For example:
1.
2.
relatives visa – a relatives visa may be
issued to a child of a South African citizen or
permanent resident; or
permanent residence permit – a permanent
residence permit may be issued to a child of
a South African citizen or permanent resident.
Some children may also qualify for a study visa
if they have received an offer of acceptance to a
school or learning institution in South Africa.
4.
Process:
1.
2.
While these options exist, in reality, there are
several barriers for undocumented children to
obtain immigration status under the Immigration
Act; including the following:
1.
2.
3.
4.
a passport is a requirement for a visa
application;
it is compulsory to submit certain applications
in the country of origin or citizenship, and it
may be impossible for the child to travel to
the country;
the application process can be costly due
to administration fees, and the cost of
acquiring supporting documentation like
police clearances or medical and radiological
reports; and
the parents or legal guardians must also
provide financial assurances or proof of
financial means, which renders the process
inaccessible to poor families.
There is currently no specific provision in the
Immigration Act that caters to children who
cannot apply under a parent or legal guardian
(e.g. unaccompanied or separated migrant
children) except for Sec 31(2)(b) of the Immigration
Act.
apply for a waiver of prescribed requirements
that the applicant cannot meet; and
application fee of R1 550
3.
4.
conduct consultation and draft comprehensive
motivation for the exemption, including the life
story of the child and highlight the “special
circumstances”;
compile relevant supporting documents e.g.,
•
any birth records if available (baptismal
certificate, clinic cards, immunization
cards);
•
school records (e.g., CEMIS report from
the provincial Department of Education
or a letter from the school principal
confirming attendance from Grade X –
Grade Y);
•
any
parents/family
members
documentation if available; and
•
other helpful documents include;
baptismal
certificate,
testimonials
from teachers/community leaders/
relatives, school reports and attendance
registers);
complete online application form through the
Visa Facilitation Centre (VFS) website and pay
the application fee of R 1 550 to schedule an
appointment online and once the application
is submitted, a reference number will be issued
and can be used to track the application on
the VFS website (https://www.vfsglobal.com/
dha/southafrica/prp-exemptions.html); or
alternatively, compile all the available
documents and refer the case to a lawyer.
If successful, the child will be granted permanent
residence status and issued a permanent residence
status. However, it is worth noting that this process
also has its limitations:
Requirements:
1.
2.
3.
must be able to prove “special circumstances”,
e.g., no other pathway to documentation
and risk of statelessness (must include
comprehensive motivation for the exemption);
must provide any other information that would
assist the Minister in making an informed
decision when considering an exemption;
typically, applications for permits or visas
under the Immigration Act require a passport
– this is something an undocumented child will
not have, but the DHA Form 48 permits you to
1.
2.
3.
it is fairly complex and requires legal expertise;
it can be costly due to administration
fees, and the cost of acquiring supporting
documentation like police clearances or
medical and radiological reports; and
it is a lengthy process and uncertain process
as it depends entirely on the discretion of the
Minister.
What is the difference between permanent
residence and citizenship?
Permanent residents have most of the same rights
www.lhr.org.za
www.savethechildren.org.za
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