We’re thrilled to announce an exciting development in South African immigration policy that has been gaining traction: the ability for foreign parents with a South African child to apply for Permanent Residence (PR). Just recently, one of our clients successfully completed their permanent residence application under this new provision, and it serves as a testament to the progressive changes being implemented by the South African Department of Home Affairs.

While this is not entirely new information—other immigration firms have experienced similar successes—it is undoubtedly a significant moment. This development is a clear reflection of South Africa’s growing commitment to upholding family unity, as well as aligning with recent constitutional court decisions that focus on ensuring that families, particularly those with foreign parents, are treated with fairness and respect within the immigration system.

Background: The Legal Framework and Family Unity

In the past, foreign nationals wishing to apply for permanent residence in South Africa based on family relationships, specifically through marriage, were required to have been married to a South African citizen for at least five years. This waiting period could be challenging, particularly for couples who had not yet reached the five-year mark, or for those who may have experienced changes in their marital status (such as divorce). This left many foreign parents of South African children in limbo, unable to secure permanent residence even though they had strong familial ties to the country.

However, recent developments have opened a clear and direct pathway for foreign parents to apply for permanent residence based on their South African citizen child. This policy shift aligns with evolving legal interpretations and is part of the broader push for more inclusive, family-friendly immigration policies in South Africa.

Under this new approach, a foreign parent can immediately apply for permanent residence if they have a South African child—even if they are not married to a South African citizen. This is a game-changer for many foreign nationals living in South Africa with their children, as it bypasses the traditional waiting periods that applied to spouses and offers a much quicker and more straightforward path to permanent residency.

Why This Matters: A New Pathway to Permanent Residence

This change in immigration policy is significant for several reasons:

1. Faster Path to Permanent Residence for Foreign Parents

Unlike the old system, where foreign spouses of South African citizens had to wait five years before applying for permanent residence, the new route allows foreign parents of South African children to apply immediately. This drastically reduces the time it takes to gain permanent status in the country, allowing families to settle without the ongoing uncertainty that temporary residency can bring.

2. Bypassing Complicated Spousal Routes

The spousal route for permanent residency was previously fraught with complexities. Couples needed to prove that their marriage was genuine and ongoing for five years, and the application process could become even more complicated in cases of marital dissolution, such as divorce. For foreign parents of South African children, this new provision offers a clearer and more secure pathway to permanent residency without the potential legal entanglements that can arise from a marital relationship.

3. Stronger Recognition of Family Unity

The South African government has increasingly emphasized the importance of family unity, particularly in light of constitutional court decisions that have reinforced the rights of foreign parents. These rulings have underscored the need to protect the right to family life, particularly for parents who have established deep-rooted connections in South Africa through their children. This policy change is not just a procedural shift but also a legal recognition of the importance of keeping families together, regardless of their parent’s nationality.

4. Addressing Uncertainty for Foreign Parents

Foreign parents who were previously on temporary residence visas or those who faced challenges in securing permanent residency based on marriage now have greater clarity and security. The uncertainty of temporary residency status—which often requires regular renewals and may lead to a sense of instability—can now be avoided by foreign parents of South African citizens, as they can apply for permanent residence and enjoy long-term stability.

Legal Developments and Constitutional Court Rulings

The shift towards allowing foreign parents of South African children to apply for permanent residency is also in alignment with several recent constitutional court rulings. These rulings have played a crucial role in shaping the current approach to immigration laws, particularly with regard to family unity and the rights of parents.

A significant ruling in this area emphasized that foreign parents—even those on temporary residency—have the right to live and work in South Africa without constant fear of deportation, provided they have children who are South African citizens. The constitutional court has made it clear that the South African state has an obligation to protect the family unit, and this includes the right of parents to remain in the country with their children, even if they are not South African citizens themselves.

In this context, the new provision that allows foreign parents of South African children to apply for permanent residence is both a natural evolution of this legal trend and a much-needed step in the direction of family-friendly immigration policy.

Protecting the Rights of Foreign Parents: The Importance of Family Stability

This change is particularly important because it directly addresses the concerns of foreign parents who often live in a state of legal uncertainty. Without the right to permanent residency, parents can find themselves in precarious situations, where their ability to remain in South Africa is tied to the expiration of temporary visas or uncertain immigration statuses.

By opening the pathway to permanent residency for parents of South African children, South Africa is offering these parents the ability to establish long-term stability for themselves and their children, fostering a sense of security and integration into the South African social and economic fabric. This stability is critical not only for the parents but also for the children, who benefit from knowing that both of their parents can remain in the country legally.

