Home Affairs ordered to allow Venezuelan woman into SA pending immigration status review

30 Mar 2022 – Argus

Cape Town - A Western Cape High Court judge has ordered the Department of Home Affairs to release a Venezuelan woman from a holding cell at the Cape Town International Airport and to allow her into the country pending her application for a judicial review of her immigration status.

The case before Judge Matthew Francis involved Claire Breukel, a South African citizen who is in a permanent life partnership with Elisa Serrano, a citizen of Venezuela.

Both women are based overseas and had intended to visit Cape Town to spend three months together with Breukel’s family over the festive season. They also planned to get married by entering into a civil union during their visit.

They travelled separately and Serrano, who arrived first, was to stay in South Africa until March 24. When she attempted to formally enter the country through immigration at the airport, Serrano was denied entry.

The reason provided was that she had a “manually extended passport”.

In their founding affidavit, Breukel and Serrano explained to the court that the Venezuelan government has for several years not issued new passports to replace expired passports.

Instead, in order to save costs, it renews passports by inserting an extension document into the expiring passport.

They said that before booking her flight to Cape Town, Serrano called the South African embassy in the US to ask whether the South African government would recognise her passport as valid, and the embassy said she was clear to enter South Africa and could do so as a tourist for 90 days.

Serrano was handed over to representatives of the airline who accompanied her to the inadmissible facility at the airport.

There she was kept in what she described in court papers as “a holding cell”, where she was the only woman in a facility housing men and she feared for her safety.

On December 25, Breukel arrived in South Africa and she and her attorney went to the airport to try to sort out the matter.

They lodged an urgent application in the high court to have Serrano released from custody, and be allowed into South Africa pending the Home Affairs minister’s decision on the issue.

The court granted the interim order, but the Home Affairs officials refused to budge, saying the order was unlawful and could not be implemented, forcing Breukel and the attorney to return to the judge with a contempt application which was heard at 11pm on Christmas Day.

Home Affairs also told the court that Serrano was not released immediately because the department was trying to appoint counsel to have the order set aside and to have the matter reconsidered.

Judge Francis ordered that pending the final determination of the Serrano’s application for judicial review, the department and the minister must permit her to enter and remain in South Africa, “subject to such reasonable terms and conditions, as may be prescribed” by the department.

www.samigration.com

South Africa Working Visas / South Africa Working Visas

South Africa Working Visas

South Africa seeks highly skilled individuals to live and work in SA.

SA Migration Services will provide professional assistance to arrange your work visa for you if you qualify.

Work Visas are regulated in terms of Section 19, Regulation 18 and items 18 (1), 19(2), 20, 21 and 22, of Schedule A.

There are three common types of Work Visas:

• General Work Visa
• Inter Company Transfer Visa
• Critical Skills Visa

Immigration mess not foreign to SA

By Sowetan – 31 March 2022

Often news breaks of the arrest of home affairs officials and foreign nationals running one scam or another meant to bypass immigration laws.

When a police team pounced on a gang of robbers at The Hill, southern Johannesburg, a worrying dimension was added to the story. Police released the nationality of the men arrested in the raid, and it emerged that most of the thugs were foreign nationals.

Mention arrests  these days and  the subtext is “what nationality are they?” It speaks to a crisis those empowered to do something about seem to ignore  – the mess that is immigration in this country.

Often news breaks of the arrest of home affairs officials and foreign nationals running one scam or another meant to bypass immigration laws.

In an interview on Radio 2000 on Tuesday, home affairs minister Dr Aaron Motsoaledi spoke of the arrests of home affairs officials along with Pakistani and Somali nationals in connection with a scheme in which locals were hoodwinked and passports were issued in the name of foreigners. In the end locals lost their citizenship when they were  removed from the national registry for a quick buck. 

Many will recall how Motsoaledi came under fire recently and was labelled xenophobic simply for doing his job. Marches were even held to call for his sacking.

