| (1) |
An application for exemption contemplated in section 9(3)(b) of the Act shall be made on Form 3 illustrated in Annexure A. |
| (2) |
An examination contemplated in section 9(3)(d) of the Act shall take place when a person presents himself or herself to an immigration officer. |
(3) A person contemplated in subregulation (2) shall—
(a) satisfy the immigration officer that he or she—
| (i) |
is not an illegal foreigner by producing a valid passport and port of entry visa, if applicable; |
| (ii) |
is not a prohibited person by proving that he or she complies with the provisions of section 29 of the Act; |
| (iii) |
if previously declared an undesirable person, has complied with section 30(2) of the Act; and |
| (iv) |
is not in contravention of the Act by producing a visa commensurate with the activities to be undertaken by him or her in the Republic; |
| (b) |
if entering the Republic for purposes of a visa contemplated in section 11(1)(a) of the Act, provide a residential address of the intended place of stay within the Republic and the business, residential or physical address of his or her host in the Republic, and undertake to report any change of his or her address, and that of his or her host in the Republic, at the nearest Office of the Department within 48 hours of any change of such address or addresses; |
| (c) |
provide proof of settlement, in the form of a receipt, of any outstanding administrative fine imposed under section 50(1) of the Act prior to its amendment by section 25(a) of the Immigration Amendment Act, 2011 (Act No. 13 of 2011); |
| (d) |
submit to the immigration officer Form 4 illustrated in Annexure A; and |
| (e) |
subject himself or herself to biometric verification prior to admission into the Republic and upon departure from the Republic. |
| (4) |
If an immigration officer is not satisfied with the information submitted in accordance with subregulation (3)(d), he or she may require of that person to either complete the form once again, or to make a declaration on Form 5 illustrated in Annexure A. |
| (5) |
If a person is unable to complete the form contemplated in subregulation 3(d) or the declaration contemplated in subregulation (4), the immigration officer shall, if necessary— |
| (a) |
question him or her with the assistance of an interpreter; |
| (b) |
complete the mentioned form or declaration or cause it to be completed; and |
| (c) |
require that person to sign that form or declaration or to affix his or her left thumb print thereto. |
| (6) |
An immigration officer who has not been satisfied as contemplated in subregulation (3)(a), may interview that person and shall record the general contents of that interview on Form 6 illustrated in Annexure A. |
| (7) |
An immigration officer may, if there is reason to suspect that any person is infected with or is the carrier of any of the diseases or viruses contemplated in regulation 26(1), refer such person seeking admission into the Republic to a port health officer at the port of entry and, after consultation with the port health officer, decide whether or not to admit such person seeking admission or hold him or her in quarantine. |
| (8) |
An immigration officer shall not admit into the Republic any person unless he or she is satisfied that such person poses no risk or intends no harm to the Republic or citizens of the Republic. |
| (9) |
When examining a person before his or her departure from the Republic, an immigration officer shall ensure that that person is not— |
| (a) |
a fugitive from justice; or |
| (b) |
the subject of a court order that orders the Department to prevent his or her departure. |
| (10) |
Any child who is in alternative care as defined in the Children's Act, 2005 (Act No. 38 of 2005) shall, before departing from the Republic, produce a certified copy of an authorisation letter from the Provincial Head of the Department of Social Development where the child resides as contemplated in section 169 of the Children's Act. |
| (11) |
An immigration officer shall refuse any person contemplated in subregulation (9) or who does not comply with subregulation (10), to depart from the Republic. |
| (12) |
[Regulation 6(12) substituted by the insertion of regulations 6(12A) and 6(12B) by section 4 of the First Amendment of the Immigration Regulations, 2014, Notice No. R. 1328, GG42071, dated 29 November 2018] |
| (12A) |
For the purposes of subregulation (12B)(a), (c) and (d), where a child presents a passport which contains the details of his or her parent or parents, an immigration officer shall not require such child to produce a birth certificate |
[Regulation 6(12A) inserted by section 4 of the First Amendment of the Immigration Regulations, 2014, Notice No. R. 1328, GG42071, dated 29 November 2018]
| (a) |
Where a parent or parents, legal guardian or any other person is travelling with a child who is a South African citizen, such person must, upon departure from or entry into the Republic, produce— |
| (i) |
a copy of a birth certificate or passport containing the details of the parent or parents of the child; |
| (ii) |
where applicable, a copy of an adoption order; |
| (iii) |
a letter of consent from the other parent or parents, or legal guardian, as the case may be, of the child authorising such person to depart from or enter into the Republic with the child he or she is travelling with; |
| (iv) |
a copy of the passport, or identity card in the case of South African citizens, of the parent or parents or legal guardian of the child; |
| (v) |
