The South African government on Monday said it would not budge on its new visa rules but pledged to “deal” with problems raised in the implementation of those regulations.

The new immigration laws have sparked confusion and panic among Nigerians and other foreigners, particularly the 250,000 Zimbabweans who acquired permits under the 2010 special dispensation exercise.

South African Airways and other airlines also recently implemented new rules for travelling with kids to South Africa.

The new regime outlines a clear distinction between short-stay visas and long-stay permanent residence permits.

What are the new rules?

General/Partners/Spouses

Visa applications should be made by applicants in person and those wanting to change the status of their visa can no longer do so in South Africa but have to do so at missions in their home countries.
The government now asks for couples to prove they have been in a relationship for at least two years, and also that spouses of work permit holders apply for certain visas abroad.
If a partner or spouse was in a previous marriage, it is necessary to provide official documents that prove the dissolution of such marriage either by divorce or the death of the other spouse.
The updated regulations also state that life partners will need to attend separate but simultaneous interviews to determine the authenticity of the existence of their relationship.
Those that have applied for visas before the new rules came into operation are exempted.
Visitor’s Visa holders who wish to change the terms or status of their visa must submit an application no less than 60 days prior to the current visa’s date of expiration.
Those wishing to extend a stay for longer than three months must provide a police clearance certificate from their home country.
New regulations also state that one cannot change from a Visitor’s Visa to another type of visa; these applications for change of conditions must be made at a mission abroad, i.e. an embassy or consulate, where the applicant is an ordinary resident or holds citizenship.
Under the “old legislation”, it was possible to apply for a temporary residence permit whilst using a visitor’s visa but the “new legislation” now prohibits any foreigner from applying for a temporary residence permit using a visitor’s visa.
Under the old rules, foreigners waiting for their visas to be renewed could leave the country as long as they had a note from Home Affairs acknowledging receipt of their new visa application.
Anyone that has overstayed their visa is prohibited from re-entering the country and branded as “undesirable”.
Previously, the undesirable list was reserved for those with criminal records and the like, but now the government has thrown “overstayers” into that list, regardless of their circumstances.
Those that have overstayed by between one and 30 days face a 12-month ban, while anyone who has overstayed by more than 30 days faces a ban of five years.
However, exceptional circumstances include if an applicant is in need of life saving medical treatment or is an accompanying spouse or child of a business or work visa holder who wish to apply for a study or work visa.

Intra-Company Visas

This visa will now be available for 4 years but is non-renewable.
The employee in question must be employed with the foreign office/ business for a minimum of six months before being eligible for transfer to South Africa.

Study Visa/ Exchange Visa

Holders of a Study Visa may not conduct part-time work exceeding 20 hours of labour a week.
Both Study and Exchange Visas will only be issued for the duration of the study period or exchange programme respectively.
An exchange visa (for persons under 25 years) will not be granted to conduct work pertaining to an undesirable work as published by the Minister in the gazette, after consultation with the Minister of Trade and Industry.
South African immigration “Experts” are advising any foreigners still in the country with expired visas, awaiting renewals, to remain in South Africa – if they can.

http://flynaija.org/south-africas-new-visa-rules/

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