March 2011

The Department of Home Affairs has proposed certain changes to the Immigration Act of 2002 which would, in summary, cover the following issues:

Application in person

The Department will require foreign nationals to apply in person for visas and not through the proxy of Immigration practitioners. Visas and other documents will no longer be issued to applicants the Department has not physically seen. 
Applicants who want to use the advisory services of Immigration practitioners are welcome to do so. Practitioners may continue to consult and provide advice to foreign nationals on immigration matters.

Change in status of Visa

Those who have been issued with visitor and medical treatment visas will not be able to change the status of these visas while in South Africa. 
If when in South Africa foreign nationals seek a more long term stay in the country, they will have to return to their country of origin and reapply for the relevant visas.

Asylum Permits issuance

The proposed legislation also outlines the way in which holders of section 23 visas – those issued to foreign nationals who wish to apply for asylum in South Africa when they enter a port of entry – may apply for asylum. 
Such asylum seekers are currently required to present themselves at their closest Refugee Reception Office within 14 days of entering the country. They will now have five days to do so. 
Immigration officials will also have to follow prescribed procedures to ensure that fugitives from justice and other questionable persons are not issued with such a visa.

Business visas

The Department is to prescribe the investment categories for which business visas may be issued. The Minister will be required, from time to time to publish a list of which sectors have been identified for investment.

Critical skills

A new permit called the Critical Skills permit is to replace the existing Exceptional Skills and Quota Work permits. The Department will be required to publish a list of skills which the economy requires.