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Areas of Law and Guides

Visa problems? Temporary residence problems? Questions relating to immigration into South Africa? Would you like a qualified Lawyer to assist you with your Immigration Law question today?

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

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.


Home Affairs facing class action over birth certificates

Haunted by the knowledge that their children’s futures are slipping away as a result of Home Affairs officials’ refusal to issue them with birth certificates – a group of SA parents has filed a class action against the department. A Daily Dispatch report says the main aim of the legal action – led by lead counsel Lilla Crouse SC – is to stop officials from demanding DNA tests that cost thousands of rands before children are issued with a birth certificate.


ConCourt mulls Refugees Act provisions

The Constitutional Court’s interpretation of the Refugees Act has serious implications for all asylum seekers who do not present themselves at refugee reception offices on entering SA, according to Lawyers for Human Rights (LHR). Business Day says LHR attorneys argued in the Constitutional Court yesterday that a Rwandan asylum seeker – who was allegedly sent to SA to eliminate exiled opponents of the country’s President – should have his asylum application considered.


Home Affairs faces suit over child's rejected visa

Home Affairs is facing a legal challenge by the Legal Resource Centre for declaring a visa application by a Zimbabwean child fraudulent and banning him for five years from returning to SA. As a result, Wadzanai Bello has been separated from her 16-year-old son, Tinashe Bello, since March, reports GroundUp. He has missed a year of schooling.


ConCourt asked to hear spousal visa case

Should foreigners who marry in SA before the expiry of their three-month visitor visas be allowed to regularise their stay? In papers filed at the Constitutional Court, Home Affairs bluntly says ‘no’ and maintains that allowing this would lead to an abuse of immigration laws on a ‘drastic scale’, The Star reports.





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