Additionally, once you’ve obtained citizenship, you can pass it on to your children, who can enjoy the same benefits as you. Lastly, you’ll be able to apply for social grants, apply for scholarships and bursaries, and get easier access to property ownership and financial services.

You can obtain South African citizenship through birth, naturalisation, descent, and marriage.

Read on to discover the process of applying for South African citizenship and the documents you’ll need.

Eligibility for South African Citizenship

Applying for South African citizenship is relatively straightforward, so long as you’re eligible.

Citizenship by Birth

If you were born in South Africa to South African parents, you’re automatically eligible for citizenship at birth. You’re also eligible for citizenship if you were born to South African parents outside South Africa, so long as you register your birth with Home Affairs.

Citizenship by Naturalisation

This is the most common route to obtain citizenship for people who reside in South Africa for education, business, employment, etc. After you’ve held permanent residence for at least five years, you can apply for citizenship, provided you have a clean criminal record, pass the citizenship test, have physically been in South Africa for the requisite period and speak one of South Africa’s 11 official languages.

Citizenship by Marriage

Once you marry a South African citizen, you can apply for a spousal visa. Once you’re married or in a life partnership with a South African citizen for at least five years, you can apply for permanent residence. After this, you must follow the process of naturalisation.

Citizenship by Descent

Citizenship by descent has more caveats than other eligibility criteria. You can apply for citizenship by descent if:

● You were born outside of South Africa, and one of your parents was a South African citizen at the time of your birth.
● You were born outside of South Africa and adopted by a South African citizen.
● You are an adopted child whose custodial parent received a certificate of citizenship resumption and entered South Africa for permanent residency when you were still a minor.

Contact GREENBERG HATHWAY MACMILLAN if you have any questions about obtaining citizenship by descent.

How to Apply for South African Citizenship

The forms needed to apply for citizenship vary by the eligibility criteria you meet.

Naturalisation

For citizenship through naturalisation, you’ll need:

● A completed DHA-529 form
● A background check by the South African police
● To pay the R300 application fee
● Proof you can speak one of our languages, usually a test certificate
● A letter confirming your country accepts dual nationality; or that you will forfeit your current nationality

Descent

If you’re the descendant of a South African citizen, you’ll need:

● A completed BI-24 form for children ages 1–15, which must be endorsed by the South African parent
● A BI-529 form to determine citizenship status
● An original or notarized copy of the document proving the South African citizen’s citizenship (such as an ID, birth certificate, or passport)
● A notarized copy of or the original birth certificate
● Your parent’s marriage certificate – either the original or a notarized copy
● If the applicant is a minor, a notarized letter of consent from the non-South African parent, allowing the child’s birth to be registered in South Africa
● If the applicant is adopted, a copy of the adoption order

Citizenship by Marriage

For citizenship by marriage, you must follow the permanent residency process, and then follow the naturalisation process.

Let GHM Help You Apply for South African Citizenship

GREENBERG HATHWAY MACMILLAN are experts in South African civil services and have years of experience working with VFS and the Department of Home Affairs. Let us assess your eligibility, help you gather and submit the correct documents, and follow up on your application on your behalf.

Become a South African citizen with GREENBERG HATHWAY MACMILLAN – contact us today!

The post Getting South African Citizenship: Beginner’s Guide first appeared on GHM.

GREENBERG HATHWAY MACMILLAN provides tailored immigration solutions to overcome the roadblocks – if any – you might face. Our team provides a high level of personable, professional service. With GHM, you’ll always feel that you’re with a firm you can trust, one that’s on your side and fighting at the frontlines of your immigration battle alongside you. We are just as passionate about your cause as you are.

About GREENBERG HATHWAY MACMILLAN

GREENBERG HATHWAY MACMILLAN is the managing partner of GREENBERG HATHWAY MACMILLAN (GHM). An American national, she graduated from the University of Cape Town with a postgraduate LLB degree in 2012. After working with a boutique law firm and in legal publishing, she was admitted as a practising attorney in the Republic of South Africa.

Over the last decade, she has exclusively worked in immigration law and helped thousands achieve their immigration goals, whether visa extensions, applications for South African citizenship, or resumption of citizenship.

