IMPLEMENTATION OF THE IMMIGRATION AMENDMENT ACT AND THE NEW IMMIGRATION REGULATIONS
 

May 2005

The Draft Immigration Regulations have passed through the next phase in the process when the Immigration Advisory Board considered the Draft, as is required in terms of Section 7 of the Immigration Act number 13 of 2002. The IAB comment obviously must now be processed by the Minister in the light of the consolidated public and stakeholder input.

The next phase in the process would be for the State Law Advisors to incorporate the legalities, technical and semantic amendments in order to present final Regulations to the Minister for onward submission to Cabinet for approval.

Only then can the Regulations be gazetted and promulgated into operation.

The Minister of Home Affairs in her Budget Vote Speech at Parliament on the 18th May 2005 announced that the Immigration Amendment Act and the soon to be finalised Immigration Regulations would come into effect on the 1st July 2005.

The Draft Regulations have been available in downloadable format on our website for some time. The final Regulations will not necessarily look the same in all respect as the Draft Regulations which, as they have not yet been finalised, we would be unable to predict. It would be very important to avail yourself of the free assessment of viability of an application before embarking on an application of any nature. (Click here to access the assessment questionnaire.)

However it does appear that there may be a relaxation in the potentially restrictive conditions of the business permits that have been proposed in the Draft Regulations.

Clarity will also hopefully be given to the situation regarding the retired persons category where the interpretations of the Regulations will perhaps be more favourable that the literal interpretation which requires a per capita qualifying pension amount.

We will be carrying a newsletter giving full details of the amended Regulations as soon as they are published.
Regular visits to our website will also keep you informed of the latest developments.

Should you require any further information please do not hesitate to contact office or visit our website for further information at www.immigration-sa.com

JULIAN POKROY
IMMIGRATION SPECIALIST ATTORNEY

IMMIGRATION SA

Tel : (012) 460-3410 / 072 372 6007
Fax : (012) 346-1434
Cell : 082 558 5002
Web : www.immigration-sa.com

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