• Against whom a warrant is outstanding or a conviction has been secured in South Africa or in any foreign country in respect of genocide, terrorism, human smuggling, trafficking in persons, murder, torture, drug-related charges, money laundering or kidnapping;
• Previously deported and not rehabilitated by the Department of Home Affairs;
• Who is or has been a member of an organization advocating the practice of racial hatred, social violence, or which utilizes crime or terrorism to pursue its ends;
• Found in possession of a fraudulent visa, passport, permanent residence permit or identification document.

Prohibited persons do not have to be “declared” as such. Often a foreigner finds that he or she simply cannot re-enter South Africa at a land border, or at a foreign port of embarkation. The reason for such restriction of entry could be that the foreigner’s identity details have been placed on the so-called “V-List” (“Visa Restricted” List) of the Department of Home Affairs.

What may also occur is that the foreigner has applied, within South Africa, for a temporary residence visa or a permanent residence permit and such application may be rejected because the DHA is of the view that a specific document or visa submitted by the applicant in his or her application, or in any past application, is “fraudulent” or has failed to be verified by the DHA.

The DHA may reject a visa or permit application on the basis of the applicant’s foreign or South African police record. Frequently while the applicant has never been convicted of the offences identified for prohibition purposes, the DHA may proceed to V-List such individual merely on the basis of its view that an ordinary “drunken-driving” conviction may render the applicant a person “not of good and sound character”. V-listing does occur on the basis of bureaucratic error.

The only remedy for a prohibited person is to apply to the Director-General of the DHA to declare him or her to be a “non-prohibited” person. Even though the Immigration Act merely requires a demonstration of “good cause” to have the DG lift the prohibition and remove his or her details from the V-List, DHA policy demands far more than “good cause” to lift the prohibition. Some of these applications are complex and technical and professional expertise is often well advised.

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To be an “undesirable person” and placed on the V-List, the foreigner must fall into one of the following categories:
• Is or is likely to become a public charge;
• Identified as such by the Minister of Home Affairs;
• Who has been judicially declared incompetent;
• An unrehabilitated insolvent;
• Who has been ordered to depart in terms of the Immigration Act;
• A fugitive of justice;
• Has previous criminal convictions without the option of a fine for conduct which would be an offence in South Africa;
• Has overstayed after the expiry of their visa.

The Immigration Act requires that the affected foreigner is physically “declared” an undesirable person by being handed a “declaration of undesirability” by an immigration official. This often happens when a foreigner overstays his or her visa and departs through a South African port of entry. The immigration official will complete the declaration and hand it to the affected person, stipulating the number of days the person has overstayed: any overstay of up to 30 days renders the person banned from returning to South Africa for one year, and any overstay of 30 days or longer prohibits the person from returning to South Africa for five years.

The only way the affected foreigner may have the grounds of undesirability waived and his or her restrictions removed from the V-List, is to apply to the Minister of Home Affairs, also on the basis of “good cause”. This is effectively an appeal against the undesirability status. Often these appeals are complex and most often require the assistance of a professional.

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The short answer
Applying for birth certificates can be complicated. You may need help.

The whole question
I am a Zimbabwean lady with three children with a South African man. We are not married. How can we apply for birth certificates for our children?

The long answer
Thank you for your email asking how you can apply for birth certificates for your three children with a South African man that you are not married to.
If you just needed copies of their birth certificates, you would fill in Form B1-154 at Home Affairs and pay a fee for each application. But if they have never had birth certificates, this is how it works:

All children born in South Africa must be registered within 30 days of their birth in terms of the Births and Deaths Registration Act of 1992. The parents are then issued with an unabridged birth certificate which contains the full details of the child and its parents.
If a child is registered after 30 days but before 1 year, you must complete and submit Form B1-24 to Home Affairs along with written reasons why the birth was not registered. This will be sent to the Home Affairs Head Office to get an ID number and to keep a record of it.

It gets a lot more complicated if a child is registered after 1 year but before 15 years. In that case, you will need to complete and submit Form B1-24/1 along with written reasons why the birth wasn’t notified in the 30-day period. You will also have to submit as many of the following documents as possible to confirm the child’s identity and status:
* A certificate from the hospital or maternity home where the child was born. The certificate must be signed by the person in charge and contain the institution’s official stamp.
* Official confirmation of the child’s personal details taken from the register of the first school attended by the child. Again the confirmation must be on the school’s official letterhead, signed by the principal with the official school stamp on it.
* The child’s baptismal certificate
* Sworn affidavits by you and the child’s father
* A clinic card
* School reports and any other documents that help to prove your child’s identity.

They will interview you (and / or the father?) and your fingerprints will be verified against the national database. If successful, the application will be forwarded to the Home Affairs Head office to allocate an ID number and keep a record of it.
If one of the children is over 15 years, they must apply for an ID (Form B1-9) as well as their birth application. Forms DHA-24, DHA-24/A x 2 and DHA -288 must be completed to register the birth. You must also submit supporting documents (as listed above) as well as written reasons for not registering the birth within 30 days.
As all the requirements above are complex and demanding, and dealing with Home Affairs is never easy, you may want to take advice from one of the following organisations:

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o increase your chances of scoring 100 points for the Critical Skills Work Visa in South Africa, you need to maximize your eligibility based on the points system used by the Department of Home Affairs (DHA). This system evaluates your profile in areas such as qualifications, work experience, age, and other relevant factors. Here’s how you can improve your points and overall application:

1. Qualifications (Maximizing Points for Education)
• Higher Education: The more advanced your qualifications, the more points you’ll earn. Holding a PhD or Master's Degree in a field related to your critical skill will give you the highest points.
o PhD: Earns the maximum points in the education category.
o Master's Degree: Also scores high but slightly less than a PhD.
o Bachelor's Degree: You still earn points, but less than for a Master's or PhD.

