Archive from January, 2021

Intra-Company Transfer (ICT) Visas

Home Affairs – approved in country extensions of
The Minister of Home Affairs, PA Motsoaledi, has approved in country extensions of Intra-Company Transfer (ICT) Visas, provided the following conditions are met –
• in respect of foreigners whose ICT visas had expired during the lockdown, including the current period, as well as those whose visas are due to expire before 31 June 2021;
• the applicant is currently in country;
• prescribed Immigration Requirements applicable to previous and current ICT are met by the applicant.

If your require any further information or assistance with this or any other visa/permit related issues, please email us on info@samigration.com

Kind Regards

Court victory for “invisible, undocumented children”

Fathers to be able to register the births of their children without the mother being present or giving consent
In a victory for “invisible, undocumented children”, unwed fathers will soon be able to register the births of their children without the mother being present or giving consent.
In a victory for “invisible, undocumented children”, unwed fathers will soon be able to register the births of their children without the mother being present or giving consent.
In a ruling this week, three judges of the Eastern Cape High Court, deemed the relevant provision of the Births and Death Registration Act, to be unconstitutional. It still has to be confirmed by the Constitutional Court.
The matter was initially raised by Legal Resources Centre (LRC), with the support of the Centre for Child Law, in a “public interest” application against the Minister and Director-General of Home Affairs.
They were acting on behalf of a South African National Defence Force soldier who met, and fell in love with a Congolese woman while posted on a peacekeeping mission in her country. They married according to customary law in the DRC.
She, along with their two children, came to South Africa on a visitors permit in 2015, where she gave birth to their third child.
Despite the fact that the child was born in South Africa and the father was South African, Home Affairs refused to register the birth because the mother was “undocumented”.
In the high court in 2018, Acting Judge Apla Bodlani declined to declare the sections of the Act unconstitutional. Instead, he ordered amendments to the wording of some of the regulations.
LRC was happy with Judge Bodlani’s ruling. In a statement at the time, it said it was a victory for single fathers trying to register births when the mother is foreign and undocumented or absent or had abandoned the children.
But the Centre for Child Law was intent on overturning section 10, which does not make provision for a child to receive their father’s surname or details of their father on their birth certificate without the mother’s involvement.
Home Affairs did not oppose the appeal.
Judge Sunil Rugunanan, who penned the appeal judgment, said the case affected vulnerable members of society and “a multitude of child cases” born to unmarried fathers. He said children without birth certificates were “invisible” and were effectively denied support and assistance necessary for their positive growth and development, including education and access to social grants.
“The numerous cases in the (Centre’s) papers evokes empathy if one comprehends the extent to which lack of birth registration exacerbates marginalisation,” said the Judge.
Section 10 posed a bar that was discriminatory, not only to the fathers of children born out of wedlock but to the children themselves on grounds that were arbitrary.
“A law that engenders discrimination with the potential for consequences of the enormity shown, cannot be said to be in the best interests of the child, which is paramount.”
He said the “reading in”, as ordered by Judge Bodlani, had only a limited effect and did not address the fundamental problem that section 10 in its entirety did not provide a mechanism for a child born out of wedlock to be registered in the surname of his or her father where the mother was absent.
He declared the section unconstitutional, giving the legislature two years to amend it to ensure it is “constitutionally compliant” and referred the order to the Constitutional Court for confirmation.
The Centre said: “The judgment affirms the fact that every child has the constitutionally enshrined right to a name and nationality from birth and their best interests are of paramount importance in every matter concerning the child.
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You are on an Angolan Dispensation Permanent Residence Visa , have a family here or back home , wife and children in SA – no status – there is a way for them to join you legally

Our dynamic team of immigration consultants provide specialist advice on temporary residence visas, permanent residence permits, appeals on rejected applications, undesirable declaration waivers, V-listing and legal immigration services. Get in touch with us if you’d like a professional yet personal experience provided by our experienced consultants.
How can we help you , please email us to info@samigration.com whatsapp me on:
+27 82 373 8415, where are you now? check our website : www.samigration.com

You on a Zimbabwean ZEP Visa , have a family here or back home , wife and children in SA – no status – there is a way for them to join you legally