Sadly, the minister appears to be the odd one out, left to handle a problem that is nothing short of a crisis.

www,samigration.com

Portuguese Golden Visa: Ultimate guide to Portuguese citizenship

The South African – 31 March 2022

Are you planning to emigrate to Portugal? The Portuguese Golden Visa might be the best option for you. Here’s what you need to know to apply.

The ultimate guide to a Portuguese Golden Visa

The Portuguese Golden Visa enables third-country nationals to obtain a temporary residence permit to live and work in Portugal. 

Portuguese, EU and EEE nationals are not eligible for the Portuguese ARI/Golden Visa scheme.

Why you should apply for the Portuguese Golden Visa residence permit?

You are able to renew it if you stay physically in Portugal for a period of at least 7 days a year during the validity of your Golden Visa.

Advantages of applying for the Portuguese Golden Visa

• Very low minimum stays requirements in Portugal — a minimum of 35 days for 5 years.
• Family reunification.
• Residence visa waiver for entering Portugal.
• Visa exemption for travelling within the Schengen Area for 90 days out of 180.
• Applying for permanent residence after 5 years.
• Applying for Portuguese citizenship after 5 years.

Which family members can be added?

• Main Investor.
• Spouse (same sex is also qualified).
• Minor children.
• Adult children, financially dependent and single.
• Parents and parents in Law.

Portuguese Golden Visa Investment options available ?

All third-country citizens who invest in Portugal through one of the below-mentioned investment options are eligible, provided they fulfil the quantitative and the time requirements set out by law.

• Capital transfer with a value equal to or above 1,5 million Euros.
• The purchase of real estate property with a value equal to or above 500 thousand Euros.
• The purchase of real estate property, with construction dating back more than 30 years or located in urban regeneration areas, for rehabilitation works, for a total value equal to or above 350 thousand Euros.
• Capital transfer of the amount of 500 thousand Euros, or higher, for the acquisition of units of investment funds or venture capital fund of funds dedicated to the capitalization of companies, capital injected under the Portuguese legislation, whose maturity, now of the investment, is, at least, of five years and, at least, 60% of the investments is realized in commercial companies with head office in national territory.

How Dumont dos Santos can help you

Dumont dos Santos, have been assisting people for almost 5 years with immigration matters ranging from routine applications to the most complex immigration issues. Their experienced team has an in-depth understanding of the effect of possible changing legislation on immigration and is in the best position to provide you with the best solution to immigrate to Portugal.

Dumont dos Santos lawyers can help you with the following Portuguese Golden Visa steps:

1. Obtain the Portuguese tax identification Number (NIF).
2. Open a Portuguese bank account.
3. Complete the eligible investment (complete investment in the Fund, purchase real property, etc.).
4. Collect and certify the documentation necessary for the application.
5. Apply for the Golden Visa through the government portal.
6. Book the personal interview after SEF notification.
7. Attend the interview in person to submit original documentation and have the biometric data collected.

The total timeline from starting the process until obtaining Portuguese citizenship will be around 8 years, depending on the procedure time of the public entities.

www.samigration.com

South African Business Visa

A business visa may be issued by the Department of Home Affairs to a foreigner intending to establish or invest in a business in South Africa in which he or she may be employed, and to members of such foreigners’ immediate family providing that certain requirements have been met.

The Act calls for investment of R5,0 million in a business and you need to make sure you employ 60% South African citizens or permanent residents to get both a temporary and permanent business visa, you can get these visas with less capital investment - sometimes for as low as R600,000 investment using our expert team at SA Migration.

Many businesses do not require a capital investment as large as R5 million and in certain cases, you are allowed to reduce this amount and commit to a smaller investment if your business falls within the certain industries. The following businesses to be in the national interest, and therefore qualifying for reduction or waiver of the capitalisation requirements as determined to be in the national interest in relation to a Business Visa: Many of these business owners do not have the required investment amounts. If this is the case and the business falls in line with one of the following industries, a capital waiver can be requested. This would mean a reduction in the required investment amount.