Stateless – Born in SA - 18-Year-Old or Older Child of an Asylum Seeker or Refugee for Citizenship in South Africa

Children born in South Africa to parents who are asylum seekers or refugees qualify for South African citizenship upon reaching 18 years of age, under the South African Citizenship Act. Below is the detailed procedure:

Eligibility Criteria

To qualify, the applicant must:
1. Birthplace and Residency:
o Be born in South Africa and have resided in the country from birth until the age of 18.

2. Legal Documentation:
o Be included in the parents' asylum seeker or refugee file and have maintained valid status throughout their residency..

3. Valid Birth Certificate :
o Have a birth certificate issued under the Births and Deaths Registration Act (BDRA) 51 of 1992.

Application Process
1. Compile Supporting Documents
o South African Birth Certificate:
o Issued at birth or during a late registration process.
o Proof of Residency in SA :
o Parental Documentation:
o Copies of the parents' valid asylum seeker or refugee permits.
o Language Proficiency:
o Certificates or letters confirming proficiency in an official South African language.
o Proof of Identity:

2. Attend an Interview:

o The applicant may be required to attend an interview at the DHA.

3. Receive Confirmation:

o If the application is approved, the applicant will receive a certificate of naturalization as proof of citizenship.

Key Considerations
1. Timeliness:
o Applications must be submitted after the child turns 18 and no later than a reasonable time afterward to ensure compliance with the law.

2. Accuracy:
o Ensure all forms are accurately filled out and documents are valid and up to date.

3. Statelessness Prevention:
o The procedure aims to prevent statelessness by providing a clear pathway to citizenship for children who meet the criteria.

Additional Assistance
If the process seems complex, applicants can seek help from:
• Legal aid organizations specializing in refugee and asylum seeker rights.
• Immigration consultants or lawyers such as ourselves familiar with South African citizenship laws.

How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com

Top 5 Things to Know about South African Visa Renewals

Top 5 Things to Know about South African Visa Renewals

When is it a good time to start with the renewal ?
Picture this – it’s Monday and in a quiet moment you decide to go through your foreign employees’ documents.

To your shock you discover that one employee’s visa is due for renewal – at the end of the week.

Suddenly, your Monday is a whole lot bluer! You have no idea how you’re going to do this. You don’t even know if it’s still possible to submit a renewal!

Take a deep breath – this does not have to happen to you.
You can avoid any visa renewal shocks and surprises simply by keeping these 5 facts in mind:

1. Did you know applications must be submitted at least 60 days before the expiry date of the visa

South Africa’ Immigration Act requires visa holders to submit renewals at least 60 days before the expiry date of their visa. Visa holders may also submit renewals earlier but no earlier than 6 months prior to a visa’s expiry date.

Our advice? Don’t wait for the 60 days! Submit as early as possible to allow for unforeseen hiccups.

2. Start the groundwork early
The process of renewing a South African visa is the same as applying for a new visa. For this reason, it is advisable to start preparing for a renewal well in advance.

When it comes to work visas specifically, there are often multiple steps that need to be followed before being able to submit the renewal to the authorities. Given the backlog at Home Affairs due to the COVID-19 pandemic, we recommend starting the preparation process 12 months in advance.

3. The visa holder must meet all the requirements again
To apply for a visa extension, the visa holder must be able to meet the requirements of their visa again. This includes any new requirements or changes to requirements that were made by the Department of Home Affairs since the previous application or renewal.

Applicants who can’t meet the requirements of their visa will most likely not get a visa extension.
That does not mean it’s the end of the road! Unsuccessful renewal applicants can get assessed against all of South Africa’s immigration requirements to see if they perhaps qualify for another visa that lets them work in South Africa.

4. Keep critical documentation up to date
Want to save yourself a lot of headaches? Ensure that documentation with expiry dates are always valid. By keeping documents up to date, you’ll see to it that you’re ready to proceed with renewals as soon as it’s necessary.

Police clearances is one example of documentation with an expiry date. These documents are only valid for 6 months from the date of issuance. The passport expiration date is also an important one to keep in mind. It is impossible to apply for a visa with an expired passport.

5. Extensions must be submitted in South Africa
All extensions must be submitted in South Africa, at a VFS application centre. Visa holders can’t submit extensions outside of South Africa.

Need help with South African visa renewals?
Our corporate team can assist you with all types of South African visa renewals. The team will guide you through the requirements and work with you to submit a complete application.

How can we help you , please email us to info@samigration.com whatsapp message me on:
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South African Citizenship

South African Citizenship

• SA Visa
• Citizenship
Citizenship Options
• South African Citizen by Descent
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Deprivation of Citizenship
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Acquisition of the citizenship or nationality of another country
South African Citizen by Descent:

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

South African Citizen by Naturalisation:
Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalisation, two years after receiving his or her permanent residence at the time of marriage.

A child under 21 who has permanent residence Visa qualifies for naturalization immediately after the Visa is issued.
Automatic loss of Citizenship.
This occurs when a South African citizen:
Obtains citizenship of another country by a voluntary and formal act, other than marriage, or;
Serves in the armed forces of another country, where he or she is also a citizen, while is at war with South Africa.