Our dynamic team of immigration consultants provide specialist advice on temporary residence visas, permanent residence permits, appeals on rejected applications, undesirable declaration waivers, V-listing and legal immigration services. Get in touch with us if you’d like a professional yet personal experience provided by our experienced consultants.
How can we help you , please email us to info@samigration.com whatsapp me on:
+27 82 373 8415, where are you now? check our website : www.samigration.com

Minister instructs schools to enrol all undocumented children

A Rwandan asylum seeker told GroundUp she has been to the Western Cape Metro North Education District, but officials refused to help her enrol her child without a study permit. Western Cape education department spokesperson Bronagh Hammond said the province was busy drafting its circular for schools.
Angie Motshekga has sent a circular to schools to comply with a ruling by the high court
Following a ruling by the Eastern Cape high court (Grahamstown) on December 12 that schools should admit undocumented children, the department of basic education has now issued a circular instructing schools to comply.
On Tuesday, minister Angie Motshekga sent a circular for provincial education departments, heads of provincial government sections, district directors, school governing bodies, school principals, all South African schools and governing body associations to follow the precedent set by the court.
Judge president Selby Mbenenge ruled that the education department could not remove or exclude “children, including illegal foreign children, already admitted, purely by reason of the fact that the children have no identity document number, permit or passport, or have not produced any identification documents”.
However, at the start of this school year, GroundUp found schools that were still turning away undocumented immigrant children despite the ruling and a previous circular sent in July last year by the acting director-general of the department of basic education SG Padayachee instructing public schools to accept undocumented children conditionally while their parents try to obtain documents.
Spokesperson for the African Diaspora Forum, Amur Sheikh, said: “We hope to see the full implementation of the circular. We will also be visiting schools that have been known for making admission difficult for migrant children.”
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Denmark and Vietnam latest countries to ban SA travellers, fearing new Covid variant

