Immigration South Africa - Julian Pokroy Immigration Law Attorneys

This article was first published in HR Future in April 2002

PROGRESS OF THE DRAFT IMMIGRATION BILL

The continuing saga of the passage of the Draft Immigration Bill since the Parliamentary Task Group which drew the Green Paper on international migration in 1997 and on which I had the privilege of being one of the drafters, continues. It was envisaged at the time that the White Paper process and passage through Parliament would take about two years to implementation as the new Immigration Act.

The reality however has been different and the White Paper process has become entangled in the Parliamentary Portfolio Committee on Home Affairs and has not yet seen the light of day on the Parliamentary agenda. It also appears unlikely that it will be included on the Parliamentary agenda during the 2002 Parliamentary session.

The Parliamentary Portfolio Committee on Home Affairs is currently (as per their minutes of the 12th February 2002) embarking upon a consultative process with stakeholders throughout the spectrum, with possible opportunities for further input to the Committee. This process will be cumbersome, costly and does not appear to have a time-table. Against this background, and not knowing whether there will be further amendments to the draft documentation is what draws me to the conclusion that the Draft Bill will not see the light of day as an Act of Parliament as a current session of the new Parliament.

The impact of these delays on the South African economy is enormous and it is my sincere wish that the legislation be finalised and implemented as soon as practically possible.

New requirements for applications for temporary residence and extensions thereof

It is important for HR Managers and employers to note that with effect from the 1st February 2002 the Department of Home Affairs is requiring Police clearance certificates from the applicants country of last residence and, if the applicant has been in South Africa for any period of time, then a clearance certificate in respect of South Africa as well. This requirements was embodied in earlier policy of the Department but not strictly enforced until now.

In addition, if the applicant is married to or in a “life partner” relationship with a South African citizen or permanent resident, then such applicant and their South African citizen counterpart will have to present themselves together with lodgement of the application for temporary residence or extension thereof, for an interview before an Immigration Official.

This last mentioned requirement has also been embodied in earlier policy documents but not strictly adhered to except in the case of immigration permit/permanent residence applications.

The requirement that an affidavit setting out the background to and history of the relationship would also have to be filed with the applications of vital importance.

Administrative fees in respect of visas, temporary residence/work permits and immigration permits set to rise

As the 1st April is about to dawn on us once again then it is necessary to remind persons dealing with applications for any form of residence that the annual increase in administrative fees payable to the Department of Home Affairs is set to rise again.

In the past such increases have either been inflation linked or 10%.

As soon as the increases have been gazetted then this column will carry details of all the changes.

Should you require any further information regarding any aspects of the above then feel free to contact the author at immigration-sa@iafrica.com or visit our website at www.immigration-sa.co.za in order to view previous articles which appeared in HR Future.