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Immigration Law

Immigration & Refugee Law refers broadly to national government policies (as contained in Statute) which regulate the immigration of people into a country. This area of law deals with, amongst other things, foreign citizens, the legal status of people (e.g. residence and domicilia) and citizenship.

Do you need a working permit to work in South Africa? Are you allowed to operate a business in South Africa? Do you need help with the Department of Home Affairs?

Do you need guidance on how to obtain a visa, or permits for Temporary Residence or Permanent Residence (Immigration Permits)?

Would you like a qualified Lawyer to assist you with your Immigration Law question today?

Most recent Articles posted

LHR chalks up two important victories

Lawyers for Human Rights (LHR) scored major legal victories in two separate cases on behalf of people who have been fighting for years to continue their lives in SA.

How officials allegedly helped Bushiris revealed

The Home Affairs Department has suspended and taken disciplinary action against its permits section’s staff members found to have allegedly had a direct hand in the fraudulent process and approval of fugitive preacher Shepherd Bushiri’s permanent residence applications, according to a City Press report.

Expats being deprived of SA citizenship rights

The recent judgment by Gauteng High Court (Pretoria) Judge Jody Kollapen that the SA Citizenship Act 88 of 1995 does not deprive South Africans of their citizenship has ‘dealt a blow to potentially tens of thousands of South Africans living abroad, who were stripped of their SA citizenship on becoming citizens of foreign countries’.

Home Affairs dents Atul Gupta's passport bid

Atul Gupta’s audacious bid for a new South African passport while dodging State Capture corruption investigations and criminal charges has been dented by a decisive response from the Department of Home Affairs, says a Daily Maverick report.

Nigerian father loses citizenship bid

The SCA has dismissed Nigerian national Anthony Nwafor’s attempt to set aside the decision to deprive him and his minor children of their citizenship in SA, says a Cape Times report.

Home Affairs trying to escape blame...

‘SA’s immigration and citizenship systems are about to change fundamentally,’ says immigration attorney Gary Eisenberg, founder of Eisenberg & Associates.

Britons fined for entering SA during lockdown

Two British nationals have been fined R50 000 each for illegally entering SA during the lockdown.

Refugees in court after Cape Town scuffle

Home Affairs Minister Aaron Motsoaledi says he and other stakeholders in the stand-off between refugees and authorities in Cape Town have been asked to appear before the parliamentary portfolio committee.

Fees Must Fall activist pleads guilty, gets suspended sentence

Fees Must Fall activist Mcebo Dlamini has been given a suspended sentence following his plea and a sentencing agreement relating to public violence and contravening the provisions of the Immigration Act.

Arrests as Cape Town refugees stand-off goes on

The UN High Commissioner for Refugees (UNHCR) reiterated it will not be able to resettle the large group of refugees involved in a stand-off with Cape Town's Law Enforcement Unit, which is preventing them from sleeping on pavements in the CBD.

Top court victory in citizenship rights challenge

The Constitutional Court has ruled in favour of five applicants, born in SA to foreign parents, who were seeking to apply for citizenship.

Home Affairs finally relents on 'trapped' children

Five American families and the special needs SA children they have legally adopted will finally be able to go home after the Home Affairs Department agreed to issue the necessary documents and passports.

State ordered to fix visa law flaw

The state has been given 24 months to fix laws that require foreign spouses of locals to travel to their home countries to renew visas. The Cape Times reports in a majority judgment, the Constitutional Court ruled that the requirement by Home Affairs was constitutionally invalid.

Landmark order eases way for refugee families

A landmark court order has eliminated administrative barriers for asylum-seeking and refugee families whose dependents may now apply to be documented either through family-joining or on their own terms, says a Cape Times report.

Refugee Centre wants Home Affairs to be held in contempt

The Scalabrini Centre is going back to court to demand that an official be appointed to oversee the reopening of the Cape Town Refugee Reception Office, says a Cape Argus report.

Justice Minister may face extradition conundrum

Although the Kempton Park Magistrate's Court has ruled that former Mozambican Finance Minister Manuel Chang can be extradited to the US, where he is wanted on charges related to a $2bn debt scandal, the ruling effectively constitutes only a recommendation to Justice Minister Michael Masutha, who has the final say.

‘Unconscionable’ Home Affairs lashed in SCA judgment

Eight years of damning judgments about its treatment of immigrants have failed to make the Home Affairs Department mend its ways, the acting President of the SCA said on Friday in dismissing the department's latest attempt to defend its shortcomings.

Gigaba wrong to grant Guptas naturalisation

Malusi Gigaba, former Home Affairs Minister, was 'incorrect' in granting members of the Gupta family early naturalisation, MPs have decided. The National Assembly's Home Affairs Committee did not recommend sanctions against Gigaba but recommended that criminal charges be laid against Gupta lieutenant Ashu Chawla and members of the Gupta family 'relating to false information submitted in their early naturalisation applications', reports News24.

LHR to appeal ‘shocking’ asylum seekers ruling

Lawyers for Human Rights (LHR) has described the decision by the Gauteng High Court (Pretoria) to dismiss an application by eight Somali asylum seekers to review their rejected applications as shocking. The LHR’s Wayne Ncube said the organisation intended to appeal the decision.

ConCourt ruling shows Home Affairs the way

It is hoped that the compassionate approach to immigration – in the unanimous judgment by Constitutional Court Justice Edwin Cameron in Ruta v Minister of Home Affairs – will be adopted by the department, notes legal journalist Ohene Yaw Ampofo-Anti in an examination of the judgment on the GroundUp site.

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