SPECIALIST LEGAL SERVICES
We are able to approach a competent court for any relief sought by any person or entity in terms of the Immigration Act and/or to challenge law or various aspects of law.
With respect to court cases we’ve launched, these include –Taking the DHA to court for the (unreasonable) time it takes to process applications;
- Challenging provisions of law;
- Compelling the DHA to process applications within a specific timeframe;
- Acquiring court orders setting out what the duties are of the DHA officials.
OUR SOUTH AFRICAN IMMIGRATION SERVICES ALSO INCLUDE -
Assist both foreigners and employers in successfully managing all aspects of South African immigration policies and legislation.
Assisting foreigners to obtain the right visa for their specific needs and to ensure a hassle-free process in applying for any category of visa as listed in the Immigration Act of 2002, as amended.
- Declaration of undesirability: Imposed on foreigners who overstay their visa in South Africa. We assist affected persons with their applications to the Minister of Home Affairs to waive the grounds of undesirability.
- Prohibited persons: Foreigners who do not qualify for visas/permits to enter or live in South Africa. We assist applicants with their applications to the Director-General of the Department of Home Affairs for declarations confirming that they are not prohibited persons.
- Regulatory waivers (including Blanket waivers): Waivers allow for the surrender or relinquishment of a regularity requirement. This means that companies or individuals may, for good cause, be exempt from certain regulatory requirements.
- Illegal status: Foreigners who are in South Africa in contravention of the Immigration Act are deemed illegal and the law mandates that they depart South Africa, unless authorised to remain in South Africa. We assist these persons with their applications for authorisation to remain in South Africa together with permission to submit an application for a status while in South Africa.
APPEALS AND LITIGATION
In the case of an unsuccessful application, our team will prepare an Administrative Review or Appeals application to secure a successful outcome. Any adverse decision taken against your application can be appealed. In the event that all possible remedies have been exhausted litigation may be recommended, where a competent court will be approached for assistance in resolving the matter at hand.
OUR SOUTH AFRICAN CITIZENSHIP SERVICES ARE, BUT NOT LIMITED TO -
Assisting applicants to acquire South African citizenship which may be acquired in a number of ways, including birth, descent, naturalisation, marriage and in the event of being stateless.
The criteria for citizenship in each of the following categories are –
- Birth: Applies to any person born in South Africa with at least one parent being a South African citizen.
- Descent: Applies to persons born outside of South Africa to a South African citizen(s) or were adopted by a South African citizen. The birth had to be registered in accordance with the act that governs such applications.
- Naturalisation: Applies to persons who have lived in South Africa for a prescribed time with a permanent residency permit.
- Marriage: Spouses of South African citizens qualify for citizenship after a prescribed time.
- Stateless: Individuals born in South Africa with no claim to any other citizenship status may apply to become a South African citizen.
OUR SPECIALISED CITIZENSHIP SERVICES EXTEND BUT ARE NOT LIMITED TO THE FOLLOWING MATTERS
- Retention of citizenship: Where an application is made to the Minister of Home Affairs prior to applying foreign citizenship as a formal or voluntary act.
- Loss of citizenship: Where an individual loses his/her citizenship, either automatically or involuntarily. Citizenship can either be resumed, if qualifying factors apply, or individuals can opt for a permanent resident status.
- Resumption of citizenship: Individuals may apply to have their South African citizenship reinstated if they are a former citizen by birth or descent, or living in South Africa as a permanent resident.
- Renunciation of citizenship: Where individuals voluntarily gave up citizenship, in favour of another citizenship, particularly in cases where dual nationality is not permitted.
- Confirmation of status: Applies to individuals who have involuntarily lost their status and have no documentary proof to apply for their status.
- Certificate of citizenship status: A certificate confirming South African citizenship status (when in doubt or otherwise).
- Exemption applications: Any person applying to the Minister to be exempt from any statutory provision.