SA Migration International

Daily Maverick –  31  May 2022

Following our story ‘Queue, the beloved country’, we asked our readers for their views on the crisis at Home Affairs. Here are some of the responses.

We requested feedback on the Daily Maverick website, asking readers to share their experience of service at Home Affairs. Their stories are dispiriting, to say the least.

We were robbed in the queue

I had a terrible experience at Home Affairs in Klerksdorp. My granddaughter and I went to apply for her passport and my ID card, and while standing in line outside I saw that a number of youngsters with expensive Adidas and Nike T-shirts and windcheaters on were also standing in line.

I was sure they were there to rob people of their possessions so I told my granddaughter to watch out for them, but in the meantime somebody phoned me.

I told my granddaughter to answer and I would keep an eye on things. But they were so fast – they grabbed the phone out of her hand and ran away. I ran after him and that’s when three other guys tackled me and tried to steal my wallet out of my jeans.

I am 77 years old but luckily fit, so they came away with a few bruises and without a wallet. It is amazing that SAPS is not on-site. One does not report these incidents because it’s even more dangerous around the police station than anywhere else in Klerksdorp.

Thank you for the opportunity to let you know how bad the situation is. I don’t think it will change in the near future. Luis Dias

No will to serve the public

Staff at Home Affairs are unhelpful, arrogant and inefficient owing to the “agents” who offer substantial money to acquire your documents in a back office. If the staff provide the service they are paid to give you, there is no “bonus” from the agents.

There is just no will to serve the public. Bruce Thomas

Kind lady in charge helped us

In 2018, it was a good day – only about two hours to queue with our granddaughter for her passport.

In 2019, we took our grandson. Arrived at 8am and half an hour later we were told the system was offline but we could wait and see.

At 1pm, the kind lady in charge came to us and she helped us and it was all dealt with on her own computer. This was Park Rynie South Coast. Valerie Williams

Problem for South African citizens overseas

I would like to point out that this chaos and inefficiency affects South African citizens overseas as well. We are a family of South Africans living in Florida in the US, as my husband is working here.

Fifteen months ago, we applied for my son’s new passport. We are still waiting.

His previous passport expired in August 2021, leaving him without valid identification. As a South African citizen living in a foreign country, a valid passport is essential. Without it he can’t apply for a driver’s licence, for college study or for financial assistance.

Soon, we will need to apply for a visa extension to remain in the US, which he cannot do without a valid passport. So he is at risk of overstaying his visa, and becoming illegal in the US.

I have made hundreds of calls to the consulate in Washington DC to get a status update. I have only managed to get through a handful of times.

I was told that they would email Home Affairs and get back to me. No update/response has ever been forthcoming.

We finally discovered in February 2022 that the application had been rejected and we needed to reapply. We have reapplied, but are desperately waiting, with no idea when this can be resolved. Moira Dewil

Monumental task takes a team effort

I am 72 and stood in a queue at Pietermaritzburg Home Affairs, where the line went way out into the street, and after 2.30pm, the staff were still on their lunch break. Extended lunch break?

So I had to find an alternative. I arrived at the New Hanover Home Affairs offices, 38km from my home, at 7am on a hot December day. I waited endlessly, wondering why the queue was not moving.

After a long wait, a group was invited into the hall. Just two ladies were present to handle everything.

The efficiency of the ladies was obvious. There was a real team effort in the monumental task for the large number of people.

Then came an electric storm as the loading was being done. All data was lost and I was asked to return the next day. All had to be repeated the next morning.

A notification for collection of my passport was to follow within two weeks. It didn’t arrive. I was due to fly out on Monday, so on the Friday preceding, I made the third trip.

On arrival at 9am at the Home Affairs building, the guard told me to come back on Monday, as the offices were closed.

My leg was in a brace, which he noticed. I told him my plight and he proceeded to help – he went into the office and I followed, seeking help. The kind lady tried phoning her supervisor in Pretoria for authorisation of a manual issue, to no avail. Eventually, when a copy of my visa was available, my passport was issued.

Home Affairs closed on a weekday early in the morning? It was a disruption of an essential service! Mariam Cassimjee

I have given up trying

I have lived in South Africa for almost 50 years but was born in the UK. I have been a South African citizen for 40 years and have an ID book that is so old and tattered it’s a joke. I have tried several times to renew it at Home Affairs and the queues have been so long that I have given up.

