Financial Law Attorney and Chairperson of Ndou Attorneys Inc. MBA and Maters in Corporate Law

Getting a visa is an important step for a foreign national who wants to live, work, study or visit South Africa. But receiving a visa is not the end of the process. Every visa has a purpose and may have specific conditions attached to it. These conditions determine what the visa holder is permitted to do, where applicable, and how long they may remain in South Africa. Understanding the fine print can help foreign nationals avoid unintentionally breaching their immigration sta

Divorce can mark the beginning of a new chapter, but for a foreign national living in South Africa on the basis of a spousal relationship, it can also raise important immigration questions. What happens to your immigration status when the relationship that formed the basis of your visa comes to an end? Does divorce automatically mean that you must leave South Africa? Can you apply for another type of visa? The answers depend on your immigration status and individual circumsta

By Thusanang Dube Planning your first visit to South Africa can be exciting, whether you are travelling for a holiday, visiting family or attending a business meeting. But before you pack your bags, it is important to make sure that your travel documents and immigration requirements are in order. A little preparation before your journey can help you avoid unnecessary complications when you arrive at a South African port of entry. 1. Check your passport Your passport or travel

For many foreign nationals living, working or studying in South Africa, immigration documents can easily become something that is checked only when a renewal is approaching. However, keeping your immigration status in order requires more than simply knowing when your visa expires. A change in circumstances, an expired passport or activities that fall outside the conditions of your visa can potentially create immigration complications. With spring being a good time for a fresh

By Helena Molefe Love can cross borders, but marriage does not automatically resolve a foreign national’s immigration status in South Africa. When a South African citizen marries a foreign national, the marriage may create a basis for certain immigration applications. However, the foreign spouse must still follow the applicable immigration process and obtain the appropriate documentation to remain in South Africa lawfully. Understanding the relationship between marriage and i

Spring is traditionally associated with renewal, restoration and new beginnings. For South Africans who have lost, renounced or questioned their citizenship status, the idea of renewal has particular significance. Recent constitutional developments, together with South Africa’s ongoing reform of its citizenship and immigration framework, have changed the legal landscape considerably. But can South African citizenship simply be “restored”? The answer depends on how the citizen

Graduation is meant to open doors. For an international student in South Africa, however, receiving a degree does not automatically open the door to employment. A student who wants to build a career in South Africa after completing their studies must consider an important question: what happens to your immigration status when your studies end? The transition from student to professional is possible, but it requires careful planning and compliance with South Africa’s immigrati

Spring is often associated with new beginnings — new relationships, growing families and plans for a shared future. But when love crosses borders, building that future together can involve more than deciding where to live. It can also mean navigating South Africa’s immigration laws. For international couples and families, understanding the correct immigration pathway is an important part of keeping the family together. When Love Crosses Borders South African immigration law r

For years, the Department of Home Affairs treated 1 January 2013 as a dividing line when determining certain claims to South African citizenship. This approach created serious difficulties for people born before that date, particularly those born outside South Africa to a South African parent. The Constitutional Court rejected this restrictive interpretation in Chisuse and Others v Director-General, Department of Home Affairs and Another [2020] ZACC 20. What does the Citizens

An asylum application rejected in South Africa may be classified as either unfounded or manifestly unfounded. Although these terms sound similar, they have different legal meanings and challenge procedures under the Refugees Act 130 of 1998. What is an unfounded application? An application may be rejected as unfounded when it relates to a recognised ground for refugee protection, but the evidence is considered insufficient to establish refugee status. This may involve finding

Imagine beginning your workday in Johannesburg, joining an international meeting from Cape Town or answering emails while overlooking the South African coastline. For foreign digital professionals, this lifestyle is becoming increasingly possible through South Africa’s Remote Work Visa. The visa allows qualifying foreign nationals to live in South Africa while continuing to work remotely for an employer situated outside the country. It provides an immigration route for digita

When a foreign national receives a South African work visa, that visa does not automatically grant immigration status to their spouse or children. Each accompanying family member must submit a separate application under the visa category appropriate to their circumstances. The accompanying spouse A spouse who intends only to live with the work-visa holder will ordinarily apply for a long-term visitor’s visa as an accompanying spouse. The application is based on the principal

When the South African government released its revised White Paper on Citizenship and Immigration, it ignited a debate that cuts to the very core of national identity: who belongs, what belonging means, and who gets to decide. Framed by the Department of Home Affairs as a necessary modernization of an immigration framework that has not kept pace with the country's development needs and security challenges, the White Paper has been welcomed by some as an overdue assertion of n

There is a tension at the heart of modern democratic governance that no country has fully resolved: the tension between the sovereign right of a state to control who enters and remains within its borders, and the obligation of that same state to treat every person within those borders as a bearer of fundamental rights. South Africa is not unique in grappling with this tension. But it is unique in the particular context within which it must do so — a context shaped by a Consti

South Africa has significantly ramped up its deportation and repatriation operations in recent years. The Department of Home Affairs has repeatedly cited rising numbers of undocumented migrants as a national security and economic concern, and deportation has been positioned as a central pillar of the government's immigration enforcement strategy. On the surface, this may appear to be straightforward governance — a state asserting control over its borders. Beneath the surface,

On any given day in parts of Johannesburg, Cape Town, or Durban, foreign nationals may be stopped on the street, asked to produce identity documents, and subjected to interrogation — not by police officers, but by members of vigilante groups who have appointed themselves as enforcers of immigration policy. This is not a hypothetical scenario. It has been a documented feature of South African public life for several years, and it raises fundamental questions about the rule of

The Constitutional Limits of Anti-Immigrant Sentiment There is a deep irony at the heart of South Africa's ongoing immigration debate. A nation whose liberation movement drew strength from solidarity across borders — whose exiles were sheltered in Zambia, Tanzania, Angola, and beyond — now finds itself grappling with some of the most intense anti-immigrant sentiment on the African continent. The question this raises is not merely political. It is constitutional, moral, and pr

You entered South Africa for one purpose—but life did not follow the original plan. Perhaps you arrived to study and later received an employment opportunity. Maybe you entered as a visitor and married a South African citizen. You may be accompanying a spouse but now wish to study, work or build a professional life of your own. The circumstances may be genuine, but immigration law does not automatically change with them. Before submitting an application, one question must be

Immigration decisions can determine whether a person may remain with their family, continue working, pursue an asylum claim or enter South Africa. Yet applicants are sometimes handed refusal letters containing legal terminology, standardised reasons or instructions they cannot understand. A decision may exist on paper, but if the affected person cannot understand what was decided, why it was decided or how to challenge it, access to justice becomes largely theoretical. In imm