In South Africa, the Immigration Act 2002 (as amended) governs immigration matters.
Change of Conditions vs. Change of Status
Section 10 of the Immigration Act 2002 distinguishes between a change of conditions and a change of status:
• Change of Conditions: Section 10(2)(b) allows for the renewal or extension of a visa, or the change of conditions attached to a visa.
• Change of Status: Section 10(2)(a) requires a new application for a different visa category.
Tourist Visa (Section 11(1)) to Volunteer Visa (Section 11(1)(b)(ii))
In this specific scenario, changing from a tourist visa (Section 11(1)) to a volunteer visa (Section 11(1)(b)(ii)) is considered a change of conditions.
Legal Precedent:
The court case that supports this interpretation is:
In this case, the Western Cape High Court held that:
"...where an applicant seeks to change the purpose or conditions of their stay, but remains within the same category of visa, such application constitutes a change of conditions and not a change of status."
This ruling implies that changing from a tourist visa to a volunteer visa, which falls under the same category (Section 11(1)), constitutes a change of conditions.
Supporting Legislation:
Section 10(2)(b) of the Immigration Act 2002 supports this interpretation:
"(2) A foreigner who has entered the Republic in terms of a visa may—
(b) apply for the renewal or extension of such visa or for a change of conditions attached to such visa..."
Conclusion:
Based on the Immigration Act 2002 and the Bato Star Fishing court case, changing from a tourist visa (Section 11(1)) to a volunteer visa (Section 11(1)(b)(ii)) is considered a change of conditions, which is permissible under South African immigration law.
This principle in law is covered in a more recent constitutional case “ Rayment & Others vs Minster of Home Affairs and Others , Case No CCT 176 /22 with judgement granted on 4 December 2023 .
• 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