Important New South African Immigration Regulations

In order to explain the current and on-going situation regarding our new immigration laws I have taken the liberty to quote key statements from various print, electronic and social media sources as were published in recent weeks:

Whilst countless players in the tourism sector nationally and internationally (including also associations such as World Travel Agents Association, European Travel Agents and Tour Operators Association, The Board of Airline Representative, South Africa) are urgently lobbying government for a 12-month delay in new immigration regulations to prevent potentially devastating consequences for the country’s tourism sector, Minister of Tourism, Derek Hanekom, said that, given that the discussion on the new regulations was ongoing, the ministry did not want to pre-empt the outcome of these discussions. “It is important to say that the industry and many players in the industry are engaging directly with the Minister.

He is encouraged by the statement from Minister Gigaba (Home Affairs) that the door is not closed and that Home Affairs will be receptive to inputs; however, he warns that the uncertainty surrounding the new regulations is already having an effect and many SATSA members have reported cancellations, says SATSA CEO, David Frost.

For now, the Department of Home Affairs has granted an extension until October 1 2014 to roll out the new requirements.

Our Minister for Tourism, Derek Hanekom will have a meeting with Minister Gigaba within the next few days. SATSA together with TBCSA have compiled a comprehensive report which includes a coherent document pulled by Grant Thornton that looks at potential losses both in terms of birth certificates and biometric visas.

But, despite all of this on-going lobbying we as an industry have no real indication if we will be successful in receiving at least a further 12 month stay of execution to allow for a formal engagement and consultation with the tourism sector on these most unrealistic of immigration regulations.

Hence, with 1st October 2014 drawing closer we feel it necessary to inform you that in the absence of a miracle of some sort, we have to believe that the new regulations will actually come into effect.

We have certainly not given up hope and even less so in our efforts to counter these new regulations but at the same token we do not want to leave it up to the “last minute” to officially inform you of these new regulations and to give you the opportunity and necessary time to inform your clients who have booked or are planning to book family holidays with children under the age of 18 to South Africa as they will, in the worst case scenario, be burdened with a tremendous amount of bureaucratic administrative paperwork to allow them (as bizarre as this sounds) to the enter and depart the Republic of South Africa with their children.

The South African Immigration Act, 2010, has been approved and the date for commencement was communicated as 1st October 2014.

The following regulations must be adhered to effective immediately:

Regulation 2 (1)(d): Passengers travelling to South Africa must be in possession of a passport with two unused pages required for endorsements. The two unused pages when presented for purposes of endorsing a port of entry visa, visa, permanent residence permit or entry of departure stamp.

Regulation 2 (2): The passport must be machine readable however, the foreigner may be admitted into or depart from South Africa with a non-machine readable passport provided that:

(a) He or she is from a foreign country that is issuing machine readable passports and has not completely phased out the non-machine readable passports; and

(b) His or her passport was issued after 24 November 2005 and its date of expiry is before 24 November 2015.

Regulation 6 (12)(a): Where parents are travelling with a child, such parents must produce an unabridged birth certificate of the child reflecting the particulars of the parents of the child.

Regulation 6 (12)(b): in the case of one parent travelling with a child, he or she must produce an unabridged birth certificate and:

(i) Consent in the form of an affidavit from the other parent registered as a parent on the birth certificate of the child authorizing him or her to enter into or depart from the Republic of South Africa with the child he or she is travelling with;　

(ii) A court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child; or

(iii) Where applicable, a death certificate of the other parent registered as a parent of the child on the birth certificate,

provided that the Director-General may, where the parents of the child are both deceased and the child is travelling with a relative or another person related to him or her his or her parents, approve such a person to enter or depart the Republic with such a child.

Regulation 6 (12)(c): where a person is travelling with a child who is not his or her biological child, he or she must produce:

(i) A copy of the unabridged birth certificate of the child;

(ii) An affidavit from the parents or legal guardian of the child confirming that he or she has permission to travel with the child;

(iii) Copies of the identity documents or passports of the parents or legal guardian of the child; and

(iv) The contact details of the parents or legal guardian of the child,

provided that the Director-General may, where the parents of the child are both deceased and the child is travelling with a relative or another person related to him or her his or her parents, approve such a person to enter or depart the Republic with such a child.

Regulation 6 (12)(d): Any unaccompanied minor shall produce to the immigration officer:

(i) Proof of consent from one or both his or her parents or legal guardian, as the case may be, in the form of a letter or affidavit for the child to travel into or depart from the Republic: Provided that in the case where one parent provides proof of consent, that parent must also provide a copy of a court order issued to him or her in terms of which he or she has been granted full parental responsibilities and rights in respect of the child;

(ii) A letter from the person which is to receive the child in the Republic, containing his or her residential address and contact details where the child will be residing;

(iii) A copy of the identity document or valid passport and visa or permanent residence permit of the person who is to receive the child in the Republic; and

(iv)The contact details of the parents or legal guardian of the child

All documentation to be provided in English and notarised.

It goes without saying that we will keep you informed of the on-going process and developments here without delay and remain hopeful for all our sakes that a further stay of execution will be granted. But in the current presence of hope only and total absence of anything tangible pointing to a speedy resolution we ask you kindly to please act on and communicate the above information in terms of your commitments to your clients in the way you see most fit and appropriate.

Thank you very much and kind regards, Anedore