" It will be impossible to deport 15 million migrants, here's what can be done so that they leave"

" It will be impossible to deport 15 million migrants, here's what can be done so that they leave."

Opera News | 01 Dec 2022

It's impossible to deport 15 million people; here's what can be done to make them leave.

South Africa's immigration crisis has reached crisis proportions. The majority of South Africans support returning foreigners to their countries of origin. Many South Africans want illegal immigrants sent home, but some experts say it's impossible to send back all 15 million of them at once.

This was posted on a Twitter account: "Fifteen million illegal immigrants cannot be returned home. The logistics and cost would make it impossible.

You take away their justifications for being here. Commerce, employment opportunities, housing, educational facilities, medical facilities, etc.

Create an environment in South Africa where survival is next to impossible for them to understand the message ".

South Africa has always had an immigration problem, it is not a recent phenomenon. Most immigrants come to South Africa in search of a better life. Perhaps it would help if everything they use would be cut, but not all foreign nationals deserve to leave, as some provide business and jobs for South Africans.

In my opinion, it is a violation of human rights to deny health care to anyone, no matter where they are in the world, and this includes non-citizens.

Please share your thoughts on this matter. Feel free to chime in with your opinions below. Always remember to click that like button, share that article, and follow that account to get the latest and greatest information.

www.samigration.com

Getting married in the UK?

SA Migration – 1 December 2022

Find out how SA Migration can help you plan your immigration route, should you wish to settle in the UK eventually.

Getting married in the UK?

South Africans coming to the UK to get married cannot do so while on the UK Visitor Visa.

The UK Marriage Visitor Visa is available specifically for persons who want to come to the UK to get married, register a civil partnership in the UK, or give notice of a marriage or a civil partnership in the UK.

However, it is important to note that you will not be allowed to stay or settle in the UK after the marriage or civil partnership while still on this visa.

We strongly recommend that readers looking to get married in the UK speak to a SA Migration consultant, to help them plan their immigration route, should they wish to settle in the UK eventually.

Below we have answered some of the most FAQs on the UK Marriage Visitor Visa.

How soon can I apply before travelling, and how long will I be able to stay?

You can apply at the earliest three months before you plan to travel to the UK. Your visa will then be valid from when a decision has been made. You can stay in the UK for up to six months with the Marriage Visitor Visa.

Can I switch to another type of visa while in the UK?

You cannot apply for or switch to any other permit while on a Marriage Visitor visa. If you intend to move to the UK, you must return to your country of residence and apply for new entry clearance to the UK. We highly recommend that you speak to a SA Migration consultant in this regard.

Do I need to prove that I will get married while on the Marriage Visitor Visa?

Yes, firstly, you will have to prove that you are in a genuine relationship.

You will also have to supply additional documents to support your application, including details of the planned marriage or civil partnership and proof that you have paid for some of its costs. You will also have to provide documents to prove that the wedding will take place. This could, among other things, be in the form of booking confirmations or communication between yourself and the venue.

SA Migration have a team of consultants specialising in Family and Visitor Visas, such as the Marriage Visitor Visa. They will be able to provide you with full guidance during the application process and ensure a successful outcome!

www.samigration.com

Tshisekedi using Congo crisis to delay elections: Kagame

News 24 | 1 December 2022

• Rwanda president has accused his counterpart of exploiting a violent crisis to delay elections.

• Fighting between rebels and government forces in the Congo has heightened tensions with Rwanda.

• Talks between the two countries resulted in a ceasefire, that paused the fighting for several days.

Rwanda's President Paul Kagame on Wednesday accused his counterpart in the Democratic Republic of Congo (DRC) of exploiting a violent crisis in his country's east to delay elections.

Fighting in eastern Congo between government forces and M23 rebels has heightened tensions with neighbouring Rwanda, which the DRC accuses of abetting the militia - a charge Kigali denies.

Talks between the two countries in Angola last week did result in a ceasefire that paused the fighting, and several days later the truce appears to be holding.

In a state address, Kagame said "the whole world" was putting the blame for the crisis on Rwanda but it was DRC's President Felix Tshisekedi seeking to gain from the unrest with elections on the horizon.

"This problem can be resolved if one country headed for elections next year does not try to create grounds for an emergency so that elections do not take place," Kagame said at a swearing-in ceremony for new cabinet members.

"If he is trying to find another way of having the next elections postponed, then I would rather he used other excuses, and not us."

Tshisekedi came to power in January 2019 and DRC will hold its next presidential poll in December 2023.

The electoral commission this month said persistent insecurity in parts of the country would pose a challenge to a "free, democratic and transparent" vote.

DRC and Rwanda have accused each other of backing rebel groups and the resurgence of M23 has pushed diplomatic tensions to fresh highs.

