Applicants will be targeted by Home Office due to suspicions they are most likely to overstay and claim asylum
Nigerians, Pakistanis and Sri Lankans applying to work or study in the UK face Home Office restrictions over suspicions that they are most likely to overstay and claim asylum, Whitehall officials have claimed.
The government is working with the National Crime Agency to build models to profile applicants from these countries who are likely to go on to claim asylum.
Whether such a scheme would be successful depends on the strength of the models and the intelligence they work with, according to a migration expert.
Nearly 10,000 asylum claimants who had arrived in the UK legally on work or study visas were living in taxpayer-funded accommodation, such as hotels, at some point last year.

Data disclosed by the Home Office in March showed that of those asylum seekers who had originally entered on a visa but then ended up in government accommodation, the most common nationalities were Pakistan, Nigeria and Sri Lanka.
The Guardian revealed on Saturday that the government planned to reduce the numbers of UK student visa holders who make asylum claims.
Officials will be instructed to use the bank statements submitted by visa holders as part of their assessment when deciding whether to grant them asylum accommodation.

According to the Times, the Home Office is attempting to build intelligence to enable caseworkers to spot patterns in the profiles of people who are most likely to abuse work and study visas as a loophole to claim asylum. They have earmarked Pakistani, Nigerian and Sri Lankan visa holders as the most likely to go on to apply for asylum.

Officials are working with the NCA to build a model that would reject a visa claim from a person who fits the profile of someone likely to go on to claim asylum.
Madeleine Sumption, the director of the Migration Observatory at the University of Oxford, said it was difficult to assess whether the government and the NCA would be able to create such a model.

“The key question, and one that is hard to assess from the outside, is do they have the information to accurately decide who is likely to claim asylum after they arrive. Because obviously it can be quite difficult.
“Whether it’s effective will depend on whether patterns are obvious enough for them to accurately be able to do it, or whether it will lead to some more arbitrary outcomes. Without being on the inside, it really is difficult to know.

“I could imagine scenarios where it could have quite a big impact. I can also imagine scenarios where it actually only affects a relatively small number of people,” she said.

Asked if the government’s plans could lead to legal challenges on the grounds of discrimination, Sumption said: “I’m not a lawyer, but the government has a fair amount of discretion on work and study to decide whether someone gets a visa or not when someone’s coming from outside of the country.
“There are cases when there are potentially some legal avenues, but broadly speaking the government is allowed to discriminate on many different grounds when granting work and study visas.”

JOHANNESBURG – The Home Affairs Department is now tasked with ensuring the reinstatement of South Africans who lost their citizenship due to the implementation of the Citizenship Act.

The Constitutional Court last Thursday confirmed an order of constitutional invalidity declared by the Supreme Court of Appeal, giving effect to the declaration.
The provision stipulates that major South Africans who voluntarily acquire the citizenship of another country, outside of marriage, cease to be South Africans in accordance with the act.

The apex court ordered that all South Africans who lost their citizenship as a result of this provision are deemed not to have lost it.
The order of the constitutional court has a retrospective effect, meaning that it is intended to have a backdated consequence, affecting events that preceded it.

In this matter, all citizens who previously lost their citizenship will be deemed not to have lost it.
The constitutional court found that there was no rational reason why a South African would automatically lose their citizenship by acquiring the citizenship of another country.

Although Section 6 subsection 2 allows persons who may lose their citizenship as a result of the operation of the act to apply to the Minister of Home Affairs to retain their South African status, the court finds that this does not save the provision from unconstitutionality.
Justice Steven Majiedt, “The existence of a ministerial power to exercise discretion in terms of Section 6(2) to alter what is otherwise an automatic loss of citizenship is no answer to the question of why citizenship must be lost in the first place.

“The court further notes that section 6(2) of the act provides no criteria at all on how the minister’s discretion is to be exercised and what it’s bounds are. The legislature argues that dual citizenship is permissible, subject only to ministerial discretion. This reasoning is unclear and utterly irrational.”
The apex court also finds that the provision gives the minister broad, unchecked power, which cannot be defended given the violation of fundamental rights.

Notarial cohabitation agreements and spousal / ‘life partner’ visas and permanent residence permits
A Notarial Cohabitation Agreement is essential for couples in South Africa who wish to formalize their relationship while living together without marriage, particularly when applying for a spousal / ‘life partner’ visa and permanent residence (‘PR’) permits.
This type of agreement serves as a legal document that outlines the rights and responsibilities of each partner, providing clarity and protection, especially in matters of financial arrangements, property rights, and maintenance obligations.

