British Citizenship: British Nationality Law Changes

The South African |  29 Nov 2022

The new British Nationality & Borders Bill will be good news for people who can qualify for British Citizenship under the new rules. 

SA Migration is delighted to inform clients that we are one step closer to the British Nationality and Borders Bill being passed. These changes will bode good news for many persons who can qualify for British Citizenship under the new nationality rules, who did not qualify under the old rules. The new routes to British Citizenship will be called special cases.

Home Office caseworkers will determine all applications as per the Home Office Guidance. In certain instances, the Home Office will have a very broad discretion to register minor children as British Citizens. The Bill will also give power to the Home Office to register adults as British Citizens for the so-called “historical legislative unfairness”, an act or omission of a public authority, or other “exceptional circumstances”. 

All of these registration applications will be subject to the good character test. 

Removing Discriminatory Aspects

The so-called Romein case has identified many discriminatory aspects in respect of Nationality laws, being:

• Children born outside the citizens of the United Kingdom and Colonies Territories could only transmit nationality over one generation unless they registered at a UK consulate. 

• Mothers and unmarried fathers again were deprived as they could not register then. 

Fortunately, the UK Government will amend the legislation to remove the historic registration requirement. There are three major objectives of the Bill, which are:

• To address the historic inability of mothers and unmarried fathers to transmit British Overseas Territories Citizenship leading to a possible entitlement to full British Citizenship

• Registration as a British Citizen due to historical injustice

• Discretionary waiver of residence criteria for naturalization.

 We foresee that the following persons might benefit from the Nationality and Borders Bill being:

• persons born before 1983 with a UK born maternal grandmother; 

• persons with mothers were born as British Subjects and with a UK born paternal grandfather; 

• persons born between 1983 -1987 with a UK born maternal grandmother; 

• persons born between 1983 – 1987 with a UK born paternal grandmother; 

• If you are a male, born before 1983 and married to a female British Citizen; 

• if your husband has a UK born mother and he was born before 1983;

• if your wife has a UK born mother and she was born before 1983;

• if you have a UK born mother and you were born before 1983;

• If your wife was born in the United Kingdom before 1983

www.samigration.com

Four home affairs officials bust for fake passport ring 

29  November 2022 – Sowetan 

Four home affairs officials in Tzaneen, Limpopo, have been arrested in connection with a fake passport ring.

Provincial Hawks spokesperson Cpt Matimba Maluleke said SA citizens were allegedly recruited by the officials and paid R1,000 in exchange for their details to be used on passports that would be issued to foreign nationals.

Maluleke said the administration clerks are aged between 35 and 43.  

“It is further alleged that all the processes of applying for a passport would be followed but when it comes to the photoshoot, they would call the foreign nationals to the booth. As a result, the passports would contain the particulars of South African citizens but the photos would be of illegal foreign nationals,” Maluleke said.

Maluleke said the home affairs counter corruption and security unit discovered these illegal activities in May and referred the matter to the Hawks’ serious corruption investigation team.

“During the investigations, it was revealed that the citizens whose particulars were used would be paid R1,000,” he said.

He said all four officials were expected to appear in the Tzaneen magistrate’s court on Friday while authorities were on the lookout for more suspects.

www.samigration.com

Asylum seekers face challenges with DHA's online system - Lawyers for Human Rights 

News24 – 29 November 2022

Asylum seekers are not getting the required documentation timeously, leaving them vulnerable to deportation. 

Refugee and asylum seekers face challenges with the Department of Home Affairs' online system, Lawyers for Human Rights told the Portfolio Committee on Home Affairs.

• It means they don't get the required documentation timeously, leaving them vulnerable to deportation.

• Furthermore, there is a reluctance to process children, exposing them to "structural xenophobia".

Refugees and asylum seekers in South Africa have problems with the Department of Home Affairs' online system, leaving them vulnerable to deportation and their children to "structural xenophobia", Lawyers for Human Rights told Parliament.

Lindokuhle Mdabe of Lawyers for Human Rights told the Portfolio Committee on Home Affairs on Tuesday that they had noted several challenges since the department introduced its online system.

The system came online in April 2021, GroundUp reported previously.

Mdabe said newcomers into the country intending to apply for refugee status had to do so through the online system.

The first problem, according to Mdabe, was a lack of internet access, coupled with language barriers.

Even after they lodged their claims online, they might have to wait up to two months for an interview. This rendered them vulnerable to deportation, because they had no documentation or proof that they were legally in the country.

Often, there weren't enough translators available for interviews, and in some cases, asylum seekers had been told to arrange their own translators.