How to Maximize:
• Obtain the highest possible academic qualifications in your critical skill area.
• Have your qualifications evaluated by SAQA (South African Qualifications Authority) to ensure they meet South African standards.
2. Work Experience (Maximizing Points for Experience)
• Relevant Experience: The more years of relevant work experience in your critical skill area, the more points you will earn.
o 10+ years of experience in a critical skill will get you the maximum points.
o 5 to 10 years of experience will earn fewer points, while less than 5 years will score lower.

How to Maximize:
• Ensure you provide detailed proof of your relevant work experience, including letters from employers, employment contracts, and a CV highlighting your specific critical skills.
• Focus on getting experience in the specific critical skill category that aligns with South Africa’s needs (e.g., ICT, engineering, finance, healthcare).
3. Professional Registration (Boost Your Points with Professional Membership)
• Professional Body Membership: If your critical skill requires registration with a South African professional body, obtaining this membership will significantly boost your points.
o Registration with a professional body is essential for certain sectors like engineering, medical, and legal professions.

How to Maximize:
• Register with the relevant South African professional council or regulatory body (e.g., ECSA for engineers, SAICA for accountants, HPCSA for healthcare professionals).
• Keep your membership active and up to date before applying.
4. Job Offer (Get Points for Securing Employment)
• Having a valid job offer from a South African employer related to your critical skill will give you a higher chance of scoring maximum points.

How to Maximize:
• Secure a job offer from a recognized employer before applying for the visa.
• Ensure the job is directly related to your critical skill, and that the employer can provide detailed documentation.
5. Age (Gain Points for Being in a Preferred Age Range)
• Applicants between the ages of 25 and 40 typically earn the most points. Younger applicants (under 25) and older applicants (over 45) score fewer points.

How to Maximize:
• If you are in the 25 to 40 age bracket, this is a strong point in your favor. If you are younger or older, focus on maximizing points in other categories like qualifications and experience.
6. Language Proficiency
• Being proficient in English (or other official South African languages) may also contribute to a higher score, as it ensures that you can integrate and work effectively in South Africa.
How to Maximize:
• Provide evidence of language proficiency if required, such as passing an internationally recognized English language test (e.g., IELTS) if applicable.
7. Additional Points:
• Contributions to South Africa’s Economy: If your skills directly contribute to the development of South Africa's economy or specific industries (such as ICT, engineering, or healthcare), this will further boost your points.
• Permanent Residency Pathway: Earning 100 points is also a good pathway toward obtaining permanent residency later on if you plan to settle in South Africa.

Conclusion:
To score 100 points for the Critical Skills Work Visa, you should focus on:
• Maximizing your qualifications (higher education and SAQA accreditation).
• Gaining significant work experience (ideally 10+ years in your critical skill).
• Registering with a professional body related to your critical skill.
• Securing a job offer in your critical skill area.
• Applying within the optimal age range (25-40). By strengthening these areas, you’ll increase your chances of scoring highly and successfully obtaining the Critical Skills Work Visa.

Don’t risk your income or future—let SA Migration help you stay legal and live stress free .
• 🚗 Call to Action:
Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.
• 📞 WhatsApp: +27 82 373 8415
📧 Email: info@samigration.com
🌐 Website: www.samigration.com
• Your compliance is our priority—let’s build your future together

How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

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The short answer
To be on the safe side, perhaps it would be wise to apply for temporary visas for the family, as well as permanent residence for the whole family, you included.

The whole question
I hold a temporary visa. Can I apply for permanent residence from my home country so that I can apply together with my family? Does my family need to have temporary visas first or can they just apply for permanent residency at the same time as me?

The long answer
In answer to this question: Can my accompanying family apply for permanent residence with me at the same time? samigration . says the following:
“Yes, as long as the applications of the whole family are submitted at the same time then the immediate accompanying family of foreigners applying for permanent residence may apply together. Should the applications not be submitted at the same time, the accompanying family will need to wait for the successful outcome of the main applicant’s permanent residence application to be in a position to apply for permanent residence as his or her immediate family. The foreign spouse of a permanent resident applicant is only eligible to apply for permanent residence having been espoused for at least 5 years.”

As a temporary residence permit has to be renewed online at VFS Global, 60 days before it expires, Sa Migration adds, “In the first instance, it is possible in most cases, for the individual to apply for permanent residency at the same time they apply for temporary residency. The Department of Home Affairs currently has a backlog of permanent residency applications and therefore the processing of these can take anywhere between 12 and 30 months. However, in many cases the permanent residency will be issued before the temporary residency expires, therefore negating the issue of an expired temporary visa.”
As you know, a temporary visa holder can apply for permanent residence after five years of staying in South Africa on the basis of a work permit. It is possible to apply for permanent residency) from outside South Africa as well as within South Africa.

But as Home Affairs says that the permanent residency permit “is also applicable to spouses and dependents of South African citizens/permanent residence permit holders” (my emphasis), it is not clear to me whether the accompanying family must first apply for temporary visas or not. To be on the safe side, perhaps it would be wise to take Intergate Immigration’s tip and apply for temporary visas for the family, as well as permanent residence for the whole family including the main holder of the temporary visa at the same time.

🚗 Call to Action:
Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.
📞 WhatsApp: +27 82 373 8415
📧 Email: info@samigration.com
🌐 Website: www.samigration.com
Your compliance is our priority—let’s build your future together

How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

Where are you now?
Check our website : www.samigration.com

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