Importance of Notarial Cohabitation Agreements
• Legal Recognition: While cohabitation does not automatically confer the same rights as marriage in South Africa, a Notarial Cohabitation Agreement can provide some degree of legal recognition. This is crucial for couples seeking to apply for a spousal / ‘life partner’ visa and PR permit, as it demonstrates the stability and commitment of their relationship and shared financial responsibilities to immigration authorities.
• Financial and Property Rights: The agreement typically includes provisions for how financial matters will be managed, how property will be owned and divided, and what happens in the event of separation or death. This is particularly important for protecting vulnerable partners and ensuring fair treatment in case of disputes.
• Requirements for Visa and PR Applications: A Notarial Cohabitation Agreement may be required to serve as evidence that the couple is in a genuine and committed relationship which is a legal requirement for these applications.

Key Components of a Notarial Cohabitation Agreement
1. Financial Arrangements: Details on how expenses are or will be shared and managed during the cohabitation.
2. Property Rights: Specifications on ownership and division of property acquired during the relationship.
3. Maintenance Obligations: Provisions for financial support during the relationship or after separation.
4. Dispute Resolution: Procedures for resolving conflicts that may arise between partners
5. Children’s Rights: If applicable, arrangements regarding custody and support for any children involved.

Process of Drafting and Notarizing
To create a legally binding Notarial Cohabitation Agreement:
• Both parties must voluntarily agree to the terms.
• The agreement must be in writing and signed by both parties in front of a Notary Public.
• A protocol number must be allocated to ensure it is binding on third parties, such as government institutions involved in visa and immigration applications.

Conclusion
For couples in South Africa considering cohabitation without marriage, entering into a Notarial Cohabitation Agreement is not only prudent but often necessary for legal recognition and protection. This agreement not only supports spousal visa and PR applications but also clarifies shared financial responsibilities and property rights, ultimately safeguarding both partners’ interests throughout their relationship. For further guidance on your immigration application
How can we help you , please email us to info@samigration.com whatsapp message me on:
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As of the latest updates, South Africa offers e-Visas to nationals from several countries. The e-Visa system allows eligible visitors to apply online for tourism or business purposes.

Here are the countries currently eligible for an e-Visa:
1. Albania
2. Algeria
3. Belarus
4. Bulgaria
5. Cameroon
6. China (negotiations ongoing)
7. Comoros
8. Congo (Republic of)
9. Côte d'Ivoire (Ivory Coast)
10. Croatia
11. Cuba
12. Egypt
13. Ethiopia
14. Guinea
15. India (negotiations ongoing)
17. Indonesia
18. Iran
19. Kenya (already exempt from visa requirement)
20. Liberia
21. Lithuania
22. Mali
23. Mexico
24. Morocco
25. Niger
26. Nigeria (negotiations ongoing)
27. Pakistan
28. Philippines
29. Romania
30. Saudi Arabia (already exempt from visa requirement)
31. Senegal
32. Slovakia
These countries can apply online for an e-Visa, which simplifies the process by allowing applicants to remain in their home country while awaiting approval

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Sa Migration Visas
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Children born in South Africa to parents who are asylum seekers or refugees qualify for South African citizenship upon reaching 18 years of age, under the South African Citizenship Act. Below is the detailed procedure:

Eligibility Criteria

To qualify, the applicant must:
1. Birthplace and Residency:
o Be born in South Africa and have resided in the country from birth until the age of 18.

2. Legal Documentation:
o Be included in the parents' asylum seeker or refugee file and have maintained valid status throughout their residency..

3. Valid Birth Certificate :
o Have a birth certificate issued under the Births and Deaths Registration Act (BDRA) 51 of 1992.

Application Process
1. Compile Supporting Documents
o South African Birth Certificate:
o Issued at birth or during a late registration process.
o Proof of Residency in SA :
o Parental Documentation:
o Copies of the parents' valid asylum seeker or refugee permits.
o Language Proficiency:
o Certificates or letters confirming proficiency in an official South African language.
o Proof of Identity:

2. Attend an Interview:

o The applicant may be required to attend an interview at the DHA.

3. Receive Confirmation:

o If the application is approved, the applicant will receive a certificate of naturalization as proof of citizenship.

Key Considerations
1. Timeliness:
o Applications must be submitted after the child turns 18 and no later than a reasonable time afterward to ensure compliance with the law.

2. Accuracy:
o Ensure all forms are accurately filled out and documents are valid and up to date.

3. Statelessness Prevention:
o The procedure aims to prevent statelessness by providing a clear pathway to citizenship for children who meet the criteria.

Additional Assistance
If the process seems complex, applicants can seek help from:
• Legal aid organizations specializing in refugee and asylum seeker rights.
• Immigration consultants or lawyers such as ourselves familiar with South African citizenship laws.

How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com