How do I assist my
Zimbabwean domestic worker to stay in South Africa?
Groundup – 02 June 2022
How to assist my Zimbabwean
domestic worker to stay in South Africa?
How can
Zimbabwean domestic workers stay in South Africa?
The short
answer
It will
be difficult. As they may not qualify for other visas in the Immigration Act.
The whole
question
Dear
Athalie,
We are
trying to find a way for our Zimbabwean domestic worker, Elizabeth*, and her
6-year-old daughter, Maria*, to stay in South Africa when the ZEP grace period
ends.
Maria has
been staying with our family friends because Elizabeth has serious health
issues that sometimes prevent her from taking care of Maria.
We have
gotten Maria into a good government school, and we sponsor her fees. Even
though Maria was born in South Africa, she has a Zimbabwean birth certificate.
How can we stop her from being deported? And can we stop her mother from being
deported?
The long
answer
The
government has said that ZEP holders have to find alternate means to stay in
South Africa legally by 31 December 2022, and can continue to work, study and
use banks, provided they have a Visa Facilitation Services Global (VFS) receipt
to show that they have applied for an alternate visa.
Before 31
December 2022, ZEP holders can travel freely in and out of South Africa, but
after that, they will have to have a visa to travel.
The
situation is very bleak for Zimbabweans who are labourers, construction
workers, e-hailing drivers, gardeners and domestic workers, because they will
not qualify for the other visas in the Immigration Act. These visas are
permanent residence, study visa, critical skills visa and general work visa.
WATCH | 'Their contribution to
society remains unrecognised' Ramaphosa praises domestic workers
Speaking at a Cosatu women's
event in Ekurhuleni, ANC president Cyril Ramaphosa praised domestic workers for
their role in the country, saying that more needs to be done to ensure their
rights are protected, and they receive decent wages.
The general
work visa is issued for five years and is the most difficult visa to obtain
because an employer would have to prove that they could not fill the position
with a South African citizen or permanent resident.
Kaajal
Ramjathan-Keogh, a South African lawyer and the Director of International
Commission of Jurists Africa Regional Programme, said in a Daily Vox article
that according to the conditions of the ZEP permit, it is not possible for
Zimbabweans to apply for permanent residence irrespective of how long they have
stayed in South Africa.
However,
she said, that as a group they could file a legal challenge to this condition
in court. She added that so many Zimbabweans had built their lives here, and
the conditions in Zimbabwe that caused them to come to South Africa had not
changed.
South
Africa had failed in its diplomatic attempts to persuade the Zimbabwean
government to promote human rights, democracy and the rule of law, and that it
was an unconscionable act for the South African Cabinet to have passed this legislation.
Which was
seemingly aimed at addressing the ANC's poor local election results (as
immigration was a key issue for many political parties), against a vulnerable
and politically powerless people, she says.
In South
Africa, a child takes the citizenship of its parents and the fact of being born
in South Africa does not confer any rights of residence or citizenship to
parents or children.
The fact
that Elizabeth's daughter, Maria, was born here does not automatically entitle
her to a South African birth certificate unless one of her parents was a South
African citizen or permanent residence holder, or she is adopted by a South
African citizen.
If her
father was South African, she would automatically be a South African citizen,
but if he was not, she would be able to apply for South African citizenship
when she reached 18 years of age and could prove (a) that her birth was
registered, and (b) that she had spent her whole life in South Africa.
This is
according to the 2020 Constitutional Court judgement in Ali vs Minister of Home
Affairs. James Chapman, Head of Advocacy and Legal Advisor at the Scalabrini
Centre in Cape Town, which has been inundated with requests for help from
Zimbabweans, says that families would be separated.
"There
would be children accessing school and remaining in the country, but parents no
longer able to stay because the ZEP is no longer in place."
Lawyers
for Human Rights have said that one of the biggest concerns was that children
born and raised in South Africa could get deported with their parents even
though they go to school here.
Kaajal
Ramjathan-Keogh says that a birth certificate for a child born in South Africa
to Zimbabwean parents should be sufficient for children to enrol at school, and
proof of application for another permit should suffice for children to continue
attending school, but at some point, a residence permit would be required.
If the
people with whom Maria is living are South African and are willing to adopt
her, which would make her legally their daughter, she would become a South
African citizen.
But the
fact of her becoming a South African citizen would not affect Elizabeth's
status, except that she could apply for a relative's visa from Home Affairs.
A relative's
visa is generally granted for a minimum of two years, which can be extended,
and she would need to present the following when applying:
Proof of
a valid temporary residence relative visa by presenting your passport or proof
of application thereof. You must also provide proof of kinship by means of
producing an original birth certificate;
The South
African citizen or permanent resident must also undertake to support you
financially, should the need for doing so arise. But when an application for a
relative visa is based on a dependent child, the child is not required to
supply financial assurance for his or her parent.
All
applications require the following to be submitted along with two fees that
must be paid in addition to your immigration company's service charges:
- Department of Home Affairs
(DHA) application fee (R1,520) and VHS service fees (R1,350);
- The applicant's unabridged
birth certificate or a certified copy thereof;
- A completed DHA application
form;
- Biometrics of the applicant,
which will be taken at the place of submission;
- Where applicable, a yellow
fever vaccination certificate;
- A police clearance
certificate;
- Medical report;
- Radiological report where
the applicant is over the age of 12;
- Two passport photographs;
- Proof of financial support
showing the required R8,500 per month, per person;
- Proof of South African
citizen/permanent residence of the relative by means of an identity
document or passport;
- Proof of the first kinship
to the South African citizen/permanent resident.
There is
an estimated processing time of 8–10 months. If the people with whom Maria
lives are South African and are willing to adopt her, and Elizabeth agrees,
this is the adoption procedure:
1. The
first step is that a notice must be served by the sheriff of the Children's
Court to each parent or guardian to ask for their consent to the adoption;
2. A
social worker must hold an interview with the prospective adoptive parents and
compile a report on whether the child can be adopted;
3. If the
adoption would be in the child's best interests;
4.
medical information about the child and the suitability of the prospective
parents;
5. The
adoptive parents must apply to the Children's Court to adopt the child.
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This application
must be accompanied by the report of the social worker, a letter from the
provincial head of Social Development recommending the adoption of the child,
and the necessary consent forms, where applicable;
The
Children's Court has to take into consideration the community, religious and
cultural background of the child, the child's parents and the adoptive parents,
and if the adoption will be in the best interests of the child before granting
permission;
There may
be certain fees, for example, professional fees payable to the organisation
that assisted in the adoption;
If an
adoption order is granted by the court, it must be taken to Home Affairs,
together with the child’s birth certificate, to record the adoption and any
change in surname.
You may
wish to consult with one of the following organisation as to the best way
forward
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 :
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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 )
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