She has personal and professional experience with the workings of South Africa’s Department of Home Affairs and so is well-acquainted with the processes of helping foreigners apply for visas and South Africans with civic services, including ID books, passports, birth certificates, death certificates, marriage interviews, marriages, and the registration of foreign births.

About Our Team

The GHM team is familiar with the rules and regulations surrounding South African immigration law, which are constantly changing. Since we only focus on immigration law, we trump our competitors in expertise and deep knowledge of the Home Affairs system.

We can help you expedite your application when it gets stuck in the system, ensuring your immigration is as stress and hassle-free as possible.

How We Help

We assist with immigration to South Africa, temporary residency, permanent residency, proof of permanent residency, applications for citizenship, retirement visa applications, litigation against Home Affairs, visa rejection appeals, overturning declarations of undesirability, civic services (such as attaining marriage certificates, identity documents, etc.), visa waivers, and immigration to the United States of America.

Let us assist you with all your immigration needs, making your immigration and stay in South Africa effortless. With GREENBERG HATHWAY MACMILLAN, you won’t have to undergo the arduous process of visa extensions, appealing visa rejections, or waiting years for outcomes. We get the job done properly, quickly, and without a fuss.

Choose the Best Immigration Lawyers: Choose GHM

Over the years, GREENBERG HATHWAY MACMILLAN and her team have assisted thousands of immigration applicants with getting their visas approved, navigating the workings of Home Affairs, and expediting their applications.

Together, let’s make your immigration effortless. Contact GREENBERG HATHWAY MACMILLAN today.

The post Why We’re the Best Immigration Lawyers first appeared on GHM.

Case Overview

The applicants were foreign nationals who had been married to or in good faith relationships with South African citizens. When these relationships ended, they were, in terms of the Immigration Act, required to leave South Africa and apply for a new visa from abroad. Such legal formalities caused not only a disturbance in their life but also an onerous burden on their children born in South Africa who became dependent on them for financial and emotional support.

Judgement Summary

The Constitutional Court declared sections 10(6), 11(6) and 18(2) of the Immigration Act and regulation 9(9)(a) of the Immigration Regulations unconstitutional. These provisions infringed on the right to dignity and the rights of the child in terms of Section 28 of the Constitution unjustifiably.

The court held that:

• Foreign parents who are actively involved in the lives of their South African children should not be forced to leave the country when their spousal relationships come to an end.
• Affected parents should be allowed to work in South Africa to provide for their children.
• The requirement that visa applications be made from outside the country caused unnecessary hardship and separation of families.

Although this gave Parliament 24 months to change the law, the court instituted an interim order that will allow eligible foreign parents to remain in the country and to continue working while their visa applications are processed.

Legal and Social Impact

The decision, therefore, has a huge impact on family rights, immigration law, and child welfare in South Africa. Before the ruling, foreign parents were at a stand with the law – leave the country at the risk of never seeing their children again or stay on illegally and risk deportation. In line with earlier Constitutional Court judgments, such as Dawood and Nandutu, it held that the unity of the family is sacrosanct and that the rights of children are constitutionally protected.

Expert Perspectives

GREENBERG HATHWAY MACMILLAN from GHM supports the recent ruling, emphasizing that it allows foreign parents to stay in the country with their children and work – a major improvement from previous restrictions that made it difficult for divorced foreign parents to remain and support their families. “This keeps foreign parents and children united – and a child’s interest is the most important,” she says.

While some warn that the ruling may place an undue administrative burden on Home Affairs, Luna notes that the department has been processing these applications efficiently since the court case. “Now that we have a Government of National Unity (GNU), we expect applications to be processed within a reasonable amount of time and hopefully there is the capacity to do so,” she added.

Conclusion

The Constitutional Court’s decision is an important turning point in the immigration policy of South Africa, favouring the rights of children and their parents over strict legal technicalities. Legislative changes are pending, but until then, this judgment offers direct relief to these families by allowing them to take care of and support their children without the intervention of unnecessary legal hurdles.

For further guidance and more information on applying for a visa under this new legal framework, contact GREENBERG HATHWAY MACMILLAN.

