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Law discriminates against poor families!

Industry role players says that certain aspects of the new South African visa legislation could be unconstitutional as it could be excluding the poor and discriminating against families wanting to unite families but are unable to show an income of at least R8500 per month.

 

Does New Law Discriminate Again Poor Families

Some migration experts believe the new law, which prescribes that only applicants should have R8500 a month available as a basic condition before applying for a relatives visa, is also unclear. It is felt that the law could in fact be interpreted to mean that applicants should not have a net income of R8500 but should have R8500 in disposable income – making the conditions of the visa near impossible for ordinary South Africans to meet.

Setting a threshold income is however not unheard of and both the UK and Canada, has similar provisions and set even higher income thresholds.

Spokesperson for the Department of Home Affairs, Mayihlome Tshwete, defended the new requirements by saying that provisions in the law would ensure that poor South Africans are not discriminated against. She said that applicants who do not meet the requirements could apply to be exempted.

“The regulations provide that if you had compelling reasons and did not meet any of the requirements, you could apply for a waiver of any of the requirements,” Tshwete said.

Tshwete continued that families wanting to be re-united would probably be better served applying for most of the other options as this specific visa would not allow the holder to legally work in in the Republic.

She continued that South Africans had other options for uniting their families that did not require proof that income was at least R8 500.

“If one of the parents is a South African, the children may apply for citizenship, and if one of the parents is a permanent resident, the children may apply for permanent residence.”

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