Amendments to Immigration Regulations in Place

Department of Home Affairs

Amendments to immigration regulations are now in effect.

The home affairs department published the amendments in Government Gazette 42071 in terms of the Immigration Act.

A definition on birth certificate is inserted into the regulations.

It “means any birth record of a child issued by the relevant authority indicating the full names, surname and the date of birth, including the names and surname(s) of the parent(s) of such a child; and”.

Amendments include a new regulation on permanent homosexual or heterosexual relationship.

A new sub-regulation 12(A) and (B) is inserted into regulation 6.

12A stipulates that where a child presents a passport which contains detail on his or her parent or parents, an immigration officer shall not require such child to produce a birth certificate.

Amendments are also introduced to Regulation 11 dealing with work conducted for a foreign employer pursuant to a contract which partially requires conducting of certain listed activities in South Africa.

A new regulation 14 on business visa is added to the regulations. It outlines what needs to accompany an application for a business visa by a foreigner who intends to set up or invest in a business in South Africa.

Changes are also introduced to Regulation 18 on an application for a general work visa, Regulation 20 on an application for a corporate visa, Regulation 23 on permanent residence and Regulation 24 on residence on other grounds.

The First Amendment of the Immigration Regulations came into effect on 1 December 2018.

Sabinet Cape Town Office