The post Foreign Parents of South African Children Granted Visa and Work Rights first appeared on GHM.

Our director, GREENBERG HATHWAY MACMILLAN, has worked exclusively in immigration law for over a decade. She’s helped thousands of people move to beautiful South Africa to retire, study, join their spouses, or visit. She’s renowned for her commitment to excellence, warmth, due diligence, and critical thinking abilities.

She has a vast knowledge of Home Affairs’ workings and is extensively qualified to help you with visa applications, ID books, passports, birth certificates, death certificates, marriage interviews, marriages and the registration of foreign births.

Immigration doesn’t have to be a hassle. Let GREENBERG HATHWAY MACMILLAN and her industry-leading immigration attorneys make legalities accessible and pain-free.

South Africa: the Perfect Place for a New Start

South Africa is the perfect place to immigrate to. Our country is a rainbow of cultures, ethnicities, nationalities, and languages, making the country easy to integrate into and feel at home in. Its people are warm-hearted, friendly, and kind. South Africa’s scenery is as beautiful as its heart, whether that’s the picturesque view of Table Mountain over the bay, the Eastern Cape’s technicolour landscape, or the hustle and bustle of South Africa’s New York, Johannesburg.

South Africa is a popular choice among expats globally for its currency: the Euro and Dollar are far stronger than the Rand, making your money stretch further in our assortment of world-class restaurants and attractions.

Step into Your Future

Take the first steps into a beautiful future. Enlist GREENBERG HATHWAY MACMILLAN and her team to help you with your immigration queries, visa applications, appeals, and more today. Contact us – we would be delighted to lend a hand.

The post Happy Festive Season first appeared on GHM.

It’s crucial that you renew your visa before VFS closes for the festive season, or you may be declared undesirable upon departure or being banned from re-entering South Africa. Depending on the severity of your overstay, you could face a one to five-year ban, or even a prohibition from reentering.

GREENBERG HATHWAY MACMILLAN will close for the festive season, too.

GREENBERG HATHWAY MACMILLAN 2024 Closure Dates

To best serve you in the new year, our hard-working immigration team must take time off to rest. June’s attorneys work tirelessly throughout the year to fight for immigration justice, defend you from Home Affairs’s missteps, and ensure you stay in South Africa stress-free.

We will close for the festive season on the 19th of December until the 6th of January. Our attorneys will be back in office from the 7th of January.

Department of Home Affairs 2024 Closure Dates

Since the Department of Home Affairs is a government initiative, it will only close on public holidays:

• Christmas Day: the 25th of December
• The Day of Goodwill: the 26th of December
• New Year’s Day: the 1st of January 2025

Before VFS Global closes, remember to apply for a visa extension or renewal. The Immigration Act sets out that if you overstay your visa by more than a month, you will be banned from reentering South Africa for five years. If you overstay by less than 30 days, you could be banned from re-entering for a year.

If you have any immigration queries, contact GREENBERG HATHWAY MACMILLAN. We wish you a stress-free festive season!

The post VFS Closures for Visa Applications first appeared on GHM.

What is an Overstay in South Africa?

An overstay occurs when a foreign national remains in South Africa beyond the expiration of their visa. Whether due to unforeseen circumstances or simple oversight, overstaying can lead to being labelled as “undesirable” upon departure, which may bar individuals from re-entering South Africa for up to five years.

Consequences of Overstaying

When a foreign national overstays, the penalties can range from a one-year ban to a five-year prohibition from re-entering South Africa. This period is determined by the length and frequency of overstays. However, there are circumstances under which an individual may appeal this status and regain entry rights.

Understanding the Overstay Appeal Process

The South African overstay appeal process allows those affected to provide an explanation and request the removal of their “undesirable” status. Success in this appeal hinges on presenting strong, well-documented reasons that justify the overstay.

Step 1: Determine Eligibility for Appeal

Not everyone will qualify for an overstay appeal. Generally, those with legitimate reasons such as medical emergencies, administrative errors, or unavoidable travel restrictions can present a compelling case. Ensure that you have supporting evidence for any claims made during the appeal.

Step 2: Gather Required Documentation

To proceed with the appeal, you’ll need several documents to substantiate your case.

