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Despite a 2019 court ruling on "family joining", spouses and children of asylum seekers are struggling to get documented Spouses and children of asylum seekers are struggling to get recognition from Home Affairs. A 2019 landmark ruling allows the families of refugees to get documents in South Africa. - But legal experts say Home Affairs has created additional barriers like DNA testing requirements, and refuses to recognise customary marriages from other African countries. - A Congolese refugee has waited 23 years to be joined to her husband’s refugee status, despite submitting their marriage certificate several times. - A Kenyan couple have been unable to get their family documented, leaving their 13-year-old daughter unable to attend school. When rebels invaded his home in South Kivu in the Democratic Republic of Congo in 2002, killing many people, Kabamba Mukinayi fled to South Africa rather than be forced into the army. He applied for asylum at the Cape Town Refugee Reception Office and was granted refugee status within a few months. His wife, Tshilobo Tshiamakanda, followed him and applied for asylum in Musina before joining her husband. When her permit was due to expire, they went to the Cape Town refugee office and applied for her to be joined to her husband’s status. She thought she’d automatically receive the same status as her husband. But 23 years later, she is still in limbo. In June 2019, the Western Cape High Court handed down a landmark ruling granting access for spouses, children and other dependents of asylum seekers and refugees to be able to document themselves in South Africa under "family joining". Family joining means granting refugee status (or a similar secure status) to family members "accompanying a recognised refugee", according to the Refugee Rights Unit at the University of Cape Town’s Law Clinic. The ruling followed an application brought by the Scalabrini Centre on behalf of families of refugees who were facing arrests and detention because of documentation issues. Tshiamakanda has submitted her Congolese marriage certificate several times but to no effect. She has had to endure decades of short-term and inconsistent renewals at the refugee office. She has had numerous interviews, yet her case remains unresolved. Without clarity on her status, she struggles to open a bank account or access other services. She freelances as a child carer. "We are a legally married couple. All I want is for my wife to join my status so that her life can be easier," says Mukinayi. Several couples GroundUp spoke to at the refugee office are in similar situations. Some said their files were lost during the closure of the Cape Town refugee office in 2012. The new office opened in 2023. Those who had applied at the Pretoria and Durban refugee offices tried to continue their applications in Cape Town, but they say the system couldn’t pick up their family joining files. A Kenyan couple, who wished to be anonymous, say they have struggled for years to have their papers joined. The husband belonged to an ethnic minority that faced targeted attacks during post-election violence in 2008. His family’s home in Naivasha, about 90km from Nairobi, was burned down during clashes when the police did not intervene. After receiving threats, he left Kenya and applied for asylum at the Musina Refugee Centre before moving to Cape Town. In 2011, his wife joined him and also applied for asylum and to be documented with her husband. But before her case progressed, Home Affairs closed its Cape Town office in 2012. The Western Cape High Court ruled that the closure was unreasonable and irrational in 2012. Home Affairs was ordered to re-open the office by the High Court in 2016, and again by the Supreme Court of Appeal in 2017. The department then sought leave to appeal from the Constitutional Court, but the application was denied. Since the office reopened, the couple have made countless trips to Home Affairs, submitting applications at the office and online, attending interviews and waiting in long queues, only to be met with rejection, delays and silence. To date, she has no papers and his permit has since expired. Because of the hostility he faced, he is now afraid to go and renew his permit again. "They told me to wait for my family to be recognised, and before I knew it, I had overstayed," he said. "Every time we go to Home Affairs, it’s the same thing: missing documents, system errors, come back next week, next month, next year. But nothing changes," said his wife. The couple was told that their Kenyan marriage is not recognised in South Africa. Their daughter, now 13, has no birth certificate, is currently out of school, and is facing an uncertain future. Attorney James Chapman, head of advocacy and legal advisor at Scalabrini, said the 2017 court order and 2018 ruling were meant to make it easier for dependents of asylum seekers and refugees to be joined, but families are still struggling. "There is nothing that should prevent an individual recognised as an asylum seeker or refugee and has supporting documents from, by appointment at Home Affairs, joining their family. What happens in theory is that you approach the refugee reception office on the appointment date given by Home Affairs, and you bring all documents. If you don’t have supporting documents to prove your relationship, Home Affairs won’t proceed," said Chapman. He said the Scalabrini Centre had handled cases where the files of children who turned 18 were routinely separated from their families’ files, had to file for asylum again, and were then rejected. He said Home Affairs had now confirmed