Rebels fight on in eastern DR Congo despite truce

Under the ceasefire that came into force on 25 November, M23 fighters were to withdraw from "occupied zones" in eastern Congo, failing which an East African regional force would intervene.

The M23 is among scores of armed groups that have turned eastern DRC into one of Africa's most violent regions.

Another round of talks with armed groups continued in Kenya on Wednesday, without the M23 present.

Uhuru Kenyatta, the former Kenyan president who is facilitating the talks, said foreign rebel groups operating in Congo "should get out" or face DRC and East African troops.

"Already they have been given notice: DRC will not be a centre for fighting by other countries," Kenyatta said.

www.samigration.com

Court Case Summary – Spousal Relationship ends and Spousal Visa ends can Parent work on relatives visa via child , answer is YES and parent can stay here.

In the result, I make the following Order:

1. It is declared that the Immigration Act, 13 of 2002 (‘the Act‘) alternatively

sections 10(6), 11(1)(b) and 18(2) thereof, as read together with regulations 9(5)

and 9(9) of the Immigration Regulations (‘the Regulations’), 2014 as published

under GN R413 in GG 37679 of 22 May 2014 (as amended), is/are inconsistent

with the Constitution of the Republic of South Africa, 1996 and invalid to the

extent that it /they:

1.1 Require a foreigner who was (a) the holder of a spousal visa in

terms of s 11(6) of the Act which is no longer valid by virtue of the

termination of the spousal relationship on which it was based, who (b) has

parental responsibilities and rights in terms of the Children’s Act 38 of

2005 in respect of a SA citizen or permanent resident child of the

aforesaid spousal relationship, which responsibilities and rights they were

discharging at the time of the termination of the said spousal visa, to

cease working in and to leave South Africa; and

1.2 require such a foreigner to make application for a status, from

outside South Africa; and

1.3 do not allow such a foreigner, who may be eligible for a visitor’s visa

in terms of s 11 or a relative’s visa in terms of s 18 of the Act to conduct

work in South Africa, in order to discharge their aforesaid parental

responsibilities and rights in terms of the Children’s Act in respect of a SA

citizen or permanent resident child of the aforesaid spousal relationship.

2. The declaration of invalidity in paragraph 1 is suspended for a period of 24

months from the date of this Order to enable Parliament to remedy the

inconsistencies that have resulted in the declaration.

3. Should Parliament fail to remedy the inconsistencies that have resulted in

the aforesaid declaration within the period referred to in the preceding paragraph

the readings-in which are to be effected in terms of paragraph 4 of this Order

shall become final, save and unless an affected and/or interested party makes

application, before the expiry of the aforesaid period, for a further suspension of

the aforesaid declaration and/or for such further or alternative relief as may be

appropriate.

4. During the period of suspension, the following is to be read into the

regulations and provisions of the Act:

4.1 Regulation 9(9) of the Immigration Regulations is to be read to

include, as sub-regulation 9(9)(iv): ‘(iv) is the foreign parent of a SA citizen

or permanent resident child of a spousal relationship in respect of which a

spousal visa was issued in terms of s 11(6) which is no longer valid by

virtue of the termination of the aforesaid spousal relationship, and in

respect of which child the foreign parent has parental responsibilities and

rights in terms of the Children’s Act 38 of 2005, which they are

discharging’;

4.2 Regulation 11(4) of the Immigration Regulations is to be read to

include, as sub-regulation 11(4)(d): ‘(d)’ work which a foreigner who was

the holder of a spousal visa in terms of s 11(6) of the Act (which visa is no

longer valid by virtue of the termination of the spousal relationship on

which it was based), is able to demonstrate he/she is required to perform

in order to discharge parental responsibilities and rights in terms of the

Children’s Act 38 of 2005 in respect of a SA citizen or permanent resident

child of the aforesaid spousal relationship, and which responsibilities and

rights they were discharging at the time of the termination of the said

spousal visa,’

4.3 Section 18(2) of the Act is to be read as follows: ’Save in the case of

a foreigner who (i) was formerly the holder of a spousal visa in terms of s

11(6) which is no longer valid because the spousal relationship on which it

was based no longer exists, who (ii) is able to demonstrate that such work

is required by the foreigner in order to discharge parental responsibilities

and rights in terms of the Children’s Act 38 of 2005 in respect of a SA citizen

or permanent resident child of the aforesaid spousal relationship,

the holder of a relative’s visa may not conduct work.’

www.samigration.com

Application for asylum

SA Migration | 30 Nov 2022

In terms of No. 42932 GOVERNMENT GAZETTE, 27 DECEMBER 2019 - Refugees Act (130/1998): Refugees Regulations.

