPONSIBILITY The employer shall ensure that – • The foreigner is only employed in the specific position for which the visa has been issued; • The foreign employee will at all times comply with visa conditions and provisions of the Act. • A plan is made for the transfer of skills to a South African citizen or permanent resident. • Undertaking to reimburse the Department any costs that may be incurred in relation to deportation of intra company holder and her or his family.

  26. D. VISA APPLICATION, RENEWAL OR EXTENSION 1. First- time application for Visa will be made at the Mission Offices abroad. 2. Visa Renewals and/or extensions may also be done at the Missions Offices abroad. 3. The Department of Home Affairs has appointed VFS Global to manage and receive Visa and Permit Renewals and/or extensions in South Africa 4. VFS Global does not deal with initial or first time Visa Applications

  27. VISA APPLICATION, RENEWAL OR EXTENSION VFS GLOBAL CONTACT DETAILS Telephone: +27124253000 (Operational hours – 08h00 to 12h00 & 13h00 to 17h00) Email: info.dhasa@vfshelpline.com Helpline : +27124253000 Website: http://www.vfsglobal.com/dha/southafrica/

  28. THANK YOU

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