I am 80 years old and can’t stand all day waiting my turn. I was excited a few years ago when they permitted the banks to perform the renewals of IDs, but when I tried I discovered that only persons born in South Africa can use this method. Surely after 50 years in South Africa and as a citizen, I should be able to renew without the inconvenience of queuing for hours on end? Antony Wonfor

Long wait for collection

After my fourth attempt, with an appointment booked, I finally got my applications done. My question is: what happens to these applications once you have paid?

All you are told is that you will be sent a message when it’s ready for collection. As far as I can ascertain, your wait for collection is as long as doing the applications. I would be happy to hear via DM168 if they ever clear the backlog and how the system is organised with incoming applications.

We so enjoy DM168, with its topical subjects, and we like the new format. We’re senior citizens, 84 years young. Harvey and Myra Havenga

As a nurse, I was horrified by the suffering I saw

My daughter needed to get an ID for matric. As the ID card is more convenient, we attempted to get this three times from Pietermaritzburg. This was a huge performance. I had to take leave and stand in the never-moving queue for entire days.

We ultimately had to settle for the ID book, which we did in Howick. This took about three weeks, but at least we had it before the June exams. (By this point we had visited Home Affairs six times.)

The same with a passport: it took five visits, with us not even getting in the door. As our home town of Howick cannot do passports, we had to travel to Pietermaritzburg and even tried other locations such as New Hanover, which we also visited three times on three days with no success.

The sites are terrible. None has public toilets and people are forced to urinate in public or use facilities at local restaurants.

No seating is available, so one either brings a camp chair, or you stand for up to 12 hours. As a nurse, I was horrified by the suffering I saw, including one lady with a newborn in arms. She said she could lose her job as she had to register the baby but could not keep missing work to do this. An old lady in a wheelchair, frail and exhausted. People on crutches, young and old, rich and poor. Essentially, it is a great leveller.

After five useless visits, we finally paid a “contact” to stand in the queue for us. These ladies start queuing for others at 3am so that we can be third, fourth or fifth in the queue at 7am. If the “system is online” and we have no power failures and a million other ands, you are able to get in the door.

What can make it better? As the application can be completed online, why can’t a booking be made for the completion of the application? Why are there not more banks made available for this? Manage the queues: there should be different lines for births, deaths and passports outside already. The aged and the frail should be given preference, as well as those with infants.

Basic facilities should be provided – toilets, seating, shade and safety.

The “online/offline” situation should be addressed urgently! How is this such a disastrous situation?

Generators or back-up power should be available for the constant interruption of power, or facilities like these should be exempt from cuts

www.samigration.com

SA Migration – 31/05/2022

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Get in touch with us if you’d like a professional yet personal experience provided by our experienced consultants.
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Sa Migration – 31 May 2022

South Africa is the destination of choice for many people from the continent and the world. As a result of this the country’s ports receive millions of travellers annually entering for various reasons. However, on occasion a traveller is refused entry having been deemed ineligible for entry into the Republic for one or more reasons. Often persons who find themselves in this position are summarily sent back to their country of embarkation without being informed of their rights if any under our law and how to exercise these rights. In this week’s piece we will explore what the Immigration Act provides for persons in this position as well as what our courts have concluded in cases involving persons who have been refused entry.

Section 8(1) of the Immigration Act regulates what happens to a person who has been refused entry at a port of entry. Section 8(1) provides “An immigration officer who refuses entry to any person or finds any person to be an illegal foreigner shall inform that person on the prescribed form that he or she may in writing request the Minister to review that decision and-

1. a) If he or she arrived by means of a conveyance which is on point of departing and is not call at any other port of entry in the Republic, that request shall without delay be submitted to the minister; or

2. b) in any other case than the one provided for in paragraph (a), that request shall be submitted to the minister within three days after that decision.

Two key rights are expressed in this section, the first one is the right to be notified of the reasons for being denied entry and secondly the right to make an appeal to the Minister to review the decision. The Act also makes provision for a time frame of when the appeal should be made in these two instances when entry has been refused. The first arises when the conveyance is set to depart and will not call upon another port of entry in which case that appeal must be made immediately. The second instance is when conveyance is not at the point of departing, in which case the appeal must be made within three days from the act of being refused entry.

