The Immigration Act and the Department of Home Affairs abhors fraudulent documents.  Section 29(1)(f) provides ; The following foreigners are prohibited person and do not qualify for a port of entry visa, admission into the republic , visa or a permanent residence permit … anyone found in possession of a fraudulent visa, passport , permanent residence permit  or identification document.  Section 49(14) and 49(15) makes the use or attempted use of or uttering of any fraudulent document for the purpose of entering remaining in or departing from and residing in the republic a criminal offence, of which a person on conviction is liable to imprisonment of up to 15 years.  So when one finds him of herself in possession of a fraudulent document how does one comeback from this immigration abyss?

There are two paths to rehabilitating yourself when you have been rendered a prohibited person for using or attempting to use or uttering a fraudulent visa, permit or Identity document.  Section 29(2) makes provision for the Director General on good cause declare that person is no longer a prohibited person.  This is done by way of submitting an application to Director General setting forth good cause why the person should be removed from the prohibited persons list.

Another avenue is in terms of section 32 of the Immigration Act and Regulation 30.  Section 32 is an appropriate route in the event that the person is still in the country and looking to apply for a new visa.  Regulation 30 provides 3 tests, that a person is an illegal foreigner, who has neither been arrested for the purpose of deportation nor been ordered to leave and who wishes to apply for a status after the expiry of his or her status.

Section 32 is applicable because by virtue of being in possession of a fraudulent permit or visa and have not been arrested ordered to leave then you meet the criteria under section 32.

The next criteria is that the person would need to show good cause why you failed to renew your previous visa.  This would include the circumstances that led to you being in possession of fraudulent document.  Often people are victims of an elaborate immigration scam and their permits would have worked for few times and so would be unaware of the fraudulent nature of their status until it is brought to their attention. They are as much victims of the fraud as is the state.  It is important to be able to prove definitively that a third party was at play and in our experience, this works to the persons advantage.

The last criteria would be proof that the person is eligible for the visa that they intend to apply for.  This is submitted in the form of all the required documents for the respective visa.

It is important to highlight that immigration issues of this kind do not go away with time.  The Department will always discover that a person’s status is fraudulent or obtained in a fraudulent manner.  So tackling these head on will be the best approach to any similar situation.  The effect of coming forward to attempt to regularise your status is better than not doing anything.  Any good faith effort to rehabilitate your status will certainly mitigate risks of being criminally convicted and will  count as a positive in an application to remove the prohibited person status. It is also accepted that not every case can be rehabilitated.

For assistance with your immigration matter you can contact us at our offices and speak to one of our specialists.

Sa Migration International

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

Overstaying one’s visa is a common occurrence among people who applied to extend their visa in South Africa and said visa not issued in time for travel .

In recent months overstaying one visa has moved from being a minor inconvenience to a possible criminal offence with potentially serious ramifications. The changes brought about by the new immigration laws have made overstaying ones visa a very serious affair which needs a careful and smart approach to remedy.
Let us now explore the effect of overstaying ones visa and what steps to take to correct this now serious matter.

Effect of an overstay
An individual who remains the republic after his or her visa has expired is in violations of the Act. The immigration Act describe such individual as illegal Foreigners. Illegal foreigner are dealt with in terms of section 32 which provides:
32(1) any illegal foreigner shall depart, unless authorised to do so by the director general as well as any illegal foreigner shall be deported.
The seriousness of an overstay is clear from the section, anyone who is considered an illegal foreigner must be deported and there are no exceptions. In addition section 30(1) (h) renders one departing the republic on an expired status an undesirable.

Legalization of an Overstay
Section 32(10 read with regulation 30 provides for a mechanism to cure an overstay a potentially avoid any sanction for the overstay. This process is commonly referred to as legalisation and is given expression in the following section:

(a)Demonstrate, in writing ,to the satisfaction of the Director General that he or she was unable to apply for such status for reasons beyond his or her control and;
If you require assistance with Uplifting the Overstay ban and or Legalization and have any questions on the topic please feel free to contact our offices for specialist advice.
www.samigration..com

   The US has added further exemptions for foreign travellers looking to enter that country amid its ongoing travel ban.