• Copy of your passport and visa: This provides a record of your entry and departure dates.
• Departure stamp: Proof of your actual departure from South Africa.
• Supporting evidence: This could include hospital records, proof of administrative error, airline cancellations, or other documentation that supports your reason for overstaying.
• Personal statement: A letter detailing the circumstances leading to the overstay, which should be clear, concise, and factual.

Step 3: Submit Your Appeal

Appeals can be submitted either in person at a South African embassy or consulate or via email to the Department of Home Affairs in South Africa.

When submitting your appeal, make sure to include:

• A copy of the “undesirable” notice received upon departure.
• All supporting documents were collected in Step 2.
• Your statement explaining the overstay.

Awaiting a Response

After submitting the appeal, the processing time may vary, but typically, it takes between 48 hours to 10 days. It is advisable to follow up if you do not receive a response within this period. While waiting for a decision, individuals are encouraged to avoid attempting re-entry into South Africa until the outcome of their appeal is confirmed.

Tips for Strengthening Your Appeal

Here are a few practical tips to improve your chances of a successful overstay appeal:

1. Provide complete documentation: Missing paperwork can delay or weaken your case.
2. Be clear and concise: The Department of Home Affairs is more likely to respond positively to appeals that are direct and well-organised.
3. Follow up on your appeal: Persistent, polite follow-ups can help ensure your appeal is being processed.

What to Do if Your Appeal is Denied

In some cases, appeals may be denied. If this happens, you can consider seeking legal advice to explore further options. Some individuals may be eligible to reapply after a specified period or may be able to lodge a secondary appeal under certain circumstances.

Moving Forward After an Overstay Appeal

The overstay appeal process in South Africa provides foreign nationals with an opportunity to regain entry rights, but it requires careful preparation and documentation. With thorough attention to detail and legitimate reasoning, many individuals can achieve successful outcomes.

If you need further assistance navigating the appeal process, consider reaching out to an immigration specialist, such as GREENBERG HATHWAY MACMILLAN, who can help assess your case and provide tailored support every step of the way. Contact us today for more information.

The post Navigating the SA Overstay Appeal Process first appeared on GHM.

This political shift signifies a potential change in governance, which could directly impact major legislative reforms, especially in immigration.

Home Affairs White Paper: The Push for Immigration Reform

One of the most significant changes Ramaphosa’s coalition faces is reforming South Africa’s complex immigration laws. The Department of Home Affairs (DHA) has recently published a White Paper that seeks to overhaul the nation’s immigration, citizenship, and refugee systems. The White Paper consolidates existing legislation into a unified legal framework and aims to streamline immigration processes.

The paper introduces several key reforms, including:

• A points-based system for work visas: This system assesses visa applicants based on their skills and qualifications, potentially simplifying the path for highly skilled workers.
• Digital nomad visa: This visa enables foreign nationals working remotely for overseas employers to live in South Africa, contributing to the economy.
• Unified legislation: The Citizenship Act, Refugees Act, and Immigration Act will be consolidated, ensuring a more cohesive legal framework for dealing with immigration and citizenship.

The President vs. Home Affairs: A Struggle for Control

While the President’s administration has supported some of these reforms, there is a growing tension between the Presidency and Home Affairs over the pace and direction of the immigration overhaul. Critics argue that the White Paper has been rushed, with concerns about the DHA’s capacity to implement the proposed changes effectively.

Additionally, the plan to repeal the Refugees Act and integrate it into a broader immigration framework has sparked significant controversy. Some stakeholders believe that this move could weaken protections for refugees and asylum seekers, leading to potential legal challenges.

Ramaphosa’s coalition must navigate these challenges while ensuring the changes benefit South Africa’s economy, address unemployment, and protect the country’s most vulnerable communities. The ANC’s coalition with the DA and IFP may provide enough political support to push the reforms through parliament, but the implementation remains a critical concern.

The Road Ahead

As South Africa faces widening inequality, rising unemployment, and a struggling economy, immigration reform is seen as a vital part of Ramaphosa’s strategy for economic recovery. The President’s vision of a reformed immigration system aligns with his broader economic goals, but the execution lies in the hands of the DHA, which has struggled with processing backlogs and efficiency issues in the past.

