2.
immigration status: Raquelle can apply for
permanent residence by an exemption – this
is a measure of last resort because she has
no claim to South African citizenship and
does not have an asylum claim. Raquelle
needs to submit an application to the DHA
with the following supporting documents:
•
•
•
•
•
•
3.
affidavit or statement of facts
highlighting “special circumstances” these can include the fact that she is
a vulnerable orphaned child, she has
no other pathways to documentation
or legal status in South Africa (risk of
statelessness), and it would not be in
her best interest to repatriate her to
Mozambique as she has no family or
support there and considers South
Africa her home;
birth certificate (if available);
parents’ documentation (if available);
proof of living in South Africa can
include but not be limited to; school
records (e.g. CEMIS report from the
provincial Department of Education);
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 apply for a waiver of prescribed
requirements that the applicant
cannot meet; and
complete online application form
through the Visa Facilitation Centre
(VFS) website and pay the application
fee of R 1 350 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);
and
Children’s Court processes: if there are
any issues encountered during the process,
remember that the child also protected by
the Children’s Court and can be approached
for an order in terms of Sec 45 or Sec 46
of the Children’s Act if the DHA refuses
to assist with the permanent residence
application.