Statement on Cabinet decision on the immigration amendment acts and regulations
23 October 2015
The Department of Home Affairs has welcomed Cabinet’s decision regarding the recommendations of the Inter-Ministerial Committee the President had established in August 2015 to look at the unintended consequences and mitigating factors relating to the implementation of the Immigration Amendment Acts (2007 and 2011) and Immigration Regulations, 2014. The law, as amended, will remain with adjustments to be made in implementation, to make it easier for people to comply.
In terms of the decision, on the requirement for travellers to apply for visas in person, in countries where there is no SA mission, the Department of Home Affairs will receive applications, including by post, and capture biometrics of travellers on arrival at ports of entry. To address concerns around the geographical spread of countries like China, India and Russia, certain measures will be put in place to ease the process of application, in particular for tourists.
With regard to the travelling of children Cabinet approved four processes. Child-travel requirements for outbound travelling will stay, including proof of parental relations through unabridged birth certificates, and, as necessary, parental consent.
In respect of inbound travel where visas are required, it will still be required that original birth certificates and, as necessary, parental consent or certified copies are submitted during the visa application process. Requirements regarding unaccompanied minors will remain, like providing copies of the identity document or valid passport and visa or permanent residence permit of the person who is to receive an unaccompanied minor.
For visa-exempt countries a strong advisory will be issued, with travellers advised to have proof of relationship and consent from the absent parent/s or guardian/s, in case they are asked to provide such on arrival. Cabinet has mandated DHA to put in place the necessary legal instruments to give effect to this decision. The status quo will remain until such time the DHA has provided a legal instrument for this category of travellers. In the meantime travellers are encouraged to comply.
The decision to retain the IMC on Immigration Regulation will greatly assist in dealing with whatever difficulty might arise as a result of the implementation of its recommendations until such time that the main decisions have been implemented.
In order to implement Cabinet decisions on this matter, the Department will do the following:
In the next three months,
Implement the capturing of biometrics at ports of entry starting with a pilot at OR Tambo, King Shaka and Cape Town airports,
Look at introducing an Accredited Tourism Company Programme for countries like China, India and Russia,
Consider a long-term Multiple Entry Visa for a period exceeding 3 months and up to 3 years for frequent travellers (for business meetings), business people and academics,
Principals will issue letters confirming permission for children to travel on school tours,
Extend the validity of the parental consent affidavit to 6 months.
Within a year,
Add visa facilitation centres, including in Zimbabwe, United Arab Emirates and Botswana,
Consider a visa-waiver for India, China, Russia and other countries,
Look at issuing visas on arrival for persons travelling to SA having in their passports valid visas for the UK, USA and Canada or any other country that applies stringent checks on visitors to their countries, to ease travel for tourists,
Consider granting a certain category of frequent travellers (business and academics) from Africa a 10 year Multiple Entry Visitor’s Visa,
Open two Business Visa Facilitation Centres in Durban and Port Elizabeth, in addition to the centre recently opened in Sandton,
Print parents’ details in their passports so that they do not have to carry birth certificates.
In the long term, one year and beyond,
Install systems for pre-flight checks at international airports,
Upgrade Advance Passenger Processing systems and implement Passenger Name Record, to enhance risk assessment,
Finalise automation of the visa and permitting system
These measures will ensure the balance between national security and economic interests of the country. Child safety will not be compromised.
Statement issued by Mayihlome Tshwete, Department of Home Affairs, 23 October 2015
Extract from the cabinet statement:
5.9. Cabinet was briefed on the progress on the Inter- ministerial committee on Immigration Regulations which was led by the Deputy President.
The President had set up this IMC so as to investigate the unintended consequences that were raised by the stakeholders in the tourism sector.
Having investigated and explored areas that can be adjusted to deal with both the security consideration and the unintended consequences the IMC made the following recommendations.
Application in person:
Concessions that will take effect within the next 3months.
Countries where no South African missions exist, the Department of Home Affairs (DHA) will accept applications sent by post.
Thereafter, the biometrics and photos of those travellers will be captured on arrival at ports of entry. This concession will only be applicable to visitors/medical Visa.
The DHA will implement the biometrics (including fingerprints and photos) at ports of entry starting. The pilot sites will be at OR Tambo Airport; King Shaka Airport and Cape Town International Airport.
DHA will introduce an Accredited Tourism Company (ATC) Programme for China, India and Russia with possible extension to other visa requiring countries.
DHA will continue to issue a long-term Multiple Entry Visa to frequent travellers. This will be valid for a period exceeding 3 months but not exceeding 3 years.
Concessions that will be effective within 3 months to 1 year.
DHA will increase Visa Facilitation Centres (VHC) in China, India, United Kingdom, Nigeria Democratic Republic of Congo, Angola, Ghana, Kenya and Uganda. The DHA will fast-track the opening of VFC in Zimbabwe, UAE and Botswana.
Concessions that will be effected beyond one year.
The DHA will install systems for pre-flight checks (including operation-centres) at international airports.
The DHA will upgrade Advance Passenger Processing (APP) systems and implement a Passenger Name Record (PNR) to enhance risk assessment.
The DHA will finalise the automation of the visa and permitting system.
Child-travel requirements: South African children:
In respect of South African children (outbound travel) the IMC accepted the implementation of the current child-travel requirements, including the parental consent affidavits as these seek to protect children.
Concessions to be effective within the next 3 months.
School principals will issue letters confirming the permission for children to travel on school tours. This authority will also be extended to include registered sports bodies.
The validity of the Parental Consent Affidavit will be extended to a period no longer than 6 months.
Concessions to be effective within the next 3 months to a year.
The term “Unabridged Birth Certificate” will be changed to “Birth Certificate containing parental details”
Details of parents will be printed in passports, so that parents whose particulars are printed would therefore not be required to carry birth certificates.
Child-travel requirements: foreign children.
In respect of inbound travellers, the IMC took the position that where visas are required, provision of original birth certificates or certified copies of required documents should continue during the visa application process as this is in line with practise in many other countries.
In respect of children from visa-exempt countries, the IMC recommended a dispensation in terms of which:
Travellers will be strongly advised to bring along proof of the relation and consent from the absent parent/s or guardian/s
All the other administrative issues affecting the relevant departments will be resolved through inter-departmental engagements.
Cabinet endorsed these recommendations and believes these will address the unintended consequences that were raised and also the safety of the children will not in any way be compromised.
Cabinet further endorsed that the DHA should facilitate the legal instrument to implement the recommendations. It further mandated all the relevant departments to engage with their relevant stakeholders to present these approved recommendations.
Cabinet extended the life of the IMC in order to be able to deal with any issues that may arise whilst implementing the Cabinet decision.
Issued by Cabinet, 23 October 2015