8. (1) An application for asylum in terms of section 21 of the Act must―

(a) be made in person by the applicant upon reporting to a Refugee Reception Office or on a date allocated to such a person upon reporting to the Refugee Reception Office or by an online appointment provided by the designated refugee Reception office ;

(b) be made in a form substantially corresponding with Form 2 (DHA-1590) contained in the

Annexure;

(i) a valid asylum transit visa issued at a port of entry in terms of section 23 of the

Immigration Act, or under permitted circumstances, a valid visa issued in terms of the

Immigration Act;

(ii) proof of any form of a valid identification document: Provided that if the applicant

does not have proof of a valid identification document, a declaration of identity must

be made in writing before an immigration officer; and

(iii) the biometrics of the applicant, including any dependant.

(2) Any person who submits a visa other than an asylum transit visa issued in terms of section 23 of the Immigration Act must provide proof of change of circumstances in the period between the date of issue of the visa and the date of application for asylum.

(3) Any person who upon application for asylum fails at a Refugee Reception Office to produce a valid visa issued in terms of the Immigration Act must prior to being permitted to apply for asylum, show good cause for his or her illegal entry or stay in the Republic as contemplated in Article 31(1) of the 1951 United Nations Convention Relating to the Status of Refugees.

(4) A judicial officer must require any foreigner appearing before the court, who indicates his or her intention to apply for asylum, to show good cause as contemplated in subregulation (3).

(5) An applicant must indicate his or her language of proficiency on Form 2 (DHA-1590), which language will be presumed to be the language which the applicant understands.

(6) All information contained on Form 2 (DHA-1590) or any documentation submitted together with, or in support of, the application for asylum, is binding on the applicant and may not be amended.

(7) A Refugee Status Determination Officer may require any person who made an assertion in his or her application for asylum, to furnish him or her with proof or corroboration of the correctness of the assertion.

(8) If at any stage a Refugee Status Determination Officer reasonably suspects that a child, who has been declared a dependant in any application for asylum, has been trafficked or smuggled into the Republic, he or she may require proof of relationship in the form of the results of a paternity test, and must refer such child to into the care of a representative of the Department of Social Development.

(9) Any person who fails to declare a dependant child as contemplated in section 21(2A) and

subsequently returns to the Refugee Reception Office to make a claim in terms of section 3(c) of the Act on behalf of such dependant child, he or she shall be required to provide proof of relationship in the form of the results of a paternity test, failing which, such child shall be dealt with as an unaccompanied child as contemplated in regulation 10.

(10) When required to do so by a Refugee Status Determination Officer, the principal asylum seeker or a dependant must provide proof of their relationship.

(11) Each dependent included on an asylum application shall be issued an asylum seeker visa and must comply with the terms of the visa.

(12) Any dependent of an asylum seeker contemplated in section 3(c) of the Act must appear in person for a hearing before a Refugee Status Determination Officer.

Application for asylum – Overview

8. (1) An application for asylum in terms of section 21 of the Act must―

(a) be made in person by the applicant upon reporting to a Refugee Reception Office or on a date allocated to such a person upon reporting to the Refugee Reception Office;

(b) be made in a form substantially corresponding with Form 2 (DHA-1590) contained in the Annexure;

(i) a valid asylum transit visa issued at a port of entry in terms of section 23 of the Immigration Act, or under permitted circumstances, a valid visa issued in terms of the Immigration Act;

(ii) proof of any form of a valid identification document: Provided that if the applicant does not have proof of a valid identification document, a declaration of identity must be made in writing before an immigration officer; and

(iii) the biometrics of the applicant, including any dependant.

(4) A judicial officer must require any foreigner appearing before the court, who indicates his or her intention to apply for asylum, to show good cause as contemplated in subregulation (3).

(5) An applicant must indicate his or her language of proficiency on Form 2 (DHA-1590), which language will be presumed to be the language which the applicant understands.

(6) All information contained on Form 2 (DHA-1590) or any documentation submitted together with, or in support of, the application for asylum, is binding on the applicant and may not be amended.

(9) Any person who fails to declare a dependant child as contemplated in section 21(2A) and subsequently returns to the Refugee Reception Office to make a claim in terms of section 3(c) of the Act on behalf of such dependant child, he or she shall be required to provide proof of relationship in the form of the results of a paternity test, failing which, such child shall be dealt with as an unaccompanied child as contemplated in regulation 10.

(10) When required to do so by a Refugee Status Determination Officer, the principal asylum seeker or a dependant must provide proof of their relationship.

(11) Each dependant included on an asylum application shall be issued an asylum seeker visa and must comply with the terms of the visa.

(12) Any dependent of an asylum seeker contemplated in section 3(c) of the Act must appear in person for a hearing before a Refugee Status Determination Officer.

" It will be impossible to deport 15 million migrants, here's what can be done so that they leave."

Tshisekedi using Congo crisis to delay elections: Kagame

Application for asylum

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