The Process: How Foreign Parents Can Apply for Permanent Residence

While the opportunity to apply for permanent residence is exciting, it’s important to understand the process involved. To apply for permanent residence based on having a South African child, the following steps are typically involved:

1. Eligibility Check

Ensure that the child is a South African citizen. This is the core requirement for the foreign parent to be eligible for permanent residence. The child must have been born in South Africa or be a naturalized South African citizen.

2. Documentation

Gather the necessary documentation, which may include:

o The South African child’s birth certificate

o Proof of the parent’s relationship to the child

o Evidence of the parent’s legal status in South Africa (such as a temporary residence visa)

o Proof of support and care for the child (e.g., school records, financial documents)

3. Application Submission

Submit the permanent residence application to the Department of Home Affairs. This can be done online or in person, depending on the specific requirements at the time. The application will be reviewed by immigration officers who will assess the eligibility based on the provided documentation.

4. Processing Time

The processing time for permanent residence applications can vary, but it generally takes several months to complete. However, given that this is a direct route for foreign parents of South African children, the process is typically more streamlined than other types of permanent residence applications.

Conclusion: A Major Step Forward for South African Immigration Policy

The recent shift in South African immigration policy, allowing foreign parents of South African children to apply for permanent residence, is a progressive and welcome change. It represents a significant step forward in the country’s immigration framework, aligning with recent constitutional court rulings and reflecting a broader commitment to family unity.

This change makes the process faster, more accessible, and more secure for foreign nationals with South African children. It also provides a much-needed sense of stability for parents who have been living with temporary residency status, helping them feel more settled and integrated into South African society.

For foreign parents in this situation, it is important to act quickly and gather all necessary documentation to take advantage of this new pathway to permanent residence. South Africa has made a clear and positive statement with this move, affirming that the bond between a parent and their South African child should be respected and protected, both legally and in practice.

The cancellation of the SDS comes as Canada seeks to better manage its international student population, amid increasing pressures on housing and resources.Canada suspends fast-track study visa program for international students, effective immediately. (Image: Getty) Canada has unexpectedly ended its widely used Student Direct Stream (SDS) program, effective Friday, November 8, 2024. This program, which expedited the study permit process, had helped thousands of international students secure visas quickly.Introduced in 2018 by Immigration, Refugees and Citizenship Canada (IRCC), the SDS aimed to simplify visa applications for students from 14 countries, including India, China, and the Philippines, who met specific requirements. These included a Canadian Guaranteed Investment Certificate (GIC) of $20,635 CAD and English or French language proficiency. Successful applicants could obtain study permits in just a few weeks, compared to the standard application process, which could take up to eight weeks for Indian applicants.The cancellation of the SDS comes as Canada seeks to better manage its international student population, amid increasing pressures on housing and resources. In line with this, the government has introduced a cap of 437,000 new study permits for 2025 across all education levels, including postgraduate programs. Other new measures include higher language and academic standards for those seeking a Post-Graduation Work Permit (PGWP), more restrictive work permits for spouses of international students, and increased financial proof requirements. These changes reflect Canada attempt to balance the benefits of hosting over 807,000 study permit holders in 2023 with the need to alleviate strain on housing and public services.As a result, international students will face longer processing times and stricter eligibility criteria. Experts advise students to begin their visa applications much earlier to adapt to the changing landscape.

Deputy Minister Njabulo Nzuza said digital platforms made the application processes for documents more efficient.

JOHANNESBURG - The Department of Home Affairs said the use of technology had significantly improved operations at its centres.  

Deputy Minister Njabulo Nzuza said digital platforms had made the application processes for documents more efficient.  

He was speaking during his visit to Tembisa Hospital on Wednesday, where government welcomed Christmas babies.  

Nzuza said that thanks to technology, mothers were able to get their children's birth certificates on the same day they apply.  

He said the system also decreased the likelihood of errors.  

"We no longer have those things. The ones that will have will be legacy issues and we consistently deal with those wherever mistakes have been made. But in terms of what we do now, and the work is very much up to scale.

"If you notice even the complaints when it comes to the queues, over the years those complaints have been going down because of the systems that we've introduced. Part of them is the booking system where people can actually book for appointments."

What do we mean by border hopping? What do we mean by border hopping? What does the legislation say? Conclusion There is a new pattern emerging at the borders of South Africa, and its important that people who frequently come to South Africa in our summer months take note of the following changes. The Department of Home Affairs is now following legislation more closely than before. Previously, someone holidaying in South Africa on a 90-day visa wanted to stay longer than the allocated time, they could exit the country, drive to Namibia for a few days, and return, hoping to have another 90-day visa granted. In the past, this worked quite well, and the visa was often regranted, especially for European passport holders. What does the legislation say? The legislation never specifically allowed this, but the DHA seemed to often grant the extra 90 days. However, we have received a large amount of client feedback saying that this does not work anymore, and that the border posts of Home Affairs are more closely following the legislation. This is completely within their right, in accordance with Regulation 11.5, which states if you come to South Africa on the 90-day visa, exit and re-enter, you should only be granted another 7 days. To get another 90 days, you must return to your home country.