• Under the National Interest Exceptions protocol, certain visa holders and exchange visitors may travel to the US.
• This applies to specialised teachers and au pairs in South Africa.
• It also includes immigrant and fiancé(e) K-1 visas, which require a US citizen sponsor.

The United States has expanded its list of National Interest Exceptions (NIE), which effectively exempt certain South Africans – with specific skills, jobs, and visas – from its ongoing travel ban.

It’s been three months since US President Joe Biden closed the country’s borders to travellers from South Africa. The decision to restrict travel was associated with fears around the 501Y.V2 variant of Covid-19 first detected in the Eastern Cape.

Due to international concerns around the local prevalence of the 501Y.V2 variant – which is more transmissible and tougher to vaccinate against – South African travellers have become tightly restricted.

But while other countries have only afforded exemptions to returning citizens and permanent residents, the US has continuously updated its NIE list for purposes related to humanitarian travel, public health response, and national security.

Shortly after the travel ban was imposed on South Africa in January, the US Bureau of Consular Affairs announced that H-2A visa holders – defined as non-immigrant certification for temporary workers performing agricultural services – would be included as an NIE.

This exemption was particularly positive news for South Africans, who account for the highest number of H-2A visa holders outside of Mexico.

South Africans holding valid immigrant or fiancé(e) K-1 visas are now allowed to enter the US. This applies to foreign citizens who are sponsored by direct relatives living in the US or by a prospective US-based employer. It also permits a foreign-citizen fiancé(e) to travel to the US and marry his or her US citizen sponsor within 90 days of arrival.

Visa applicants have, however, been warned of backlogs at embassies and consulates.

“The Covid-19 pandemic continues to severely affect the ability of embassies and consulates around the world to be able to resume routine visa services,” says the US Bureau of Consular Affairs in response to ongoing lockdown restrictions.

“Combined, these restrictions have reduced appointment capacity during the pandemic, which has created a significant backlog of both immigrant and non-immigrant visa applicants awaiting a visa interview. The provision of services to U.S. citizens abroad is the first priority of consular sections abroad.”

Other exemptions are also afforded to certain non-immigrant “Exchange Visitors”.

Au pairs who are able to provide specialised care for minor US citizens with particular needs – medical, special education, or sign language – have also been added to the NIE list. This also applies to au pairs who take care of children whose parents are either frontline healthcare workers or medical researchers involved in work around Covid-19.

South Africans who are successfully enlisted in bilateral exchange programmes which are “designed to promote US national interests” will be allowed to enter the US. This programme must be endorsed by the US government at either federal, state, or local government level.

Similarly, interns and trainees on US government agency-sponsored programs are now also exempt from the travel ban.

Specialised teachers, who hold a degree-equivalent to a US bachelor’s degree in either education or the academic subject field in which they intend to teach, can also enter the US’ teacher programme which will exempt them from the ban.

Applying teachers will need to have at least two years’ experience and must “possess sufficient proficiency in the English language”.

South Africa isn’t the only country which is currently being subjected to US travel restrictions. The ban, and associated NIE exemptions, currently apply to travellers from China, Iran, Brazil, the Schengen Area, the United Kingdom, and Ireland.

www.samigration.com

The Home Affairs Department has been sending the siblings from pillar to post, demanding that they provide DNA evidence that they are related to the woman they call their grandmother.

The North West Home Affairs Department has come under heavy criticism for failing to assist two young men who have been struggling to get their identity documents for years

The siblings, from Rankelenyane village, near Mogwase, were forced to collect DNA from their grandmother, who unfortunately died earlier this month.

The department insists that it requested that DNA tests be conducted to prove that they were related to their grandmother.

The Phiri siblings bid farewell to their only caregiver. Their mother disappeared when they were small, making it impossible for the boys to get identity documents.

The Home Affairs Department has been sending the siblings from pillar to post, demanding that they provide DNA evidence that they are related to the woman they call their grandmother.

