Can I get an ID if I was born in SA to foreign parents but my uncle has a valid South African ID?

Can I get an ID if I was born in SA to foreign parents but my uncle has a valid South African ID?

SA Migration | 27 February 2023

The short answer 

Possibly. In terms of the 2018 judgement in the Naki case, Home Affairs should accept and consider your application. 

The whole question

I was born in South Africa, although my parents are foreign. I am currently undocumented and cannot further my studies (I have completed matric). I only have a birth clinic card. My father returned to his country and my mother has disappeared. The only family I have left is my father's younger brother who has a valid South African ID. What can I do to get documented?

The long answer

As you were born in South Africa to foreign parents, you can apply for South African citizenship when you are eighteen, if you have not lived anywhere else but South Africa, and if your birth has been registered under the Births and Deaths Registration Act of 1992. (This is in terms of the amended Citizenship Act.)

But as your birth was not registered under the Births and Deaths Registration Act, you need to apply for a birth certificate in “late registration of birth”. It is a long and difficult process, especially as your parents have left the country, but at least there is your father’s brother who will have to stand in and assist you. 

As you are older than 15 years, you would need to provide the following documents to Home Affairs (DHA). You can get the forms from their offices:

• Application for an ID (Form B1-9);

• Completed Forms DHA-24, DHA-24/A x 2 and DHA-288 for the registration of birth;

• Supporting documentation like proof of birth, clinic card etc, as well as written reasons why the birth was not registered within 30 days of birth;

• Fingerprints of parents or adoptive parents;

• Your biometrics (fingerprints);

• Certified copies of parents’ IDs, or asylum permit etc;

• Certified copy of ID of next of kin (this would have to be your father’s brother).

Even though it probably won’t be possible for you to produce all these documents, and neither of your parents can be there, your application must still be accepted and considered by Home Affairs in terms of the Promotion of Administrative Justice Act of 2000 (PAJA), which gives effect to the constitutional right to administrative action that is lawful, reasonable and procedurally fair.

In the 2008 Naki case in the Eastern Cape High Court, the court ruled that the Births and Deaths Registration Act should be read to mean that both parents’ documents must be presented “where possible” when registering a birth. This is because the court took into consideration the difficulties that an undocumented parent/s would experience in trying to register the birth of their child

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Are foreign nursing diplomas valid in South Africa?

Are foreign nursing diplomas valid in South Africa?

 27 Feb 2023 | GroundUp

The short answer

It depends. The South African Nursing Council will recognize your qualification if it meets certain criteria.

The whole question

I am an asylum seeker with a nursing diploma from my country of origin. Does my diploma have any value in South Africa? Can I work here? Can I go to university?

The long answer

In the first place, asylum seekers do have the right to look for work in South Africa. But as to what value your diploma has in South Africa, that is a question that can only be settled by the South African Nursing Council (SANC).

The SANC is the statutory body that regulates the nursing profession in South Africa. It sets standards for nursing education and training as well as standards for practising nursing. It is the body that registers all learner nurses/midwives as well as trained nurses, which includes foreign nurses. Thus, SANC processes applications from foreign nurses and midwives who hold qualifications from a foreign country. Asylum seekers have the right to apply to the SANC for registration.

The SANC must evaluate the foreign qualification in terms of the South African Qualifications Authority (SAQA) and the National Qualifications Framework (NQF). The SANC will recognise the foreign qualification after it has conducted the evaluation and the foreign qualification has met all the required verifications.

South Africa has three categories of nurses: professional (registered) nurses with four years of training; enrolled nurses with two years of training, and nursing assistants or auxiliaries with one year of training.

A diploma is NQF level 6 and in nursing means that a person can go on to register as a general nurse.

The Western Cape government says that “The Diploma in General Nursing (R171) is a three-year programme, leading to registration with South African Nursing Council as a General Nurse. The programme consists of a theory and clinical component which must be completed in each academic year.”

The SANC website says that for foreign nationals, the following documents must be submitted when applying for registration:

• Letter of intent/application;

• Curriculum Vitae;

• A letter of support to write examinations in South Africa from the National Department of Health (NDoH) and Foreign Workforce Management (FWMP);

• A certificate of English Language Proficiency obtained from an accredited institution (only for applicants whose nurse education was not done in English). The acceptable band for International English Language Testing System (IELTS) is 6. Only certificates from international recognized testing centres will be considered;

• Evaluation certificate of foreign educational qualification by the South African Qualifications Authority (SAQA);

• Certified copy of official passport or South African identity document (except refugees who will submit the permit from Department of Home Affairs);

• Certified copy of registration certificate of the Regulatory Body from the country of origin;

• Certified copy of qualification certificate;

• Valid license to practice as a nurse from the nurse’s Regulatory Body where the applicant’s nursing qualification is registered;

• Record of education and training (transcript) from the Nursing Education Institution in the country of origin;

• Verification certificate from the Regulatory Body of country of origin confirming that the applicant is in good professional standing and has no professional cases pending against him/her (except for refugees);

• Application form duly completed by the applicant himself/herself which can be downloaded at www.sanc.co.za;

• The applicable non-refundable application fee;

• Certified copy of marriage certificate where applicable;

• Letter of competence from the last employer;

• Police clearance letter from country of origin.

(Presumably in the case of asylum seekers who may well not have access to all these documents, sworn affidavits must be made.)

SANC goes on to say that “It is the responsibility of each individual to approach SAQA and NDOH for SAQA evaluation certificate and the endorsement letter from NDOH.”

In terms of studying at university:

To upgrade from a diploma to a degree: “Students who successfully complete a National Diploma course can enrol for a Bachelor of Technology (BTech) degree in the same field of study. Duration of study: Full-time 3 years / Part-time 4 years.”

