The significance of the right to family life and the preservation of the family unit, integral to the right to dignity as outlined in the constitution, has once again emerged as a focal point, reshaping the landscape of immigration. In a recent ruling, the Constitutional Court in the case of Rayment and Others v Minister of Home Affairs and Others; Anderson and Others v Minister of Home Affairs and Others [2023] ZACC 40 declared sections 10(6), 11(6), and 18(1) as inconsistent with the Constitution. This legal challenge centered around individuals holding spouse visas, which were rendered inva ..read more

Today, the Minister of Home Affairs has published Directives 3 and 4 of 2023 in the Government Gazette, implementing the Minister’s decision to grant new exemption permits for Zimbabwean and Basotho Nationals who have been residing and working in South Africa under the Exemption Permits issued in accordance with section 31(2)(b) of the Immigration Act. This move marks a surprising departure from the Department’s previous stance, which initially suggested that these permits would not be renewed. The decision, made in late 2021, faced legal challenges that the Department ultimately lost, prompti ..read more

Last Friday, on the 29th of September, we had the privilege of attending a webinar hosted by the Chief Director of Corporate Accounts at the Department of Home Affairs. The event centered around the second-quarter review of the critical skills list, which preceded the release of the updated critical skills list. During the webinar, the Department offered valuable insights into the behind-the-scenes developments regarding the ongoing review of the critical skills list, the visa adjudication process, and common reasons for application rejections. Furthermore, they shed light on the steps being t ..read more

The African proverb, “When elephants fight, it is the grass that suffers,” perhaps best describes the effects of the outcome of the fight between the ZEP holders and the Department of Home Affairs. Yesterday, the High Court handed down its judgment in the case brought by the Helen Suzman Foundation. The case had been brought before the court in response to the government’s decision in November 2021 not to continue with a special dispensation program for Zimbabweans. These permits had been in place since 2009 and granted a group of over 177,000 rights to reside in the Republic. In its submissio ..read more

2021 has been a very busy period for us working in the field of SA immigration.  The continued national state of disaster has meant that with every lockdown level new immigration directions are provided and keeping up with these has been interesting to say the least.  As we approach the fourth and final quarter of the year the immigration space is looking to be a hive of activity.  In this update we will touch on key questions that are on everyone’s lips such as, will the ZEP permits be renewed?  When will the new critical skills list be published? We will also touch on som ..read more

The purpose of this article is to give insight into how best to manage the risks associated with South African work visa applications for both foreign nationals and companies employing foreign nationals. The Immigration Act 13 of 2002 (“Act”) allows for and provides several work related visas. These include the general work visa, critical skills work visa and intra-company transfer visa (collectively, “SA Work Visa”), which are found in section 19 of the Act. The Act further allows for a spousal visa with a work endorsement under section 11(6) as well as opportunities to apply for permanent re ..read more

Can foreign national graduates of tertiary institutions in South Africa enter the South African job market? On 21 April 2016, the Minister of Home Affairs (“Minister”) granted a waiver allowing foreign national graduates of tertiary institutions in South Africa who graduate with degrees in the area of critical skills an automatic right to apply for permanent residency (“PR”) pursuant to section 27(b) of the Immigration Act 13 of 2022. In February of 2022, Home Affairs issued a Directive (Number 2 of 2022), withdrawing the blanket waiver dated 21 April 2016 (“2016 Waiver”).  Following the ..read more

The year 2022 has gotten off to a very busy start on the immigration front.  Starting off with the grace period for ZEP permit holders ,followed by the withdrawal of the SA graduate waiver for foreign students who graduate with a qualification falling within the critical skill and a new critical skills list.  Our Minister has been very busy, and it is only just a little over 30 days into the new year.  In this Immigration Update we will shed some light on the hot topics within the SA Immigration landscape and attempt to decipher what the year ahead will look like. Critical skill ..read more

In the past week several media outlets ran with headlines that suggested that the Minister of Home Affairs had authorised law enforcement officers to conduct spot checks to ascertain a persons nationality. The news came with major concerns and widespread condemnation and culminated in a statement issued by the Minister clarifying what he had stated.  Correctly citing section 41 of the Immigration Act 13 of 2002 (“Immigration Act”), he confirmed the provision that grants immigration officers and police officers powers to ascertain the nationality of an individual and where necessary take t ..read more

The end of the Zimbabwean Exemption Permit (ZEP) Program brought a wave of uncertainty and apprehension to the lives of over 177,000 Zimbabweans residing in South Africa. As the announcement of its termination was made, a sense of doom and gloom permeated the community, leaving ZEP holders anxious about their future in the country they had called home for years. However, amidst this initial despair, a glimmer of hope emerged. This blog aims to shed light on the evolving situation, highlighting positive developments and providing guidance on the available options for those affected. Many believ ..read more