The department says the aim is to protect the integrity of the population register. The family could not afford to pay for the tests. The siblings finally secured funds but their granny Stephina was admitted to hospital on the day the samples were to be taken. She died two days later.

The siblings’ former teacher, Esther Masinga, who’s been assisting them, says they are disappointed at the department’s conduct.

“The delay caused by the department of home affairs really made them more emotional. Because this has been a struggle since they were in primary school. Now granny is gone. They wanted to do those DNA Tests and another delay occurred due to the raisin funds.”

Social Development MEC, Boitumelo Moilwa, says they will continue to assist the family.

“The DNA has been done. We are just waiting for the results. In 5 weeks when the results come, we are going to take the matter up, expediting the matter with home affairs to make sure that they have the ID documents and the small ones have the birth certificates. But from now onwards, in between. As social development, we’re still going to give them the SRD. SRD is the food parcels that we are going to give them until they receive their IDs.”

Although the family is optimistic that the siblings will finally receive their identity documents, it is sad that their grandmother is not alive to celebrate with them.

www.samigration.com

 

In a landmark move the US Centre for Disease Control and Prevention (CDC) has updated its advisory policy, opening up travel for US citizens that have been fully vaccinated.

The US is one of South Africa’s largest source markets for inbound travel. At present approximately 62 million people in the US, or around 20% of the country’s population, have been vaccinated for COVID-19 and given the green light to start travelling again.

The CDC recommendations now allow fully vaccinated US citizens to travel domestically without the need to quarantine or to test for COVID-19 before or after travel. Its recommendations also allow vaccinated US citizens to travel internationally without the need to quarantine. Vaccinated citizens do not need to get tested before leaving the US unless the destination they are visiting requires it, however they do need to show a negative test result (or documentation of recovery from COVID-19) before boarding a flight to the United States.

The CDC also recommends that these travellers get tested three to five days after international travel. People are considered fully vaccinated two weeks after receiving the last required dose of the COVID-19 vaccine.

According to the CDC’s website travellers should still take steps to protect themselves and others. “You will still be required to wear a mask on planes, buses, trains and other forms of public transport. Fully vaccinated international travellers arriving in the Unites States are still required to get tested within three days before their flight and should get tested three to five days after their trip,” advises the CDC.

“The updated guidance does not apply to unvaccinated people. The CDC still advises anyone who hasn’t been fully vaccinated to avoid travel.”

CEO of the Tourism Business Council of South Africa (TBCSA), Tshifhiwa Tshivhengwa, said that the CDC’s announcement – which endorses the idea that it is safe for vaccinated people to start travelling again – would speed up the recovery of the industry and allow vaccinated travellers to start returning to South Africa. 

He said the TBCSA was engaging with government to implement a clear travel policy for vaccinated people, which would remove some of the barriers to travel that were currently required.

“This announcement will be a catalyst to speed up our discussions to allow vaccinated travellers easier access to South Africa,” said Tshivhengwa.

MD of Cape Xtreme Adventure Tours and Cape to Addo Safaris, Barry O’Donoghue, said that anything that removed travel barriers and encouraged people to start travelling again was positive news for the industry. 

“The US is one of our largest source markets and we have seen a marked increase in enquiries from this region in the last few weeks, as the US has moved forward rapidly with its vaccination programme.

O’Donoghue said the US tour operators that we are engaging with are upbeat and excited about booking trips to Africa again. “And we have just received the good news that a group of 200 US students will be confirming their booking with us for travel in May and June, which will substantially alter our company’s position. The CDC’s endorsement of travel for vaccinated citizens will surely add fuel to this momentum.”

“We have been lucky that South Africa only has a PCR requirement for travel, as quarantine requirements, which are still in place in many countries, are devastating for forward bookings. PCR test requirements are still cumbersome, expensive and risky to manage though, and if this requirement could be removed for vaccinated travellers it would help both the inbound and outbound industry to recover even faster,” he added.

www.samigration.com