that file separation would only happen upon termination of dependency or upon request, not upon reaching 18. Those separated would still continue to benefit from the claim of the previous file holder. "There is also a problem that... customary marriages are not being recognised. If you got married by customary law, say in DRC, they [Home Affairs] are not accepting those marital relationships. Only civil marriages concluded are accepted." He said in some cases, to join children, Home Affairs demanded DNA, "which is prohibitively costly". "DNA is even asked for in cases where parents have birth certificates from their country confirming the family relationship. Where the child is old enough the child should also be able to confirm the relationship without the need for DNA testing." Chapman said the Scalabrini Centre can be contacted for help. GroundUp has waited for two weeks for comment from Home Affairs. |
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The ZAR 120,000 fee is a once-off processing fee for a Financially Independent Permanent Residence Permit under Section 27(f) of the South African Immigration Act. This fee is payable upon approval of the application. 1. Payment Recipient The payment must be made to the Department of Home Affairs (DHA) in South Africa. This applies whether you are submitting your application locally or from abroad. 2. When to Pay? • The fee is only payable once the application is approved. • The Department of Home Affairs will issue an approval letter instructing the applicant to make the payment. • You should not pay this fee at the time of application submission. 3. Where to Pay? Once you receive the approval letter, payment can be made through the following methods: ✅ Bank Deposit / EFT (Electronic Funds Transfer): • The approval letter will contain the official banking details of the Department of Home Affairs. • The reference number provided in the letter must be used for tracking the payment. ✅ Direct Payment at Home Affairs Offices: • In some cases, applicants may be instructed to pay directly at a designated Home Affairs office. • Always confirm with Home Affairs before making any payment. ✅ Payments from Abroad: • If you are outside South Africa, you may need to make an international bank transfer to the Department of Home Affairs' official account. • Ensure the reference number from the approval letter is included to avoid delays. 4. Proof of Payment Submission After payment is made: • Submit the proof of payment (bank confirmation or receipt) to the designated Home Affairs office handling your application. • Only after this step will you receive your permanent residence certificate. 5. Important Notes ❗ Non-Refundable Fee: The ZAR 120,000 is a non-refundable administrative fee. ❗ Do not make payments to individual officials or consultants ❗ Always request and retain receipts ❗ Verify Banking Details: Always confirm the bank details directly with Home to avoid scams. ❗ Timely Payment: Delays in payment submission may lead to delays in receiving your permanent residence certificate. ❗ The financially independent permanent residence category (Section 27(f) of the Immigration Act) requires proof of this payment along with evidence that you possess the required net worth to qualify under this category. Would you like assistance in finding the latest DHA banking details or confirming payment procedures? 😊 How can we help you , please email us to info@samigration.com whatsapp message 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 |
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What is an E Visa An e-visa is an electronic visa that allows travellers to enter a country without the need for a physical visa sticker or stamp on their passport. It is an alternative to traditional visa applications, which are processed by embassies, consulates or diplomatic missions, and typically take longer to obtain. The e-visa is a digital document that is linked to the traveller's passport, and it is typically obtained through an online application process. The application process for an e-visa is generally more convenient and quicker than traditional visa applications, as it can be completed from anywhere with an internet connection. These digital visas are often issued for tourist, business, or short-term stays and typically have a limited validity period. The requirements for obtaining the digital visa vary per country but typically include passport details, personal information, and financial information. Travellers may also need to provide proof of sufficient funds for their stay. Overall, the e-visa system is designed to make the visa application process more efficient, faster, and convenient for travellers, while also providing a secure and streamlined method for governments to manage immigration. Need to apply for temporary residence visa? These are the different South Africa visa types you can apply for. Importance of an e-visa for travel to South Africa An e-visa is an important tool for travellers to South Africa, as it offers several benefits that make the visa application process more efficient and convenient. With an e-visa, travellers can apply for their visa from the comfort of their own home or office, without the need to visit an embassy, consulate or diplomatic mission. The online process is also faster and more efficient than traditional visa applications, with a quicker processing time and reduced wait time. Additionally, the evisa eliminates the risk of lost or damaged visa stickers or passports, as it is linked to the foreigner's passport electronically. Overall, obtaining an evisa for South Africa is a simple and hassle-free way for