Deprivation of Citizenship:
A South African citizen by naturalization can be deprived of his citizenship if;
The certificate of naturalisation was obtained fraudulently or false information was supplied.

He or she holds the citizenship of another country and has, at any time, been sentenced to 12 months imprisonment in any country for an offence that also would have been an offence in South Africa.
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Good Cause and Form 20 process - South Africa – What is required

So what is letter of good cause and a Form 20 ?

A letter of good cause is a document that provides a compelling and persuasive reason for why a non-South African should be granted a specific request from the Department of Home Affairs when their visa has expired.

In the context of South Africa, a letter of good cause is often used in visa applications to explain any extenuating circumstances that may affect the applicant’s ability to comply with the requirements of the immigration act like an expired visa.

It is an opportunity for applicants to provide additional information that supports their late visa application or any reason why they could not submit it.

Writing a compelling and well-structured Letter of Good Cause is critical for a successful outcome. To ensure that your letter is effective, it is important to understand the requirements, guidelines, and best practices for writing a strong and persuasive letter.

Need to apply for a visa? These are the different South Africa visa types you can apply for.

Importance of a good cause

If you have an expired visa, it is important to submit the good cause when applying for a new visa, or an extension of your existing visa. This is because the good cause provides an opportunity to explain the reasons why your visa expired and to demonstrate that you did not intend to overstay your visa or violate the terms of your visa in any way.

Types of situations where it could be used

It can be used in a variety of situations for visa applications. Some common situations where it may be used:

• Unexpected events: If an unexpected event such as a natural disaster, family emergency, or illness impacted your ability to renew your visa or comply with the terms of your visa.

• Overstayed your visa: If you overstayed your visa, you can explain the overstay and demonstrate that it was due to extenuating circumstances and not intentional.

• Financial difficulties: If you are facing financial difficulties and you could not submit in time.

These are just a few scenarios we could think of but there are many reasons why you could be applying for one. If you have overstayed your visa due to negligence then you will be declared undesirable. You can read our what is the penalty for overstaying on an expired visa.

Eligibility Criteria:

1. The applicant has not been ordered to depart or arrested in South Africa.

2. Demonstrate that the applicant was not in the position to submit their application in the specified timeframe.

3. Demonstrate that you are now able to apply at the time of your request.

How to write the perfect letter

When writing the letter for the visa in South Africa, it is important to be clear, and concise, and to provide all relevant information. Here are some writing tips:

1. Be honest: Be honest and truthful about the situation and the circumstances leading to your visa expiration.

2. Demonstrate your commitment: Demonstrate your commitment to adhering to the terms of your visa and to maintaining good standing with the South Africa immigration authorities.

How to apply for letter of a good cause:

1. The illegal foreigner needs to approach an inspectorate at any Home Affairs office to find out if a good cause exists and whether you can apply.

2. You need to have your proof and written motivation with you on the day the immigration officer will interview you.

3. The immigration office will issue you with a notice to report DHA 1721 – Form 23 so that the authenticity of your supporting documents can be confirmed.

4. Once the immigration officer has completed a report, it must then be sent to the office head who will send it to the District Manager of Operations/Director.

5. If your outcome is positive you will then be handed an application for form 20 which you then take to VFS with your visa application.

6. If your outcome is negative, you will either face prosecution or be deported.

The most important aspect is you need to have a ready-to-submit application while waiting for your outcome from the Department of Home Affairs.

Common mistakes to avoid when writing

When writing, it is important to avoid common mistakes that can negatively impact the outcome of your visa application. Some of these mistakes include:

• Lack of detail: make it difficult for the authorities to understand your situation and make a decision on your visa application.

• Inconsistent information: Providing conflicting or inconsistent information and other visa application materials can raise red flags and make the authorities doubt the authenticity of your claims.

• Inadequate supporting documentation

• Neglecting to follow up: Failing to follow up and the status of your visa application can result in unnecessary delays and a negative outcome.

How long does a letter of good cause take

The length of time it takes to process can vary depending on several factors, including the volume of applications being processed, the complexity of the case, and the completeness of the application. On average, it may take several weeks or even months for the authorities to make a decision.

However, it is important to note that the processing time can be influenced by various factors, such as the availability of resources, staff, and processing capacity at the Home Affairs office. Additionally, some applications may take longer to process due to the need for further verification or clarification of information provided in the application.

It is recommended to follow up on the status regularly to ensure that it is being processed and to avoid any potential delays.

How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com

Inter Company Transfer Visa

Inter Company Transfer Visa

An intra-company transfer work Visa may be issued by the Department to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic.

An important factor is that the applicant has to have been employed with the company abroad for a period of not less than 6 months.

The Intra company transfer is not designed to be a long term visa. The idea is to bring in foreign workers employed by the company abroad with a branch or subsidiary branch here in South Africa; they work or conduct training for four years, and then return home.

This Visa does not require the hassle of proving the company could not find suitable applicants and it does not require the hassle of verifying an applicant’s formal qualifications. It is based purely on employment. If you are a company that needs to transfer in foreign employers, please contact us and we will make this go as smoothly as possible.
It is important to note that this category of work Visa cannot be granted for more than four (4) years and this type of Visa is not extendable.
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How can we help you?
Please email us to info@samigration.com
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