Description
Immigration Act, 2002 (Act No. 13 of 2002)
This is a printable version of the act that we have on www.acts.co.za with all the relevant Regulations, Schedules and Notices where applicable.
To view the act on www.acts.co.za click here.
Introduction:
To provide for the regulation of admission of persons to, their residence in, and their departure from the Republic; and for matters connected therewith.
Preamble
In providing for the regulation of admission of foreigners to, their residence in, and their departure from the Republic and for matters connected therewith, the Immigration Act aims at setting in place a new system of immigration control, which ensures that–
a) temporary and permanent residence permits are issued as expeditiously as possible and on the basis of simplified procedures and objective, predictable and reasonable requirements and criteria, and without consuming excessive administrative capacity;
b) security considerations are fully satisfied and the State retains control over the immigration of foreigners to the Republic;
c) interdepartmental coordination and public consultations enrich the functions of immigration control;
d) economic growth is promoted through the employment of needed foreign labour, foreign investment is facilitated, the entry of exceptionally skilled or qualified people is enabled, skilled human resources are increased, academic exchanges within the Southern African Development Community is facilitated and tourism is promoted;
e) the role of the Republic in the continent and the region is recognised;
f) the entry and departure of all persons at ports of entry are efficiently facilitated, administered and managed;
g) immigration laws are efficiently and effectively enforced, deploying to this end significant administrative capacity of the Department of Home Affairs, thereby reducing the pull factors of illegal immigration;
h) the South African economy may have access at all times to the full measure of needed contributions by foreigners;
ii) the contribution of foreigners in the South African labour market does not adversely impact on existing labour standards and the rights and expectations of South African workers;
j) a policy connection is maintained between foreigners working in South Africa and the training of our citizens;
k) push factors of illegal immigration may be addressed in cooperation with other Departments and the foreign states concerned;
ll) immigration control is performed within the highest applicable standards of human rights protection;
m) xenophobia is prevented and countered;
n) a human rights based culture of enforcement is promoted;
o) the international obligations of the Republic are complied with; and
p) civil society is educated on the rights of foreigners and refugees.
