R200 000 for refugee who is legally in SA but detained for 21 days

Pretoria News - 27 Mar 2022

Pretoria - The South African authorities failed to recognise the rights of a refugee who is legally in the country, the Pretoria Magistrate’s Court has found.

He had to spend 21 days in appalling conditions behind bars - simply because both the police and Home Affairs refused to look at his valid refugee permit.

Roy Kamushinda then instituted a R200 000 in damages claim against the police in the Pretoria Magistrate’s Court.

A magistrate this week ordered that Kamushinda was entitled to the damages and ruled that the State entities had to pay him accordingly for his unlawful arrest and detention.

Kamushinda was stopped on May 6, 2015 by police in Johannesburg during a stop-and-search crime prevention operation.

He was asked to produce valid documentation that he was legally in the country.

Kamushinda informed the police officer that he was a recognised refugee, but that he was not in possession of his permit, which he had accidentally left at his home that morning.

He explained that he could fetch it as his home was about 15 minutes from where he was stopped. However, he was arrested and subsequently detained at the Johannesburg Central police station.

Upon arrival at the police station, he explained to different people that he was a recognised refugee and had a valid permit at his home. No one from the SAPS listened to him or attempted to assist him.

Six days after his arrest, Kamushinda was interviewed by Home Affairs officials for verification of his immigration status in South Africa. During this interview, he repeatedly explained that he was documented and had a valid refugee permit at home.

The officials, however, refused to discuss his documentation status with him.

About a week later, Kamushinda was able to phone his landlord for the first time and request that he bring his refugee permit to the police station, which he did.

Kamushinda subsequently presented his valid refugee permit to police officers, but they informed him that it was too late and they could not help him.

Later that day, he was transferred to the Lindela Repatriation Centre to be detained pending his deportation. Upon arrival at Lindela, Kamushinda presented his valid refugee permit to different officials, but no one assisted him.

A few days later, he again presented his refugee permit to a Home Affairs official who made a copy of his permit. It was only on May 27, 2015 after spending 21 nights in appalling conditions of detention that Kamushinda was released from detention following a letter of demand sent by Lawyers for Human Rights.

The organisation represented him in his claim for damages against the Minister of Police, where the court was required to assess whether the SAPS had acted wrongfully, thereby giving rise to a claim for damages.

In coming to its conclusion, the court considered whether the arresting officer had the prerequisite reasonable suspicion to conduct a warrantless search of Kamushinda and eventually held that he did not.

The court concluded that the stop-and-search crime prevention operation was thus unlawful, and that Kamushinda deserved to be compensated for his nightmare ordeal.

Lawyers for Human Rights said it welcomed this decision, especially as the country marks Human Rights Day on March 21, which is a reminder that the Constitution and legislation promotes and demands that there be equitable and non-discriminatory policing and immigration services to all, including non-nationals.

Nyiko Manyusa, the attorney who led the court case, said the law requires law enforcement officials to discharge their duties with care and diligence, taking into consideration people’s human rights and dignity.

“In Mr Kamushinda’s case, although he is a refugee in South Africa, the law still required the police and immigration officers to discharge their duties in a responsible manner, and not unlawfully search and arrest him.”

Manyusa said it was hoped that Kamushinda’s victory would be a reminder to all, especially those in authority, that they had to respect people’s rights as no one was above the law.

“That is what the Constitution and democracy demands from us,” Manyusa said.

www.samigration.com

Life Partner Visa – South Africa

Life Partner visa is issued to someone in a long term relationship.

This type of South Africa life partner visa is available to people in either heterosexual or same-sex relationships and can apply for a life partner temporary residence visa or a permanent residence depending on the length of the relationship in question.

An application for temporary residence life partner visa requires that the partners are in a proven relationship for 2 years. Foreigners who are life partners of South African citizens or permanent resident holders may apply for permanent residence if they have been together for 5 years or more in terms the Immigration Act.

To obtain permanent residence, you would have to have been living with your partner for more than 5 years. This came about with the new regulations.

The life partner visa is very similar to the spousal visa but accommodates same sex partnerships. You will have to prove financial and emotional support and may be called upon to be interviewed by the department.

SA Migration Intl will guide you through the entire process and make sure that your application is fully compliant with the immigration law to ensure a successful outcome. Once your application has been submitted we ensure you will be able to track the progress of said application either directly via VFS or via our followup processes via our application tracking system and be kept fully up to date with the progress of your application.

Once we confirm that you will qualify for the visa we will ensure you have a successful application.

If you need a life partner or spouse visa for South Africa please contact us now!

