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A letter to the PRESS concerning Directive 9

by Robbie Ragless

Immigration Directive NO 9 Of 2014

To all members of the South African Press,

Home Affairs , Deputy Director General  IMS, JW MCKAY over the weekend issued immigration Directive No 9 of 2014 which interalia covers the following : 

Implementation of Amended Immigration Act and Regulations which has not been published on Home Affairs Website and is effective immediately and has the following impact: 

•    Any foreign applicant that leaves South Africa on a receipt of pending application that has not been finalized and whos current visa has expired will be declared undesirable and will not be able to re-enter South Africa for a period of 12 months to 5 years depending if they overstay for less than 30 days or more , which effectively means that all regular tourists who leave South Africa whilst awaiting outcome of their permit application will not be able to return. Previously, because Home Affairs was talking so long to approve applications, foreigners could leave and enter without issue.

All employers and business people will not be able to return to manage their  business interests and lastly all retirees with homes in South Africa will not be able to return all due to the inefficiencies of the Home Affairs systems. Home Affairs are currently taking between 2-4 months to approve an application. 

•    All parents travelling with children will from effect 1 July 2014 be required to present an unabridged birth certificate for all minors travelling with them   

Confusion surrounds New Immigration Rules for South Africa coming into effect – 26th May 2104 On 22 May 2014 we received news that the Government Gazette for the new immigration rules for South Africa was published and was coming into effect on 26th May 2014. 

The gazette detailing the new rules was published on the 22nd May 2014 and was apparently signed off on 16th May 2014. 

On checking with the Department of Home Affairs on Friday past much confusion reigned in terms of implementation dates because Home Affairs offices and ports of airport polled indicate that there has been a lack of communication to offices from head office and the view for this week is business as usual. 

On checking Home Affair website ,it is silent in this regard. We encourage all affected persons to consult their respective practitioners before travel.

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