travellers to ensure their visa needs are taken care of before the trip. Eligibility requirements for obtaining an e-visa for South Africa Certain countries have been introduced to the system and the government are slowly adding to the list of countries. To be eligible, travellers must meet certain requirements set by the Department of Home Affairs. These requirements include, but are not limited to: - Passport: Foreigners must hold a valid passport with 6 months or more validity beyond the intended departure date from South Africa and have at least 2 blank pages. - Proof of Sufficient Financial Means: Travelers must show that they can financially sustain themselves for the duration in SA, to cover their expenses such as accommodation and transportation. - Return or onward ticket: Travelers must have a return or onward ticket to their country of origin or a country they are legally authorized to enter. - Yellow fever certificate if they are travelling from or intend on travelling through a yellow fever endemic region. - Hotel booking E Visa Countries for South Africa – Who needs a South Africa Online Visa? - Cameroon - China - Democratic Republic of Congo - Egypt - Ethiopia - Kenya - India - Iran - Mexico - Nigeria - Philippines - Pakistan - Saudi Arabia - Uganda You can view visa exempt countries South Africa to see if you are exempt from applying for a visa. Step-by-step guide on how to apply for an e-visa for South Africa The process is easy and convenient and can be completed online. Follow these steps to ensure a smooth and successful application: 1. Create your profile: Start by creating a profile on the website. This will make it easier to track the status of your application and save your information for future visits. Complete and Submit your form: Fill out the online application form with accurate and up-to-date information. Be sure to double-check all the information before submitting the form. Upload documentation: You are required to upload supporting documents. Make sure that all of the required documents are available in digital format before starting the application process. 2. Confirm payment: Once you have completed the online form, you need to upload a copy of the proof of payment so that your application can be processed. How much does a South African evisa cost? The cost of obtaining an e-visa for South Africa is approximately 87usd. It is important to keep in mind that the fee is non-refundable, even if your visa application fee is denied. If you are using an immigration agency to facilitate the process for you then there will be extra immigration service fees. The payment for your South Africa e-visa can be made via an electronic fund transfer. When considering the cost of obtaining the visa, it is also important to factor in any additional expenses, such as transportation, and accommodation. By planning and budgeting for these expenses, you can ensure a smooth and successful trip to South Africa. How long does South Africa evisa take? The processing time for an electronic visa can vary, but on average it takes between 5 to 10 business days to receive a visa. It is important to note that the processing for your South Africa electronic visa may be longer during peak travel seasons, so it is recommended to apply for your visa well in advance of your trip. To ensure a smooth and efficient processing time for your South African electronic visa, it is recommended to double-check all information provided on your application and ensure that all necessary documentation is uploaded and complete. By understanding the processing time for a South African electronic visa, you can plan your trip accordingly and avoid any unexpected delays or complications. What are the benefits of obtaining an evisa for South Africa? It offers several benefits to travellers. Firstly, it streamlines the visa process and eliminates the need to visit a South African embassy, consulate or diplomatic mission. Secondly, it allows for a quick and convenient process, as all documentation and payment can be completed online. It reduces the risk of a visa denial as applicants can ensure their eligibility and provide the necessary documentation before submitting. The digital visa for South Africa is more secure as it eliminates the need to physically handle sensitive personal and financial information. These benefits make the visa a preferred choice for many travellers visiting the country. No Consulate or Embassy Visits are Required to apply for the electronic visa One of the major benefits of applying for the South Africa electronic visa is that you do not need to visit an embassy, consulate or diplomatic mission in person. The entire process, from creating your profile to receiving your visa, can be completed online. This not only saves you time and effort but also allows for a more convenient and hassle-free experience. You can apply for your South Africa electronic visa from the comfort of your own home or office, without the need for travel or appointment scheduling. By eliminating the need for in-person visits, the South African electronic visa streamlines the visa application process and makes it easier for travellers to plan their trips to South Africa. How long is the validity of the digital visa? The validity period of the visa ranges from 30 to 90 days. The exact validity period of your visa will be stated on your visa grant letter, which you will receive after your application is approved. If you would like to extend your stay then you need to apply for a visa extension to South Africa for a visit visa extension. The extension entirely depends on your purposes and whether you can financially sustain