the contact details of the parent or parents, or legal guardian, of the child; |
| (vi) |
a copy of a court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child; or |
| (vii) |
where applicable, a copy of a death certificate of the deceased parent, parents or legal guardian of the child. |
| (b) |
Where a parent or parents, legal guardian or any other person from a visa required country intends to travel with a child, he or she must, when applying for a visa for such child, submit— |
| (i) |
a copy of a birth certificate of the child; |
| (ii) |
where applicable, copy of an adoption order; |
| (iii) |
a letter of consent from the other parent or parents, or legal guardian of the child authorising him or her to enter into or depart from the Republic with the child he or she is travelling with; |
| (iv) |
a copy of the passport of the parent or parents, or legal guardian, of the child; |
| (v) |
the contact details of the parent or parents, or legal guardian, of the child; |
| (vi) |
a copy of a court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child; or |
| (vii) |
where applicable, a copy of a death certificate of the deceased parent, parents or legal guardian of the child. |
(c)
| (i) |
Where one parent, legal guardian or any other person is travelling with a child, he or she may be required by an immigration officer to produce a copy of a birth certificate of the child in order to establish the relationship with such child, unless the child is from a visa required country, upon admission into or departure from the Republic and the immigration officer must, in examining such child for admission into or departure from the Republic request and consider, where applicable― |
| (aa) |
the reasons for the absence of the other parent or parents of the child; |
| (bb) |
a letter of consent from the other parent or parents or guardian of the child authorising him or her to enter into or depart from the Republic with the child he or she is travelling with; |
| (cc) |
a copy of the passport of the absent parent or parents or legal guardian of the child; |
| (dd) |
the contact details of the absent parent or parents or legal guardian of the child; |
| (ee) |
a copy of a court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child; or |
| (ff) |
where applicable, a copy of a death certificate of the deceased parent, parents or legal guardian of the child: Provided that the Director-General may, where the parent or parents are deceased and the child is travelling with a person related to him or her, approve such a person to enter into or depart from the Republic with such a child. |
| (ii) |
Where an immigration officer requests a traveller to produce a birth certificate of a child or the documentation referred to in subparagraphs (aa) to (ff), and such is not provided within 24 hours, he or she may refuse admission into or departure from the Republic of such a child. |
| (iii) |
Any person travelling with a child as contemplated in paragraph (c)(i) is strongly advised to be in possession of the documentation referred to in subparagraph (i) when seeking admission into or departure from the Republic. |
| (d) |
Any unaccompanied child shall produce to the immigration officer― |
| (i) |
a copy of his or her birth certificate; |
| (ii) |
where applicable, a copy of an adoption order; |
| (iii) |
a letter of consent from one or both his or her parents or legal guardian, as the case may be, for the child to travel into or depart from the Republic; |
| (iv) |
a copy of the passport of the parent or parents or legal guardian of the child; |
| (v) |
the contact details of the parent or parents or legal guardian of the child; |
| (vi) |
a copy of a court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child; |
| (vii) |
where applicable, a copy of a death certificate of the deceased parent, parents or legal guardian of the child; |
| (viii) |
a letter from the person who is to receive the child in the Republic, containing his or her residential address and contact details in the Republic where the child will be residing; and |
| (ix) |
a copy of the identity card or valid passport and visa or permanent residence permit of the person who is to receive the child in the Republic. |
[[Regulation 6(12B) inserted by section 4 of the First Amendment of the Immigration Regulations, 2014, Notice No. R. 1328, GG42071, dated 29 November 2018]
| (13) |
Any person who destroyed a passport, or presented a passport that is confirmed to be false or fraudulently altered, shall be refused entry and an immigration officer shall— |
| (a) |
confirm such refusal on Form 7A illustrated in Annexure A; |
| (b) |
confiscate such passport; and |
| (c) |
cause such person to be returned to his or her point of embarkation. |
| (14) |
The passport confiscated as contemplated in subregulation (13)(b) shall, together with Form 7B illustrated in Annexure A, be handed to the purported issuing authority's embassy, high commission or representative in the Republic. |
| (15) |
Any person found in the Republic in possession of a fraudulent, false or counterfeit passport shall be referred for detention or prosecution on Form 7C illustrated in Annexure A. |
| (16) |
The recording of the entry or departure contemplated in section 9(3)(c) of the Act shall be by means of scanning the passport and Form 4, and by endorsing the entry or departure in the passport of the person. |
| (17) |
Any person who provides the immigration officer with incorrect or false information knowing it to be incorrect or false shall be refused entry by the immigration officer. |
Statistics Act, 1999