How can we help you , please email us to info@samigration.com whatsapp me on:

 +27 82 373 8415, where are you now? check our website : www.samigration.com

Please rate us by clinking on this links :

Sa Migration Visas

https://g.page/SAMigration?gm

Alternatively , please contact us on :

 Whatsapp  Tel No : +27 (0) 82 373 8415

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )

Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155

www.samigration.com

Portuguese Golden Visa: Ultimate guide to Portuguese citizenship

The South African – 27 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

Citizenship Options

• South African Citizen by Descent
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Deprivation of Citizenship
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Acquisition of the citizenship or nationality of another country

South African Citizen by Descent:

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

South African Citizen by Naturalisation:

Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalisation, two years after receiving his or her permanent residence at the time of marriage.

A child under 21 who has permanent residence Visa qualifies for naturalization immediately after the Visa is issued.

Automatic loss of Citizenship.

This occurs when a South African citizen:

Obtains citizenship of another country by a voluntary and formal act, other than marriage, or;

Serves in the armed forces of another country, where he or she is also a citizen, while is at war with South Africa.

Deprivation of Citizenship:

A South African citizen by naturalization can be deprived of his citizenship if;

The certificate of naturalisation was obtained fraudulently or false information was supplied.

He or she holds the citizenship of another country and has, at any time, been sentenced to 12 months imprisonment in any country for an offence that also would have been an offence in South Africa.

www.samigration.com

Migrants make up about 7% of SA labour force, Department of Labour tells Parliament

Fine 24 – 27 March 2022

The formal sector normally use documented migrants and register them appropriately, but sectors in 'obscure places' of in SA employ un-documented migrants, says the DEL.

iStock

• The Department of Employment and Labour briefed Parliament's Portfolio Committee on Tourism about migration trends.
• Especially since 2000, there has been a "dramatic influx" of mainly undocumented migrant workers, a worrying trend for the DEL.
• These migrants are particularly concentrated in the informal sector.

Migrants constitute about 4% of the population in South Africa and 7% of the country's labour force, according to the Department of Employment and Labour (DEL).

The department made a presentation to Parliament's Portfolio Committee on Tourism on Tuesday.   

Migration patterns tracked by the department shows that, especially since 2000, there has been a "dramatic influx" of mainly undocumented migrant workers. A worrying trend for the DEL is that these migrants are particularly concentrated in the informal sector.

The department would like to see access to SA's labour market regulated and monitored via "a flexible quota system", a streamlined and seamless visa regime and strong bilateral and multi-lateral partnerships among SADC countries.

"Support SADC regional labour market initiatives via ring-fenced visa arrangements to the benefit of SADC citizens," the department suggested.

According to the DEL, there is a need to address insufficient and absent policy frameworks, for example, concerning recruitment, data requirements, and labour migration to and from South Africa. An appropriate legislative framework has to accompany the policy in order to provide the mandate for state interventions.

It is, therefore, necessary to review current bilateral labour agreements, in the view of the department.

"The absence of a streamlined policy framework will perpetuate a fragmented and inconsistent approach to labour migration, non-aligned institutional frameworks, irregular labour migration, and the non-acquisition and non-retention of critical skills," the department stated in its presentation.

Insufficient regulatory frameworks, for example regarding recruitment, also need to be addressed.

"Two measures in particular need to be taken. Firstly, there need to be comprehensive consultations, also within government. Secondly, draft legislation aimed at implementing the policy, supported by an explanatory memorandum, is key," the presentation states. "Invest in improved inter-ministerial coordination and integrated service delivery - with the DEL as the lead department for all labour migration aspects."

Sam Morotoba, deputy director general of public employment services at the DEL, told the committee that the issue of foreign nationals is very complex. That is why an inter-ministerial committee was established between various departments to look at the issue.

"We have a serious situation of corruption at our borders, especially in certain areas of SA. It relates to human trafficking, crime and movement of illicit goods," said Morotoba. In his view, there is also a need for a complementary policy to address trading by foreign nationals in the informal sector.

"The formal sector normally use documented migrants and register them appropriately, but sectors in 'obscure places' of our country employ un-documented migrants and do not reflect them on their books. This makes it very difficult to know the exact numbers," explained Morotoba.

"Our Constitution, however, even protects foreign nationals who are not documented, because of their rights as human beings. We cannot turn them away from our hospitals, for example."

He further said SA is part of the SADC community and the wider African community.

"Whatever we do, we need to make sure our actions are within the context of regional integration and cooperation in a balanced way," he said. "We are all affected if we do not manage migration well."

He explained that South African companies which do not follow such a balanced employment approach when it comes to migrant or foreign labour, cause friction among South African labourers. He used truck drivers blocking freeways and demanding local companies must reduce their foreign workforce as an example.

"This [unbalanced] employment approach affects not only the tourism industry, but also agriculture. That is why we need a national strategy and a coordinated migration framework," said Morotoba.

The committee also heard that foreign-born migrants are often employed in the tourism industry because they speak languages needed to communicate with foreign tourists. At the same time, they often earn very low wages and endure bad working conditions due to not being unionised.

www.samigration.com