The SANC says that refugees and asylum seekers who wish to undergo post-graduate studies will first be examined by the SANC as General Nurses for the R683 programme. The R683 programme is a bridging course for enrolled nurses leading to registration as a general nurse (SANC regulation no. 683).

University of the Witwatersrand (Wits) says that “International students are required to obtain Limited Registration with the South African Nursing Council before they are permitted to commence with any practical requirements. The Department of Nursing Education will facilitate the process with the South African Nursing Council on completion of registration.” For further information regarding Limited Registration with the South African Nursing Council refer to www.sanc.co.za.

Wits also says: “The University has an International Office which offers assistance to international applicants and helps them with the procedures they need to follow. In order to register at the University, please check all requirements on the International Office website.”

Tel: +27 11 717 1054

Email: studysa.international@wits.ac.za

These are the contact details for the South African Nursing Council (SANC):

Address: Cecilia Makiwane Building,

602 Pretorius Street,

Arcadia, Pretoria,0083.

Telephone (Call Centre): 012 420 1000, 012 420 1000

Email: customerservice@sanc.co.za

You can find more information on the registration process on the Nursing Council website or contact them at 012 420 1000 or registrar@sanc.co.za.

www.samigration.com 

 

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Proof of Permanent Residency ( PR)

Proof of Permanent Residency ( PR)

Why does one do this 

Obtaining permanent residency is your ticket to securing a full-time residency in South Africa. This alleviates the headache of renewing your visa every few years while still enabling you to enjoy every moment of your stay in South Africa. This is why we call it “Permanent” residency. It is important to make sure that you look after your PR certificate. 

While obtaining your permanent residency is a joyous occasion, it is important to be able to produce a proof of permanent residency (PR) upon request.

A PR certificate is issued upon successful application for your permanent residency. The Department of Home Affairs (DHA) will only issue you this certificate once, therefore obtaining a certified copy and looking after your original copy is very important. The only time you will need to take your PR Certificate out of its safe place will be upon exiting South Africa and entering a new country. Obtaining a proof of residency letter can confirm your status and the legitimacy thereof. This can also function as a back-up if you lose your original copy saving you loads of stress if things don’t go your way.

If you happen to misplace your certificate, it is not the end of the world. Although you may only receive the certificate once, the application for “confirmation of status” solidifies your status as a permanent resident. This letter comes in the form of a permanent residency letter, which can be applied for before or after misplacing your original proof of permanent residency. You know the saying, better safe than sorry, as this letter can take upwards of 6 months to be approved. Try and obtain your confirmation of status letter as soon as possible!

Once you have obtained permanent residency certificate for South Africa, you need to make sure that you comply with any conditions listed on the bottom of the A4 page. If you are unsure about how to comply with the conditions on your permanent residency certificate, make sure to obtain legal advise so you do not invalidate all of the hard work that you have done to obtain your certificate. You also need to apply for your South African identity book and convert your driver’s license to a South African version.

To apply for naturalization as a South African citizen: If you are a permanent resident of South Africa and you want to apply for naturalization as a South African citizen, you will need to provide proof of your permanent residency status as part of the application process.

If you leave South Africa and do not return after three or more years, your permanent residency is at risk of being revoked.  It is strongly suggested to seek professional legal advice. This is only if you are leaving the country for extended periods at a time.

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Govt to oppose order allowing 22 Afghan nationals into SA

Govt to oppose order allowing 22 Afghan nationals into SA

Home Affairs Minister Dr Aaron Motsoaledi believes a US Non-Governmental Organisation is trying to use the legal system to undermine and ambush South Africa’s sovereignty. Motsoaledi has reacted to an order by the High Court in Pretoria that government grants asylum to 22 Afghan nationals.

The order was issued on Friday after lawyers representing a United States-based NGO approached the court on behalf of the 22 Afghan nationals.

The NGO argued that the group might be victimised by the Taliban regime which took power in August 2021.

“On the 14th our officials in Beitbridge received a letter written by a firm of lawyers saying that they have clients that are coming, 22 of them. We are warning them that you must be given a transit visa to enter South Africa and apply for asylum, they never named the clients, they didn’t even mention where they came from. While the people there were still surprised, 22 people arrived and said they’re from Afghanistan and they want to enter the country, their lawyers have given us prior notice and they were carrying visa from Zimbabwe,” says Motsoaledi.

Government slams call to grant asylum to 22 Afghan nationals

Meanwhile, Motsoaledi says government will be opposing the court order.

“Yesterday they went to court to get an interim order that we must allow these people to come in, the return date is on the 7th of March but that court order has been granted that we must allow them in, but the judge realised that we were not in court. We were not in court because they manipulated the law and processes because they know that we are in Pretoria but they served a junior person in Beitbridge through an email and the person was in the field and only saw the email after 4 hours and after 4 hours they had already been in court and got the order but the judge realised that we were not there and allowed us that we can do something within 24 hours.”

www.samigration.com

Home Affairs, New bill will allow IDs from age 10

Home Affairs, New bill will allow IDs from age 10

JOHANNESBURG - In South Africa, you may only apply for an identity document when you`re 16 and above but, that`s about to change.


Cabinet has approved a new bill that will allow citizens to get their IDs at the age of 10.


The National Identification and Registration Bill of 2022 is now open for public comment.


The Bill also seeks to lay out an integrated digital national identification system, to keep a record of both SA citizens and foreign nationals.


Home affairs, minister Aaron Motsoaledi said, ``what the bill seeks to do is bring a new system called NIS, doesn`t change your nationality, but records, change the age on which people acquire ID documents, we want to move it to 10-years.`


`The rationale is that police at crime scene, use finger prints, so criminals use children...when a young child dies, they don`t take death certificate, so they don`t go and sell it and they live as an South African child that has died, so bill seeks to criminalise [that].`