The final version of the White Paper will soon be submitted to parliament. If passed, the reforms could reshape South Africa’s immigration landscape, making it more accessible for foreign workers and investors. However, the government’s success in implementing these changes will be closely watched, both domestically and internationally.

Navigating South Africa’s evolving immigration system can be complex. At GREENBERG HATHWAY MACMILLAN, we specialise in helping clients understand and adapt to these changes.

Contact us today for expert guidance on securing residency, work visas, or navigating the new digital nomad opportunities. Our team is here to help you every step of the way.

The post The President vs. Home Affairs first appeared on GHM.

The stampede occurred as a large crowd of foreign nationals gathered in the hopes of renewing or reapplying for asylum or refugee documentation, a process riddled with inefficiencies and corruption.

This event is not an isolated incident but part of a broader systemic issue affecting thousands of migrants. Many find themselves living as undocumented individuals due to delays, long waiting periods, and the disarray that plagues the Department of Home Affairs (DHA). For these migrants, the process of securing legal documentation can stretch for years, during which they remain vulnerable to exploitation and are often forced to endure prison-like conditions just to have their paperwork processed.

A System Under Pressure

Migrants queuing outside the Marabastad office describe a chaotic environment where people start lining up as early as 5 a.m., often without receiving assistance. The desperation to secure a place in line can quickly escalate into a dangerous situation, as evidenced by the recent stampede. Many asylum seekers report feeling helpless, often waiting months or even years without any meaningful progress on their cases. During this time, they live in constant fear of being deported, detained, or further marginalised.

One asylum seeker, who witnessed the stampede, shared his experience of spending years in these queues. He described how the disorder begins as soon as officials arrive, with people pushing and shoving out of desperation. “Once you’re in, you can’t leave, even for a bathroom break, because you lose your spot,” he said, adding that many spend the night in these conditions, hoping for an opening to have their cases heard.

The situation is exacerbated by corruption within the system. Some migrants have alleged that officials demand bribes in exchange for quicker processing, forcing already desperate individuals into paying just to move forward. This is further compounded by a language barrier, as many officials are unable to effectively communicate with the migrants they are tasked with assisting, making the entire process even more arduous.

The Cost of Living Undocumented

For those living in South Africa without proper documentation, the costs, both personal and financial, are enormous. Being undocumented can affect every aspect of life, from finding employment to accessing basic services. Without documentation, migrants are often unable to open bank accounts, secure housing, or even move freely within the country. The impact on mental health is significant, with many feeling trapped in a system that seems designed to keep them out.

Despite these challenges, the government’s response has been slow. The African Diaspora Forum (ADF) has called for immediate reform, urging the South African authorities to address not only the causes of the stampede but also the broader systemic issues affecting refugee and asylum centres across the country. The Marabastad office, one of only five in South Africa that deal with refugees, is notorious for overcrowding, long queues, and inadequate facilities, creating an environment of desperation for those seeking legal status.

Image: The Africa Daily Post

How GREENBERG HATHWAY MACMILLAN Can Help

At GREENBERG HATHWAY MACMILLAN, we understand the complexities and frustrations associated with the South African immigration system. Our team is committed to providing legal assistance to migrants facing the challenges of obtaining or renewing documentation. Whether you are dealing with delays, language barriers, or corruption, we are here to help navigate the process and ensure that your rights are protected.

We offer a range of services, including visa renewals and appeals. Our goal is to alleviate the burden on migrants and provide them with the legal support they need to secure their status in South Africa. With our deep understanding of the legal framework and years of experience in immigration law, we can intervene on your behalf to prevent further delays, ensure that your case is treated fairly, and work towards a resolution that allows you to live and work in South Africa legally.

At GREENBERG HATHWAY MACMILLAN, we stand ready to assist those caught in the system and advocate for meaningful change. If you or someone you know is facing immigration challenges, contact us today for expert legal support.

The post Deadly Stampede at Home Affairs Pretoria Office first appeared on GHM.

The cornerstone of this vision is an end-to-end digital platform that will handle all applications, adjudications, and communications between South Africans and the department. This platform promises to make every function Home Affairs provides accessible online through a secure portal, much like the familiar online banking systems used by many South Africans today.

