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IMMIGRATION INSIGHT
Practical Immigration Law Insights From Ndou Attorneys Inc.
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Know Your Rights:
Immigration Detention in South Africa
Understanding your rights can make all the difference. In this Immigration Law feature, Ndou Attorneys Inc. explains key legal protections applicable to immigration detention, including the 48-hour rule, the right to appear before a court, and safeguards against unlawful detention.
At Ndou Attorneys Inc., we believe that access to clear legal information is an important part of protecting dignity, freedom and the rule of law.
Need assistance with an immigration or detention matter? Contact our Immigration Law Department for professional legal guidance
Contact us:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
General information on South African law. Not legal advice.
Visa Rejected?
Why a Refusal Does Not Have to Be the End
A visa or permit refusal from Home Affairs is a decision, and you can challenge it. You have 10 working days from the day you receive the rejection to appeal to the Director-General under section 8(4) of the Immigration Act. If that fails, you can appeal to the Minister under section 8(6) within a further 10 working days. After that, you can take the decision on review to the High Court under the Promotion of Administrative Justice Act.
Ndou Attorneys Inc. covers each of these steps. It explains how to get written reasons for a refusal and why applying again does not count as an appeal.
Contact us:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
General information on South African law. Not legal advice.
Inside Section 22: What Every Asylum Seeker Should Know
Under the Refugees Act 130 of 1998
A section 22 visa gives you legal status while your asylum claim is being decided. It can be valid for up to six months. You must renew it before it expires at the Refugee Reception Office where you applied. Keep every receipt, email and appointment letter as proof that you tried to renew.
Ndou Attorneys Inc. explains the rights you have while your claim is pending. It also covers the 2023 Constitutional Court ruling that an expired visa does not mean your claim has been abandoned, and the July 2026 changes on how you entered South Africa. The video then sets out what to do if something goes wrong.
Contact us:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
General information on South African law. Not legal advice.
What happens when your name appears on South Africa’s V-List?
Ndou Attorneys explains the distinction between being declared undesirable and prohibited under South Africa’s immigration framework, including how visa overstays can affect your ability to enter the country.
We unpack what these classifications mean, how long restrictions may apply, and the legal remedies available to individuals seeking to challenge or resolve their immigration status.
Contact us:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
General information on South African law. Not legal advice.
Ndou Attorneys Inc. | Immigration & Refugee Law
Understanding the law. Protecting your right to move, belong and be heard.
Can Home Affairs Deport You While Your Court Case Is Pending?
Can the Department of Home Affairs deport you while your immigration matter is still before the courts?
Ndou Attorneys explores the legal protections available to foreign nationals facing deportation while court proceedings are pending.
We look at the importance of due process, access to the courts, and the legal remedies that may be available where deportation could interfere with an ongoing case.
Understanding your rights is essential when facing immigration enforcement in South Africa.
Contact us:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
General information on South African law. Not legal advice.
Ndou Attorneys Inc. | Immigration & Refugee Law
Know your rights. Know your legal options.
What Happens When You Overstay Your Visa?
Overstaying a visa in South Africa can have serious consequences for your immigration status and your ability to return to the country.
Ndou Attorneys examines what happens when a foreign national overstays their visa and is declared an undesirable person under South Africa’s immigration laws.
The consequences of receiving a Form 19, and the legal options available to challenge a declaration of undesirability.
Contact us:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
General information on South African law. Not legal advice.
Ndou Attorneys Inc. | Immigration & Refugee Law
Understanding immigration law. Protecting your right to move, return and belong.
Born in South Africa. But are you a citizen?
Being born in South Africa does not on its own make you a citizen. Under the South African Citizenship Act 88 of 1995, your citizenship depends on who your parents were and on whether your birth was registered.
This episode covers citizenship through a South African parent and the rights of stateless children and children of permanent residents. It also explains when children of foreign nationals can apply at 18, and what the courts have decided on each of these routes.
If you were told you are not a citizen, have it checked properly.
Contact us:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
This is general information on South African law. It is not legal advice on your own matter.
Can you change from a visitor's visa to a work visa in South Africa?
As a general rule, if you are in South Africa on a visitor's visa you cannot change it to a work visa while you are here. You have to apply for the work visa at a South African mission abroad. Regulation 9(9)(a) allows four exceptions, and the list is closed.
This episode explains those four grounds and the Constitutional Court's Nandutu judgment, which added two of them. It also covers the mistakes that can leave people overstaying.
Before you apply, check which visa you were admitted on and get advice.
Contact us:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
This is general information on South African law. It is not legal advice on your own matter.
General work visa vs critical skills visa
Since 9 October 2024, applications for both South African work visas are scored on points, and you need 100 to qualify. For a critical skills visa, an occupation on the critical skills list earns the full 100 on its own. The general work visa has no list, so you build up the 100 from your salary, qualifications, experience and language.
This episode compares the two visas side by side. It also explains that the Department of Employment and Labour certificate is no longer required, and how each visa leads to permanent residence.
The points schedule and the critical skills list are revised from time to time, so check the version in force on the day you apply.
Contact us:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
This is general information on South African law. It is not legal advice on your own matter.
Can refugees and asylum seekers work in South Africa?
It depends on your document. Recognised refugees may seek employment. Asylum seekers may work only once the right to work is endorsed on their visa. Since 2020, Home Affairs may refuse that endorsement if you can support yourself. Your employer has 14 days to send Home Affairs a letter of employment, and the endorsement can be revoked if you can't prove you're employed within six months. Renew your visa before it expires.
If your right to work was refused or revoked, or an employer rejects your papers, speak to Ndou Attorneys:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
Home Affairs has delayed your application for months. What can you do?
Under section 33 of the Constitution, you have a right to a decision.
In this episode we explain three steps to take when your file has stalled: escalate inside the department, send a letter of demand, and if that fails, go to court under PAJA. A court can order Home Affairs to decide by a fixed date. That means a decision, not necessarily an approval.
If your application has been waiting too long, speak to us before another month passes.
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
🌐 www.ndouinc.co.za
General information on South African law. Not legal advice.
Permanent residence is not the same as citizenship
A visa, a permanent residence permit and citizenship each give you different rights in South Africa.
In this episode, Ndou Attorneys explains what each status lets you do and where its limits are. We cover what happens when a visa expires, the rights permanent residence doesn't give you (the vote and a South African passport among them), how the permit can be withdrawn, and what you need before you can apply to naturalise.
Not sure what your status allows? Contact us:
📞 011 354 0060 | ✉️ info@ndouinc.co.za |
🌐 www.ndouinc.co.za
General information on South African law. Not legal advice.