Mayor of Quelimane, the fifth-largest city in Mozambique, Manuel Lopes de Arajo has urged the South African government to heighten its intervention in the neighbouring country, warning that failure to ease tensions may result in negative consequences to South Africa.Earlier this week, IOL reported that political turmoil in Mozambique, ignited by the elections held on October 9, escalated after ruling Frelimo party candidate Daniel Chapo was declared the winner of the highly contested polls.The Constitutional Council, Mozambiques highest body in matters of constitutional and electoral law has however revised Chapos victory margin by five per cent, from 70 to 65 percent, with majority of that five percent going to Chapos archrival Venncio Mondlane, whose total rose from 20 to 24 percent.Demonstrations have erupted in different cities including the capital Maputo since the end of October, with protesters contesting the election results that further entrenched Frelimo`s 49-year hold on power in Mozambique. As the protests intensified, border operations at Lebombo have been temporarily suspended at several intervals, hindering trade flow between South Africa and Mozambique as heavy trucks carrying minerals to ports in Mozambique are stuck on South African side.In an interview with broadcaster Newzroom Afrika on Christmas Day, Araujo who is a member of Mozambiques main opposition party, Renamo, said the South African Development Community (SADC) region will feel the heat if the situation in Mozambique further degenerates.I am very happy that finally, President Cyril Ramaphosa understood the extent of the crisis in Mozambique. I have spent the last month in South Africa, I was in Johannesburg, Pretoria, I went to Durban during the meeting of the MK (uMkhonto weSizwe party) when they were celebrating their first anniversary, I went to Cape Town to try and reach out to members of the DA (Democratic Alliance) and other members of the business community, civil society in order to make them aware of the impact of what was going on in Mozambique, said the mayor.I remember the first statement of Minister (Ronald) Lamola saying we are not big brothers, we cannot get involved ¦ but finally I am very happy with Minister Lamola and President Ramaphosa. I think they have woken up to the reality. If we do not have peace in Mozambique, what is going to happen to South Africas economy will be very dire. The Maputo port is the most important port to South Africa, it is the closet port to Johannesburg. Minerals from Joburg area are exported through Maputo port.If the Maputo port is closed, if the border is closed ¦ the same applies to Zimbabwe, if Beira port is closed and the Nacala port is closed, the economy of SADC will collapse literally. Mozambique is a very important and strategic partner, I wish the SADC had taken a proactive (stance) but I am very happy with President Ramaphosas stand and with Minister Lamola. The only country that have the power and capacity to influence the government in Mozambique, to me, is South Africa. To me, South Africa is our big brother and a big brother South Africa has got a responsibility, he said.Arajulo warned that a humanitarian crisis would be inevitable in Mozambique, and that would lead to millions of desperate people fleeing into South Africa and border management authorities would not be able to stop the crowds.That is what I have been telling the South African government, the civil society and the economic sectors. Problem in Mozambique is a problem next day to South Africa. You saw what happened when the Ressano Garcia border (Lebombo in South Africa) was closed. There were thousands of trucks standing still in the road, so the economy of South Africa was affected but that is nothing if the situation escalates. People will be flocking. Look, we dont have a border literally, people can just cross that line there. I know South Africa tried to put a wall and so on, but that will be destroyed in minutes when people really want to move. Remember what happened when there was a crisis in Zimbabwe. People flocked to South Africa and up to now, Zimbabweans are in South Africa, said Arajulo.As I said I was in Joburg, Durban and Cape Town, if you look, most of the waiters in those cities are Zimbabweans. You know that reality. Once people move in, they will not go back easily.On Tuesday, South Africa called on all parties to commit to urgent dialogue in Mozambique.Following the proclamation final electoral results by the Constitutional Council of Mozambique, South Africa has noted with concern the ongoing violence and the subsequent disruptive protest in reaction to the announcement, the Department of International Relations and Cooperation said in a statement.South Africa calls on all parties to commit to an urgent dialogue that will heal the country and set it on a new political and developmental trajectory. Furthermore, South Africa is ready to assist Mozambique in any manner to facilitate this dialogue.  The South African government will continue working with SADC and other multilateral agencies in supporting a lasting solution to the current impasse. South Africa calls on all parties to exercise restraint and calm. On Christmas Day, numerous haulage trucks remained stuck on the South African side, seeking to enter Mozambique.Some truck drivers complained that they have been at the Lebombo port of entry for more than a week.