Mdabe said non-governmental organisations, like themselves, were inundated with requests to perform functions the department was supposed to do. In their case, they had to provide affidavits and ensure people complied with requirements.

Furthermore, Lawyers for Human Rights detected a reluctance from the department to process children. When parents were in the refugee or asylum seeker programme, and they wanted their children to join, the children would not be joined, despite their applications.

This leaves children – minors – without documents, which means they experienced what Mdabe called "structural xenophobia", meaning their socio-economic rights were limited because they did not have documentation.

Mdabe said they had written to schools and hospitals, informing them that these children had rights, but the practice of insisting on documents persisted. 

"We also understand this is not the fault of the refugees," he said.

He added that the department also failed to implement sections of the Immigration Act, court orders, and judgments.

ANC MP Asnath Molekwa said: "The children cannot suffer because of the parents' sins."

She said the committee should determine whether there was a programme with a timeframe to deal with those issues.

DA MP Adrian Roos said compliance with court orders and judgments seemed to be a big problem with the Department of Home Affairs. 

He said the committee needed to get a list of all the related court orders and judgments.

www.samigration.com

New way to get international driving permits in South Africa

Businesstech | 29 November 2022

South Africans looking to get their hands on an international driving permit can now apply at VFS Global Application Centres in Cape Town, Durban, Johannesburg and Pretoria.

VFS Global has been working with the Department of Home Affairs as an outsourced technology services company to assist in applications for visas and passports through its online platform and physical offices.

The group also facilitates the admin and payment, and delivery of the documentation when processed.

People based in Cape Town, Johannesburg and Pretoria can now visit the VFS Global centres to apply for an international driving permit.

As regulated by the United Nations, an international driving permit allows eligible applicants to drive vehicles in foreign countries. The permit can be helpful in terms of identifying a driver to offer assistance.

International driving permits are valid in more than 150 countries worldwide, said VFS Global. It contains your name, photo and driver information in several languages, which can be interpreted by the local officials and authorities of the countries you visit.

“An International Driving Permit can only be obtained from the country of your driving licence,” added VFS Global.

The extension into international services follows previous moves by VFS Global to work with the Department of Home Affairs.

Earlier in October, the department said that it plans to expand the visa facilitation services to countries where there are a high number of South African citizens.

The group is currently piloting a new system where South African nationals can visit a VFS Global centre in the UK to renew their South African passport.

“Since its launch, the turnaround times for passport issuance have reduced from six to twelve months to one month,” said the home affairs minister Aaron Motsaoledi.

Motsoaledi said that the department now plans to extend the system into countries such as:

• New Zealand;

• Australia;

• The United Arab Emirates(UAE);

• France; and

• The United States of America (USA).

www.samigration.com

Zimbabwe exemption permit case to be heard next year 

The Citizen | 29 November 2022

The ZEPs are expected to expire in June next year following an extension by the home affairs department. 

Suzman Foundation’s (HSF) challenge of Home Affairs Minister Aaron Motsoaledi’s decision to terminate the Zimbabwe exemption permit (ZEP) will reportedly be heard in April 2023, two months before they expire.

The director of the foundation Nicole Fritz told TimesLive on Monday that a three-bench panel of judges would hear the matter.

“We are disappointed that hearing dates could not be secured earlier in that we are anxious to have the matter heard by the courts and for a just resolution to be determined,” Fritz was quoted as saying.

In their court case, the Zimbabwe Exemption Permit Holders Association, Helen Suzman Foundation, Zimbabwean Immigration Federation and Zimbabwean Diaspora Association NPC are seeking to overturn government’s decision not to renew the permit.

Motsoaledi, Home Affairs director-general, President Cyril Ramaphosa and Cabinet – the respondents – are opposing the case.

ZEP Holders Association also wants Zimbabweans to be declared permanent South African residents.

ZEP extension

Cabinet announced last November that the ZEP would not be extended again, with Minister in the Presidency Mondli Gungubele announcing at the time that ZEP holders had until 31 December 2022 to apply for a visa to continue living in South Africa, return to Zimbabwe, or be deported.

In September this year, the department of home affairs then extended the Zimbabwean Exemption Permits by six months to 30 June 2023.

According to Motsoaledi at the time, the decision was made to give the ZEP holders an opportunity to apply for one or other visas provided for in the Immigration Act they may qualify for.

Only a few Zimbabwean nationals had applied for visas or waivers, hence the extension to allow for more applications, said Motsoaledi at the time.

“No holder of the exemption may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of the section 34 of the Immigration Act for any reason related to him of her not having any valid exemption certificate in his or her passport,” said Motsoaledi.

www.samigration.com