• Israel, Turkey, Germany, Saudi Arabia, Denmark, the UK and Vietnam have all halted air travel to and from South Africa.
• The suspension of flights follows the detection of 501.v2, a mutated SARS-CoV-2 variant which holds a higher transmission rate.
• A wave of cancellations impacting the UK is likely to extend to South Africa, as countries try and keep new, possibly more virulent, variants of the coronavirus out.
Several countries have imposed travel bans on South Africa after a new, more infectious SARS-CoV-2 mutation was confirmed in mid-December.
The 501.v2 variant was initially identified in the Eastern Cape, KwaZulu-Natal, and along the Garden Route. It has since spread to other parts of the country and the world and may have properties that allow it to spread faster than other variants of the coronavirus.
A new, and also possibly more virulent variant has, similarly, been confirmed in the UK by Prime Minister Boris Johnson, who announced tougher lockdown measures for London on Saturday 19 December. Following a surge in infections, the UK implemented tighter lockdown restrictions to start the new year.
Following the variant’s initial discovery, dozens of countries have banned flights from the UK.
These countries have already closed their borders to South African travellers in response to the new variant.
Vietnam
On 5 January, Vietnam’s health and transport ministries announced an immediate suspension of flights from both South African and the UK.
“The risk for the disease to penetrate and spread in Vietnam is very high, especially from people entering from infected countries,” the health ministry said in a statement.
Denmark
On 5 January 2021, Denmark’s justice ministry announced that “foreigners residing in South Africa will be refused entry” as part of a travel ban expected to last until at least 17 January. Exceptions include travel for child care purposes and family visits for people who are sick or dying. Access under these circumstances will still be subject to a negative Covid-19 PCR test.
United Kingdom
UK Health Minister Matt Hancock confirmed that direct flights from South Africa would be suspended at 09:00 on 24 December 2020. Travellers who have been in, or transited through, South Africa in the last ten days will also not be permitted to enter the UK.
Additionally, Hancock urged anybody who had been in contact with someone travelling from South Africa in the past two weeks to self-isolate in quarantine.
“This new variant is highly concerning, because it is yet more transmissible, and it appears to have mutated further than the new variant that has been discovered in the UK,” Hancock announced.
The Netherlands (reversed decision on 23 December)
Although the Dutch Ministry of Foreign Affairs, which was one of the first to implement a UK travel ban on 20 December, initially announced that the Netherlands had closed its borders to South African travellers, regulations were revised on 23 December.
KLM airlines confirmed that South African travellers would be afforded access to the Netherlands on condition that they submit a negative Covid-19 PCR test result obtained less than 72 hours before arrival. Even with a negative result, travellers coming from South Africa will need to quarantine for ten days.
“KLM welcomes this decision and confirms that this updated regulation enables KLM to operate all passenger flights from South Africa to Amsterdam from 23 December 2020 and onwards as initially planned,” the airline said in a statement.
Israel
On Sunday 20 December, Israeli Prime Minister Benjamin Netanyahu confirmed that all commercial flights from Britain, Denmark and South Africa had been suspended. Any travellers returning to Israel, who had spent any period of time in either Britain, Denmark or South Africa in the past 30-days, will be subject to a mandatory quarantine period.
Turkey
Turkey’s Health Minister Fahrettin Koca announced a temporary ban on all flights from Britain, the Netherlands, Denmark, and South Africa, citing dangers of the new Covid-19 variant. “It has been reported that the rate of transmission has increased with the mutation of the coronavirus,” said Koca.
Germany
Germany’s Federal Minister for Health Jens Spahn confirmed that flights from the UK and South Africa would be suspended from Monday 21 December. “Because of the reported coronavirus mutation, the federal government intends to restrict travel options between Germany and Great Britain and South Africa,” added government spokeswoman Martina Fietz. The temporary suspension will be reviewed on 31 December 2020.
Lufthansa confirmed that only flights from Frankfurt and Munich to South Africa will continue to operate. Flights from South Africa to Germany will reopen between 1 January and 6 January 2021 but will only be offered to passengers with German citizenship or proof of permanent residence.
Saudi Arabia
Saudi Arabia’s Ministry of Health has confirmed the suspension of all international flights. Passengers in transit on Monday 21 December will, however, be allowed to complete their travel plans. The suspension will last until the end of 2020 and may be extended if cases continue to rise in high-risk countries.
Switzerland (revised 24 December)
Switzerland’s Federal Office of Civil Aviation “suspended all air traffic connections” with South Africa and the UK on Sunday 20 December 2020. “Switzerland is reacting to the appearance of a new variant of the coronavirus, which, according to initial findings, is significantly more contagious than the known form,” the authority said in a statement.
This decision was revised, allowing for limited flight operations from Thursday 24 December to “allow persons resident in the UK and South Africa to return home for Christmas”. The Swiss Federal Office of Public Health confirmed that departures would be closely monitored and that persons leaving Switzerland will be kept separate from others using the airport.
Additionally, return flights into Switzerland, from the UK and South Africa, will only be offered to Swiss citizens or holders of a Swiss residence permit or type D visa from Switzerland. These flights will need to be preapproved by the Swiss Federal Office of Civil Aviation and citizens looking to return home have been urged to contact their preferred airline directly.
Mauritius
On Monday afternoon, Mauritius confirmed that any person who had resided or travelled through the UK or South Africa in the last 15 days would be banned from entering the island nation.
Panama
The Central American nation announced that travellers from the UK and South Africa would be barred entry, effective from 23:59 on Monday 21 December.
These countries have banned travel from the UK, which makes bans on SA likely to follow
The UK has been hit with a swell of flight suspensions across the European Union and the world. Bans impacting South Africa, as a result of the 501.v2 variant’s presence, are likely to follow.
• France
• Norway
• Belgium
• Lithuania
• Latvia
• Estonia
• Italy
• India
• Ireland (travel ban ends on Saturday 9 January 2021)
• Austria
• Hong Kong
• Canada
• El Salvador
• Colombia
• Morocco
• Chile (effective Tuesday)
• Finland
• Argentina
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Permanent Residence via Child now permitted in South Africa

Did you know that you may apply for permanent residence if you are a relative ( parent ) of citizen or permanent residence holder within first level of kinship . In other words you can apply via your child .

Changes to the Immigration regulations now permits a father or mother to apply for permanent residence via their child .

We have found in many of the marriages where for example the spouse or life partner is
on temporary residence , they have a child with a South African but don’t have the 5 years good faith relationship , did you know you could apply for permanent residence via your child

Please contact us and let us show you how .
email us to info@samigration.com whatsapp me on:
+27 82 373 8415, where are you now? check our website : www.samigration.com

Whatsapp Tel No : +27 (0) 82 373 8415

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )
Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155

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