In section 8(2) the Immigration Act goes on to provide that if any person is refused entry or found to be an illegal foreigner as contemplated above, who has requested a review of such decision but is on a conveyance that is set to depart as contemplated in section 8(1)(a) shall depart on that conveyance and shall await the outcome of the review outside the republic. In a case arising under section 8(1)(b) , where the conveyance is not at the point of departure and the person has lodged an appeal with Minster the Act provides that this person Shall not be removed from the republic before the Minister has confirmed the relevant decision. Here is where the problems tend to begin, firstly most are not informed of their rights as required by the Act but where they are informed there seems to be a concerted effort by the Immigration officials to secure the immediate removal of the person notwithstanding the protections afforded to the person.

The right to review and to reasons are hallmarks of our administrative law and are enshrined in the section 33 of the Constitution which vests everyone who is at the receiving end of an adverse decision by the state the right to appeal that decision and the demands that the public official must provide reasons of their decision in writing. Our law recognises that the right to Just administrative action has two key aspects, the first one being the substantive aspect encapsulated in the statement the administrative action must be lawful or put differently it must be in line with an empowering legislation and the constitution. The second relates to the procedural fairness, the conduct or act must conform to procedural prescripts of the Act. Meaning where the Act says the official must inform the person by issuing a form 1, the failure to issue that form renders the action unlawful.

In the past when Home Affairs has been challenged on actions its officials have taken to deny a person entry they have put forward two principal arguments, first that have stated that once they have denied some one entry that person is no longer their responsibility but that of the conveyance as contemplated in section 35(10) of the Immigration Act. The have also argued that technically persons in the arrivals area at the port of entry who have not been formally admitted into the republic are not in the republic and therefore not subject to the protections afforded to them by the Act and the constitution. A final argument has been that in cases where a person has lodged an appeal in terms section 8(2)(b) wherein the Act provides that person shall not be removed from the republic, that person is not deprived if freedom as contemplated in section 12 of the constitution while also arguing they cannot be allowed to await the Ministers decision in the republic as doing so would be detrimental to their immigration enforcement efforts.

All these arguments have been dismissed out of hand by the courts. In Lawyers for Human rights & another// the Minster of t Home Affairs & another 2004 (4) SA 125 (CC) the Constitutional court held that “The denial of these rights to human beings who are physically inside the country at sea or airports merely because they have not entered South Africa formally would constitute a section of the values underlying our constitution”

In other Judgments in the SCA and High court this argument was dismissed as pure sophistry which ought to be disregarded offhand and that our courts would have jurisdiction to intervene in these matters in the same manner as they would be expected to intervene in a case involving the murder of a person at a port or entry. In Abdi V the Minister of Home Affairs (734/10) 2011 ZASCA 2, the Supreme court of Appeal found that Home Affairs remained the responsible authority when a person has been refused entry and they do not at any point abdicate that responsibility to the conveyance

As to whether a court can order the release of an inadmissible foreigner from an inadmissible faculty pending the outcome of a review of the decision the courts appear divided with judgements for and against the release. In Chen v the Director General of Home Affairs 2014 ZAWCHC 181, the court having assessed the conditions of the holding facilities at the airport concluded that these holding facilities were in fact detention facilities that had the effect of violating a person’s fundamental right to dignity and the right to freedom and security of person and her right to freedom of movement. The court went on to order the release of the person pending the minister’s decision but left it to the DHA to determine the conditions of the persons release.

As a final note for the airline industry who often find themselves caught between a rock and a hard place in these situations. It is worth noting the judgment of the High Court in Lin & Another v the Minster of Home Affairs & others. The court made several adverse findings against the airline in that case including punitive orders for contempt of court against certain employees of the airline. The airline had argued that their function was to merely carry out the orders of the Home Affairs in this case however the court found them wanting and essentially stating that where the airline has been advised of the persons rights it has a duty to ensure that they do not participate in the violation of that persons rights by observing the letter of the law and not blindly follow the instruction of DHA which often have been found to be unlawful.

www.samigration.com

SA-Migration  31/05/2022

The Immigration Act and the Department of Home Affairs abhors fraudulent documents. Section 29(1)(f) provides ; The following foreigners are prohibited person and do not qualify for a port of entry visa, admission into the republic , visa or a permanent residence permit … anyone found in possession of a fraudulent visa, passport , permanent residence permit or identification document. Section 49(14) and 49(15) makes the use or attempted use of or uttering of any fraudulent document for the purpose of entering remaining in or departing from and residing in the republic a criminal offence, of which a person on conviction is liable to imprisonment of up to 15 years.

