Immigration News
More newsWelcome announcement for foreign nationals in possession of a Zimbabwean or Lesotho Exemption Permit
On 1 December 2023, Dr Aaron Motsoaledi, the Minister of Home Affairs (Minister), announced his decision to grant an exemption to Zimbabwean and Lesotho foreign nationals who are in possession of either a Zimbabwean Exemption Permit (ZEP) or Lesotho Exemption Permit (LEP). This exemption has been granted in terms of section 31(2)(b) of the Immigration Act 13 of 2002 (Act) which empowers the Minister to grant inter alia a category of foreigners the rights of permanent residence for a specified, or unspecified period, upon the existence of special circumstances which would justify such decision.
Revised critical skills list
The Immigration Act 13 of 2002 empowers the Director-General of the Department of Home Affairs to issue a critical skills visa to an individual who is in possession of “ such skills or qualifications determined to be critical for the Republic from time to time ”, subject to meeting all the other requirements for the issuing of the visa. The skills and qualifications determined to be critical are published in a critical skills list issued by the Minister of the Department of Home Affairs (Minister) from time to time. A critical skills visa is issued based on compliance with the critical skills list and allows the holder to work in South Africa within a specific occupation listed on the critical skills list.
South African citizenship is not an automatic right for the children of Non-South African citizens - even if they were born in South Africa!
In the recent decision of Onai Muzore and Another v Minister of Home Affairs and another 4013/2021, the High Court dismissed a review application wherein the applicants challenged the Minister of Home Affairs' (Minister) decision not to confer South African citizenship on their children, who were born in South Africa. In doing so, the court considered how children who were born from Non-South African citizens obtained South African citizenship.