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SOUTH AFRICA – New Immigration Regulations Placed on Hold

The South Africa Department of Home Affairs has delayed the implementation of the amended Immigration Regulations, which include major changes to the current system.

As stated in our alert of 19 March 2014, relating to the draft Amendment to the Immigration Regulations, the new Regulations were scheduled to take effect from 1 April 2014. The Department of Home Affairs Legal Services have confirmed that the new Regulations have been placed on hold, until further notice.

Draft Immigration Regulations

Among the changes in the proposed new Immigration Regulations are major changes to the general work visa application procedure, an extension of the validity period of intracompany transfer work visas from two to four years and a new “Critical Skills” category of work visa to replace two current categories.

Also in the draft amendments are an end to in-country change of status applications from visitor visa to, for example, work visa; a move to applications in person; and more stringent requirements for admission and passports, study visas, police clearance, overstaying and travelling with children.

Action Items

  • Note that many of the proposed changes are likely to go ahead, may require updating of employers’ immigration policies and are likely to cause major processing delays.
  • Expect further updates on the details of the new Regulations when they are finalized, and on the timing of implementation.

This alert was drafted using information provided by Interface Africa and J Fetting Inc.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.