So when one finds him of herself in possession of a fraudulent document how does one comeback from this immigration abyss?

There are two paths to rehabilitating yourself when you have been rendered a prohibited person for using or attempting to use or uttering a fraudulent visa, permit or Identity document. Section 29(2) makes provision for the Director General on good cause declare that person is no longer a prohibited person.

This is done by way of submitting an application to Director General setting forth good cause why the person should be removed from the prohibited persons list.

Another avenue is in terms of section 32 of the Immigration Act and Regulation 30. Section 32 is an appropriate route in the event that the person is still in the country and looking to apply for a new visa. Regulation 30 provides 3 tests, that a person is an illegal foreigner, who has neither been arrested for the purpose of deportation nor been ordered to leave and who wishes to apply for a status after the expiry of his or her status.

Section 32 is applicable because by virtue of being in possession of a fraudulent permit or visa and have not been arrested ordered to leave then you meet the criteria under section 32.

The next criteria is that the person would need to show good cause why you failed to renew your previous visa.

This would include the circumstances that led to you being in possession of fraudulent document. Often people are victims of an elaborate immigration scam and their permits would have worked for few times and so would be unaware of the fraudulent nature of their status until it is brought to their attention. They are as much victims of the fraud as is the state. It is important to be able to prove definitively that a third party was at play and in our experience, this works to the persons advantage.

The last criteria would be proof that the person is eligible for the visa that they intend to apply for. This is submitted in the form of all the required documents for the respective visa.

It is important to highlight that immigration issues of this kind do not go away with time. The Department will always discover that a person’s status is fraudulent or obtained in a fraudulent manner. So tackling these head on will be the best approach to any similar situation. The effect of coming forward to attempt to regularise your status is better than not doing anything. Any good faith effort to rehabilitate your status will certainly mitigate risks of being criminally convicted and will count as a positive in an application to remove the prohibited person status.

It is also accepted that not every case can be rehabilitated.

For assistance with your immigration matter you can contact us at our offices and speak to one of our specialists.

Sa Migration International

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

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www.samigration.com

SA Migration – 30/05/2022

If your asylum application is rejected, this means that the DHA does not recognise you as a refugee.
You will receive a letter stating that you must leave the country or file an appeal usually within 30 days of being told of the rejection.
Depending on the reasons for the rejection of your application, you will need to appeal to the Refugee Appeal Board or the Standing Committee for Refugee Affairs.
If you think that you do qualify for refugee status it would be a good idea to seek legal advice from an organisation such as ours

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
Please rate us by clinking on this links :
Sa Migration International
https://g.page/SAMigration?gm
Alternatively, please contact us on :
Sa Migration International
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
www.samigration.com

SA Visa -30-05-2022

Many tourists have been thrown into the deep end as Home Affairs implement South African visa changes overnight.

I’m sure by now many of you have read or heard about the recent rules that have come into effect for the SA Visa. After doing some research I decided to gather some information together to try and put your minds at ease and make sure you are aware of how to avoid being declared an “undesirable” person.

First… The changes.

90 Day Tourist Visa & Extensions

As before, upon arrival into South Africa you will receive a 90 day Tourist Visa (exemptions apply, please check the DHA website) or if you are from a visa requiring country sometimes only 15 day visa . This Visa has the option of a further 90 day extension (total 180 days), however at present these are not guaranteed and are quite difficult to get approved in time.

Extensions can be done via VFS Global, a visa facilitation company. Applications must be done online through the VFS website, by filling in an application form, scheduling an appointment and paying the relevant fee via EFT.

On the day of your appointment at VFS you will need to submit all documentation and have your biometric data recorded. You will be given a receipt that must be kept to collect your passport and documents IF your extension is granted.

Travelling With Children

Parents travelling with children under the age of 18 MUST carry an Unabridged Birth Certificate in addition to the child’s passport.

This applies to ALL travel… Inbound, Outbound and In Transit.

When a child is travelling with one parent, that parent in addition to the above must also have consent from the other parent in the form of an Affidavit or Court Order or in the case of the other parent being deceased, a Death Certificate.

If the child is travelling unaccompanied, proof of consent from both parents or if one parent, an Affidavit/Court Order/Death Certificate as stated above.

A letter from the person who will be receiving the child containing the residential address and contact details where the child will be residing, a copy of the Passport/Identity Document for the receiving person and lastly the contact details of the parents.

