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Heading of Immigration Regulations Corrected

September 17, 2019

Department of Home Affairs

18 September 2019

The home affairs department has issued a correction notice on the First Amendment of the Immigration Regulations.

The amended regulations were published at the end of 2018 in terms of the Immigration Act.

A definition on birth certificate was inserted into the regulations.

It “means any birth record of a child issued by the relevant authority indicating the full names, surname and the date of birth, including the names and surname(s) of the parent(s) of such a child.”

Amendments included a new regulation on permanent homosexual or heterosexual relationship.

A new sub-regulation 12(A) and (B) was inserted into regulation 6.

12A stipulates that where a child presents a passport which contains detail on his or her parent or parents, an immigration officer shall not require such child to produce a birth certificate.

Amendments were also introduced to Regulation 11 dealing with work conducted for a foreign employer pursuant to a contract which partially requires conducting of certain listed activities in South Africa.

A new regulation 14 on business visa was added to the regulations. It outlines what needs to accompany an application for a business visa by a foreigner who intends to set up or invest in a business in South Africa.

Changes were also introduced to Regulation 18 on an application for a general work visa, Regulation 20 on an application for a corporate visa, Regulation 23 on permanent residence and Regulation 24 on residence on other grounds.

In Government Gazette 42697, the department announced that the heading “DRAFT FIRST AMENDMENT OF THE IMMIGRATION REGULATIONS, 2014 MADE UNDER THE IMMIGRATION ACT” on page 4 has been changed to “FIRST AMENDMENT OF THE IMMIGRATION REGULATIONS, 2014 MADE UNDER THE IMMIGRATION ACT”.

The removal of reference to “draft” in the heading was necessary as the amended regulations came into effect on 1 December 2018.