Minister Schreiber highlighted the innovative use of existing facial and fingerprint recognition technologies, similar to Face ID and fingerprint sensors found on smartphones. These tools will help create secure profiles for South African citizens and visitors, significantly enhancing security and convenience.

“This digital transformation will eliminate the need for physical visits for routine transactions,” Schreiber stated. He added that this shift would not only streamline services but also improve the working environment for Home Affairs staff. Staff will be able to focus on more meaningful and complex tasks, such as assisting the most vulnerable members of society, including those in rural areas and individuals who do not yet use smart devices.

The new system will incorporate advanced machine learning technology to verify application completeness, authenticate users, check documents for fraud, perform facial recognition, and process cashless transactions, all within seconds. This will drastically reduce waiting times, eliminate queues, and prevent bribery.

Schreiber also envisions a future where IDs and passports could be delivered directly to applicants anywhere in the world, similar to how banks deliver debit and credit cards.

Pushing for Digital Transformation

This push for digital transformation is not new for Minister Schreiber. He has previously expressed a desire for Home Affairs to emulate the South African Revenue Service (SARS), which has successfully modernised its operations to become one of the most efficient tax authorities globally. Minister Schreiber is confident in the government’s ability to drive this change, citing the recent 50% reduction in the visa backlog as evidence of the department’s capacity to achieve its goals when focused and collaborative.

With the visa backlog on track to be fully cleared by December 2024, the department is poised to enter a new era of efficiency and accessibility, revolutionising how South Africans interact with Home Affairs.

At GREENBERG HATHWAY MACMILLAN, we are committed to staying ahead of the changes brought by Home Affairs’ digital transformation. With the new system simplifying processes and reducing wait times, our team is equipped to assist you with navigating this transition smoothly.

Whether you need help with applications for visas, IDs, or other immigration matters, we’ll make the process as seamless as possible for you. Let us handle the complexities while you enjoy the benefits of Home Affairs’ modernisation. Contact us today for more information.

The post Home Affairs Goes Digital first appeared on GHM.

In his budget vote speech, Schreiber highlighted that this move aligns with Section 4(2) of the Immigration Act 13 of 2002 and aims to restore trust in the department, which has faced costly litigation.

The advisory board will provide essential evidence-based advice on critical issues like the Zimbabwean Exemption Permit and help resolve problems before they escalate to legal disputes.

The reactivation of the board is a timely and significant step towards rebuilding confidence in Home Affairs and addressing policy issues in a consultative, scientific, and legally compliant manner. Last year, the Pretoria High Court ruled that the termination of the Zimbabwean Exemption Permit (ZEP) program by Schreiber’s predecessor, Aaron Motsoaledi, was unconstitutional and procedurally unfair, resulting in a year-long extension for existing ZEPs.

Schreiber, who formerly served as the Democratic Alliance’s spokesperson on public service and administration, emphasised the department’s role in supporting economic growth and job creation. He referred to a report by Operation Vulindlela, which found that skilled immigration could boost job creation and economic growth.

The Point-Based System

Schreiber also plans to finalise a points-based system for work visas, introduce remote working and start-up visas, and regularly update the critical skills list. Additionally, he has extended a temporary concession for foreign nationals awaiting visa and waiver decisions until the end of December due to processing delays.

This initiative signals Schreiber’s commitment to enhancing Home Affairs’ role as an economic enabler and addressing immigration policy issues with renewed focus and expertise.

At GREENBERG HATHWAY MACMILLAN, we understand the complexities surrounding Home Affairs’ evolving immigration policies, including the reactivation of the Immigration Advisory Board. With the introduction of new policies, such as the points-based visa system and remote working visas, navigating the immigration landscape can be challenging.

Our team is well-equipped to guide you through the application processes, ensuring compliance with legal requirements and maximising your chances for a successful outcome. Whether you’re applying for a work visa, waiver, or dealing with the Zimbabwean Exemption Permit, we are here to help you every step of the way. Contact GREENBERG HATHWAY MACMILLAN for more information.

The post The Pitfalls of the Immigration Board first appeared on GHM.