Second… The Problems

90 Day Tourist Visa & Extensions

Clients who wish to apply for the extension of a further 90 days must make application as soon as possible once arriving in South Africa. Processing time is currently taking approximately 60 days and longer.

If your application is not granted before your 90 days is up, you MUST leave South Africa within those 90 days or consult an immigration practitioner about other options . Persons who stay beyond that period will be declared “undesirable” and prohibited from re-entry into South Africa for:

• 1 year, if you overstay 30 days or less;

• 2 years, if you overstay for a second time within 24 months;

• 5 years, if you overstay more than 30 days.

Persons will also be banned at the airport on departure.

These bans can be appealed but can take months, be expensive and have no guarantee of a positive outcome.

“Border Hopping” (travelling into neighbouring countries for short periods and re-entering South Africa) is no longer allowed.

Persons who come in for 6 months every year, “Swallows” are advised to apply for the 4 Year Tourist Visa

Please note: There is NO GUARANTEE that your application for a Visa Extension will be granted and no refund is applicable if the application is denied. So use an immigration practitioner

Travelling With Children

Travel will not be permitted at all if the documentation needed is not provided. This stands when leaving your home country or South Africa when travelling with children under the age of 18.

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

Please rate us by clinking on this links :

Sa Migration Visas

Alternatively , please contact us on :

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

www.samigration.com

Don’t Be Declared “Undesirable”

SA Visa -30-05-2022

Many tourists have been thrown into the deep end as Home Affairs implement South African visa changes overnight.

I’m sure by now many of you have read or heard about the recent rules that have come into effect for the SA Visa. After doing some research I decided to gather some information together to try and put your minds at ease and make sure you are aware of how to avoid being declared an “undesirable” person.

First… The changes.

90 Day Tourist Visa & Extensions

As before, upon arrival into South Africa you will receive a 90 day Tourist Visa (exemptions apply, please check the DHA website) or if you are from a visa requiring country sometimes only 15 day visa . This Visa has the option of a further 90 day extension (total 180 days), however at present these are not guaranteed and are quite difficult to get approved in time.

Extensions can be done via VFS Global, a visa facilitation company. Applications must be done online through the VFS website, by filling in an application form, scheduling an appointment and paying the relevant fee via EFT.

On the day of your appointment at VFS you will need to submit all documentation and have your biometric data recorded. You will be given a receipt that must be kept to collect your passport and documents IF your extension is granted.

Travelling With Children

Parents travelling with children under the age of 18 MUST carry an Unabridged Birth Certificate in addition to the child’s passport.

This applies to ALL travel… Inbound, Outbound and In Transit.

When a child is travelling with one parent, that parent in addition to the above must also have consent from the other parent in the form of an Affidavit or Court Order or in the case of the other parent being deceased, a Death Certificate.

If the child is travelling unaccompanied, proof of consent from both parents or if one parent, an Affidavit/Court Order/Death Certificate as stated above.

A letter from the person who will be receiving the child containing the residential address and contact details where the child will be residing, a copy of the Passport/Identity Document for the receiving person and lastly the contact details of the parents.

Second… The Problems

90 Day Tourist Visa & Extensions

Clients who wish to apply for the extension of a further 90 days must make application as soon as possible once arriving in South Africa. Processing time is currently taking approximately 60 days and longer.

If your application is not granted before your 90 days is up, you MUST leave South Africa within those 90 days or consult an immigration practitioner about other options . Persons who stay beyond that period will be declared “undesirable” and prohibited from re-entry into South Africa for:

• 1 year, if you overstay 30 days or less;

• 2 years, if you overstay for a second time within 24 months;

• 5 years, if you overstay more than 30 days.

Persons will also be banned at the airport on departure.

These bans can be appealed but can take months, be expensive and have no guarantee of a positive outcome.

“Border Hopping” (travelling into neighbouring countries for short periods and re-entering South Africa) is no longer allowed.

Persons who come in for 6 months every year, “Swallows” are advised to apply for the 4 Year Tourist Visa

Please note: There is NO GUARANTEE that your application for a Visa Extension will be granted and no refund is applicable if the application is denied. So use an immigration practitioner

Travelling With Children

Travel will not be permitted at all if the documentation needed is not provided. This stands when leaving your home country or South Africa when travelling with children under the age of 18.

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

Please rate us by clinking on this links :

Sa Migration Visas

Alternatively , please contact us on :

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

www.samigration.com