RE: UPDATE FEBRUARY 2014 – DRAFT IMMIGRATION REGULATIONS PUBLISHED BY THE MINISTER OF HOME AFFAIRS.

On Friday the 14th February the Minister of Home Affairs published the Draft Immigration Regulations and Forms under Government Gazette in order to secure public comment by the 28th of February 2014.

This is a rather short period within which to comment on highly technical regulations but the Law Society of South Africa and its statutory provincial law societies are currently engaged in drafting input in this regard.

The purpose of this update is not just to inform you about the above but also to issue an advisory at this stage regarding certain aspects of the draft regulations which, when finalized, will enable the Immigration Amendment Act 13 of 2011 to come into operation.

Speculation as to when this will happen is difficult to predict at this time but for all intents and purposes we have to assume that it would be sooner rather than later and by this we mean within the next 2 to 3 months.

The advisory to clients is premised upon the fact that applications which are lodged before the implementation date of the Amendment Act, must in terms of transitional provisions in the principle Act, be dealt with under the legislation and regulation prevailing at the date of lodgement of the application.

What this means in practical terms is that if you are in the current process of procuring relevant documentation for a permit or extension thereof to be lodged soon, then we would prevail upon you to view this as a matter of extreme urgency. The criteria for various permits including work permits and business permits will be changing and a whole host of new innovations will come into operation. An update will be given by way of a further newsletter as soon as some finality has been obtained in this regard.

We have addressed some of these issues in a prior update to clients. Our website at www.immigration.org.za will also carry updates as and when they happen.

AS ALWAYS, WE ENDEAVOUR TO KEEP YOU UP TO DATE ON ALL IMMIGRATION RELATED ISSUES

JULIAN POKROY AND TARRYN POKROY RIETVELD AND THE TEAM AT JULIAN POKROY ATTORNEYS