yourself in RSA for the extension period. If you need to work the you need to apply for the section 11(2) Work Permit South Africa. To ensure that your stay in RSA is legal and following your visa conditions, it is important to understand the validity period of your digital visa and to plan your trip accordingly. My country is not eligible for the evisa for South Africa – What should I do? If your country is not eligible for the electronic visa, you will then need to apply for a traditional visa through the South Africa embassy, consulate or diplomatic mission in your home country. This will likely involve visiting the embassy or consulate in person, and submitting an application with the required documentation. Requirements for obtaining a traditional visa can vary based on the specific requirements of the embassy, and the purpose of your trip. Frequently Asked Questions Is evisa available for South Africa? Yes, South Africa offers digital visas for eligible travellers from certain countries, see above. The visa allows eligible travellers entry into South Africa for tourism, business, or medical purposes. The visa must have been issued to you before you can enter the country. The digital visa program is subject to change and updates, and it is best for foreign citizens to check the official Department of Home Affairs directly for the most up-to-date information on eligible countries and when new ones are added. Can I enter multiple times with this digital visa? Yes, you can enter RSA multiple times with an evisa, but you must apply for a multi-entry evisa. It allows travellers to enter and exit South Africa multiple times during the validity period o the visa. Remember that the number of entries and the length of stay may be limited and depend on the type of multi-entry visa you have obtained. Can I apply for it while I am in South Africa? No, you cannot apply for the visa whilst in the country. The program is designed for travellers who are outside of South Africa at the time of the application. You must have a valid passport and be physically located in a country other than South Africa to apply. If you are already in South Africa and need to apply for a visa, you may need to apply for a different type of visa. Is it necessary to show my digital visa at the airport upon arrival in South Africa? Upon approval of your visa application, you will print out the evisa notification letter and keep it inside your passport. Upon arrival at South Africa's ports of entry, you must present the notification letter, your passport, and in some cases your proof of adequate financial means. The original passport which you used during the process must be presented. The South African immigration officer will then inspect your travel documents and luggage before determining entry. It is crucial to cooperate with border control officers and provide answers to any questions they may have, as they are responsible for deciding entry into South Africa. Can I obtain an evisa for South Africa at the border? No, an evisa for South Africa cannot be obtained at the border. It must be applied for and obtained before arrival in South Africa. This means that it is important to plan and apply for your electronic visit visa in advance of your trip. Is the Electronic Evisa process secure? The digital process for South Africa is designed to be secure and protect the personal information of applicants. The website uses encryption technology to protect sensitive information, and the forms only ask for information that is necessary for processing the visa. Can I make changes to my visa for South Africa after it has been issued? Once the visa for South Africa has been issued, it cannot be modified or altered. If there is an error or mistake in the information provided on the visa, you may need to apply for a new one and pay the visa fee again. It is important to double-check all information provided on the forms before submitting them to avoid having to go through this process. If you need to make changes to your travel plans after obtaining the visa, you may then need to apply for a new visa if the changes affect your eligibility for the original visa issued. Are there any restrictions on what I can do in South Africa with the evisa? Yes, there are restrictions on activities that can be performed in South Africa with a visa. The visa is issued for specific purposes such as tourism, and business, to name a few. The holder of the visa may not engage in work, study, or reside in South Africa for an extended period. It is important to check the specific conditions attached to the visa issued, as restrictions and conditions can vary. In general, the visa is intended for short-term stays and any activities that fall outside of these parameters may result in the visa being revoked. Do I have to enter South Africa on the specified date indicated on my approved visa, and what happens if I fail to do so? There is a date specified on your notification letter, after which the visa will become invalid if you have not entered on that day. Therefore, it is crucial to ensure that you can enter South Africa within the specified time frame to avoid having to reapply and pay that fee online again. Do I have to get separate digital visas for each person travelling with me to South Africa? Yes, each person in the group must have their evisa, and when applying online as a group, you'll need to specify the type of visa required for each person. The results of the group application will be provided for each individual in the group. How much bank balance is required for a South Africa Visa? The amount of bank balance required for the evisa is about R 3500.00. The Department of Home Affairs requires proof of sufficient financial means to cover the costs of your stay, including accommodation, transportation, and daily expenses. Can I get a refund if my visa is denied, or I do not make use of the visa or cancel my application? Depending on the stage of the process, if you cancel before you submit then you would be refunded. In general, processing fees are non-refundable and if your visa is denied, you will not be eligible for a refund. If you do not make use of your visa, you will not be refunded for the processing fees and will have to reapply and pay the online fees again. |
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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 it's 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. |
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1. Why Being Legal is Your Best Business Strategy Being legal isn't just about following the rules—it's about building a successful, long-term business. Here's why: - Customer Trust: Riders and customers feel safer with drivers who are licensed, insured, and legal. This means better ratings, more repeat business, and higher earnings. - Platform Benefits: Apps like Uber, Bolt, and inDriver reward legal drivers with promotions, surge pricing, and priority bookings. If you're not legal, you risk being deactivated. - Exclusive Opportunities: Companies like Checkers 60/60 and Pick n Pay ASAP only work with drivers who have the right permits. Being legal opens doors to these high-paying gigs. 2. Immigration Laws: Protect Your Income and Future Why It Matters: - Work Visa/Status: If you're a foreigner, you need a valid work visa to drive or deliver in South Africa. Without it you face : - Arrest : As an illegal foreigner you will only be brought to court in 48 hours and will remain in jail until court process - Court Process : Could remain in custody up to 3 months either in prison awaiting deportation bus or finalisation of court process - Deportation: You could lose your income and be banned from returning to South Africa. - Vlist Home Affairs : one can be declared a prohibited or undesirable person which means you cannot get a visa or permit or enter South Africa for 5 years - Blacklisting: Platforms like Uber and Bolt will block your account permanently. - Reputation Damage: Customers may report you, harming your driver profile and future opportunities. How SA Migration Can Help: - Expert Guidance: With 25 years of experience, SA Migration ensures your visa application is accurate and approved quickly. - Full Compliance: We are registered with the Department of Home Affairs, Labour, SAPS, and Courts, so you can trust us to handle your case professionally. - Peace of Mind: Focus on your business while we handle the paperwork, ensuring you stay legal and avoid risks. 3. Traffic Laws: Keep Your Business Running Smoothly Why It Matters: - Valid Driver's License: You must have the correct license for your vehicle. Without it: - Accidents: You'll pay for damages yourself, risking bankruptcy. - Platform Suspension: Uber, Bolt, and others will deactivate your account immediately. - Roadworthy Vehicle: Your car or scooter must pass inspections. If it doesn't: - Fines: Up to R1,500+ per violation. - Downtime: Impounded vehicles mean no income for days or weeks. How SA Migration Can Help: - Compliance Support: We guide you on the documents needed to stay legal, so you avoid fines and keep working. - Business Growth: Being legal lets you access loans for vehicle upgrades or even rent additional scooters to expand your business. 4. Operating Permits: Unlock More Opportunities Why It Matters: - Professional Driving Permit (PrDP): Required for e-hailing drivers. Without it: - Platform Ban: Uber, Bolt, and others will block your account. - Fines: Up to R2,500+ under the National Land Transport Act. - Municipal Permits: Scooter delivery riders (e.g., Checkers 60/60) may need local operating licenses. How SA Migration Can Help: - Permit Assistance: We help you apply for the correct permits, ensuring you qualify for corporate contracts and exclusive gigs. - Brand Partnerships: Use your legal status as a selling point when pitching to local businesses (e.g., "Fully licensed & insured for your peace of mind"). 5. Risks of Not Being Legal - Financial Loss: - Fines (R1,000–R10,000+), impound fees, or deportation costs. - Lost income during suspensions or vehicle seizures. - Reputation Damage: - Negative reviews (e.g., "Driver had no license") destroy your rating. - Platforms like inDriver penalize low-rated drivers with fewer ride requests. - Legal Blacklisting: - Immigration bans or traffic violations stay on your record, blocking future opportunities. 6. How SA Migration Helps You Succeed 1. Visa and Permit Applications: - We handle all paperwork, ensuring your work visa, PrDP, and other permits are approved quickly. 2. Compliance Checks: - We review your documents to ensure you meet all legal requirements, avoiding fines or bans. 3. Business Growth Support: - With your legal status secured, we help you access loans, partnerships, and exclusive job opportunities. Conclusion: Partner with SA Migration for a Legal, Successful Business In South Africa's competitive e-hailing and delivery market, being legal is your strongest advantage. By partnering with SA Migration, you: - Avoid costly penalties and downtime. - Build trust with customers and platforms. - Unlock premium opportunities (corporate contracts, surge pricing, promotions). Don't risk your income or future—let SA Migration help you stay legal and grow your business. 🚗 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 |
