Government Gazette Staatskoerant REPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID-AFRIKA Regulation Gazette No. 10199 Regulasiekoerant May No. 37679 Vol. 587 Pretoria, 22 2014 Mei P 1 2 ART OF N.B. The Government Printing Works will not be held responsible for the quality of “Hard Copies” or “Electronic Files” submitted for publication purposes AIDS HELPLINE: 0800-0123-22 Prevention is the cure 402000—A 37679—1 2 No. 37679 GOVERNMENT GAZETTE, 22 MAY 2014 IMPORTANT NOTICE The Government Printing Works will not be held responsible for faxed documents not received due to errors on the fax machine or faxes received which are unclear or incomplete. Please be advised that an “OK” slip, received from a fax machine, will not be accepted as proof that documents were received by the GPW for printing. If documents are faxed to the GPW it will be the sender’s respon- sibility to phone and confirm that the documents were received in good order. Furthermore the Government Printing Works will also not be held responsible for cancellations and amendments which have not been done on original documents received from clients. CONTENTS INHOUD Page Gazette Bladsy Koerant No. No. No. No. No. No. PROCLAMATIONS PROKLAMASIES R. 32 Immigration Amendment Act (3/2007): R. 32 Wysigingswet op Immigrasie (3/2007): Commencement...................................... 3 37679 Inwerkingtreding...................................... 4 37679 R. 33 Immigration Amendment Act (13/2011): R. 33 Wysigingswet op Immigrasie (13/2011): Commencement...................................... 5 37679 Inwerkingtreding...................................... 6 37679 GOVERNMENT NOTICE GOEWERMENTSKENNISGEWING Home Affairs, Department of Binnelandse Sake, Departement van Government Notice Goewermentskennisgewing R. 413 Immigration Act (13/2002): Immigration R. 413 Immigration Act (13/2002): Immigration Regulations............................................. 7 37679 Regulations............................................. 7 37679 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 22 MEI 2014 No. 37679 3 P ROCLAMATION by the President of the Republic of South Africa No. R. 32, 2014 COMMENCEMENT OF THE IMMIGRATION AMENDMENT ACT, 2007 (ACT NO. 3 OF 2007) In terms of section 12 of the Immigration Amendment Act, 2007 (Act No. 3 of 2007), I hereby determine 26 May 2014 as the date on which the said Act shall come into operation. Given under my Hand and the Seal of the Republic of South Africa nqq.. at (F)C01-1-Gr on this day of.. Two Thousand and Fourteen. By Order of the President-In-Cabinet c A, Minister of the Cabinet This gazette is also available free online at www.gpwonline.co.za 4 No. 37679 GOVERNMENT GAZETTE, 22 MAY 2014 P ROKLAMASIE van die President van die Republiek van Suid-Afrika No. R. 32, 2014 INWERKINGTREDING VAN DIE WYSIGINGSWET OP IMMIGRASIE, 2007 (WET NO. 3 VAN 2007) Kragtens artikel 12 van die Wysigingswet op Immigrasie, 2007 (Wet No. 3 van 2007}, bepaal ek hierby 26 Mei 2014 as die datum waarop genoemde Wet in werking tree. Gegee ander my Hand en die Seel van die Republiek van Suid-Afrika to 1' op hede die dag van t6-\ Twee Duisend en Veertien. Pre Op las van die President-in-Kabinet Minister van die Kabinet This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 22 MEI 2014 No. 37679 5 P ROCLAMATION by the President of the Republic of South Africa No. R. 33, 2014 COMMENCEMENT OF THE IMMIGRATION AMENDMENT ACT, 2011 (ACT NO. 13 OF 2011) In terms of section 27 of the Immigration Amendment Act, 2011 (Act No. 13 of 2011), I hereby determine 26 May 2014 as the date on which the said Act shall Come into operation. Given under my Hand and the Seal of the Republic of South Africa Pe' at. r-- on this day of t-\-e15-) Two Thousand and Fourteen. By Order of the President-In-Cabinet Minister of the Cabinet This gazette is also available free online at www.gpwonline.co.za 6 No. 37679 GOVERNMENT GAZETTE, 22 MAY 2014 P ROKLAMASIE van die President van die Republiek van Suid-Afrika No. R. 33, 2014 INWERKINGTREDING VAN DIE WYSIGINGSWET OP IMMIGRASIE, 2011 (WET NO. 13 VAN 2011) Kragtens artikel 27 van die Wysigingswet op Immigrasie, 2011 (Wet No. 13 van 2011), bepaal ek hierby 26 Mei 2014 as die datum waarop genoemde Wet in werking tree. Gegee onder my Hand en die Seel van die Republiek van Suid-Afrika te Oop hede die I Ic;) dag van Twee Duisend en Veertien. Op las van die President-in-Kabinet Minister van die Kabinet This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 22 MEI 2014 No. 37679 7 G N OVERNMENT OTICE DEPARTMENT OF HOME AFFAIRS No. R. 413 22 May 2014 IMMIGRATION ACT, 2002 IMMIGRATION REGULATIONS The Minister of Home Affairs has, in terms of section 7 of the Immigration Act, 2002 (Act No. 13 of 2002), after consultation with the Immigration Advisory Board, made the Regulations in the Schedule. SCHEDULE Definitions 1. In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates- "biometrics" means fingerprints and a photograph; "learning institution" means- (a) an institution of higher education established in terms of the Higher Education Act, 1997 (Act No. 101 of 1997); or (b) a college established in terms of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), but does not include- (i) a school offering further education and training programmes under the South African Schools Act, 1996 (Act No. 84 of 1996); or (ii) a college under the authority of a government department other than the Department of Higher Education and Training; or (c) a school contemplated in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996); This gazette is also available free online at www.gpwonline.co.za 8 No. 37679 GOVERNMENT GAZETTE, 22 MAY 2014 "medical report" means a report by a registered medical practitioner with regard to the applicant's general state of health, detailing any medical condition he or she suffers from, which report shall not be older than six months at the time of its submission; "Medical Schemes Act" means the Medical Schemes Act, 1998 (Act No. 131 of 1998); "National Qualifications Framework Act" means the National Qualifications Framework Act, 2008 (Act No. 67 of 2008); "police clearance certificate" means a certificate issued by the police or security authority in each country where the relevant applicant resided for 12 months or longer after attaining the age of 18 years, in respect of criminal records or the character of that applicant, which certificate shall not be older than six months at the time of its submission: Provided that the certificate shall not be required from a foreign country in the case of renewal or extension of a visa but from the Republic; "proof of sufficient financial means" means proof by means of- (a) a three months bank statement; (b) cash available to the applicant, Provided that the amount shall not be less than the amount determined annually by the Minister by notice in the Gazette; (c) travellers' cheques; (d) an undertaking, supported by a bank statement or salary advice, by a South African citizen or permanent resident that he or she will be hosting the applicant and accepting responsibility for the costs related to the maintenance and removal of the applicant from the Republic; or (e) in the case of learners or students, an undertaking to the learning institution for payment of all fees and accommodation from a bursary scheme or scholarship or parents, as the case may be; "radiological report" means a report by a registered radiologist certifying that the applicant has been examined and that no signs of active pulmonary tuberculosis could be detected, which report shall not be older than six months at the time of its submission; "SAQA" means the South African Qualifications Authority established in terms of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008); "the Act" means the Immigration Act, 2002 (Act No.13 of 2002); and "unaccompanied minor" means a child under the age of 18 years who travels alone. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 22 MEI 2014 No. 37679 9 Passports 2.(1) A passport shall- (a) be machine readable; (b) contain the following information relating to the holder: (i) full names and surname; (ii) date and place of birth; (iii) a photograph clearly and correctly depicting his or her facial features; (iv) gender; and (v) nationality; (c) contain the following information relating to the passport itself: (i) travel document type; (ii) travel document number; (iii) name of the issuing authority; (iv) place of issue; (v) date on which it was issued; and (vi) expiry date thereof; and (d) have at least two unused pages when presented for purposes of endorsing a port of entry visa, visa, permanent residence permit or entry or departure stamp. (2) Notwithstanding the provisions of subregulation (1)(a), a foreigner may be admitted into or depart from the Republic with a non-machine readable passport: Provided that- (a) he or she is from a foreign state that is issuing machine readable passports and has not completely phased out the non-machine readable passports; and (b) his or her passport was issued after 24 November 2005 and its date of expiry is before 24 November 2015. (3) The period of validity of a passport contemplated in section 9(4)(a) of the Act shall not be less than 30 days after the foreigner's intended date of departure from the Republic. (4) The international, regional or sub-regional organisations contemplated in the definition of passport in section 1(1) of the Act, are- (a) the United Nations, excluding its agencies, except for the United Nations High Commissioner for Refugees; (b) the African Union; (c) the European Union; (d) the Southern African Development Community; and (e) the African Development Bank. This gazette is also available free online at www.gpwonline.co.za 10 No. 37679 GOVERNMENT GAZETTE, 22 MAY 2014 Permanent homosexual or heterosexual relationship 3.(1) An applicant for a visa or permanent residence permit in terms of the Act who asserts in his or her application to be a spouse, as defined in section 1 of the Act, must prove to the satisfaction of the Director-General that he or she is a spouse to a citizen or permanent residence permit holder in the manner set out in subregulation (2). (2) An applicant contemplated in subregulation (1) must submit- (a) a notarial agreement signed by both parties attesting that- (i) the permanent homosexual or heterosexual relationship has existed for at least two years before the date of application for a relevant visa or permanent residence permit and that the relationship still exists to the exclusion of any other person ; and (ii) neither of the parties is a spouse in an existing marriage or a permanent homosexual or heterosexual relationship; (b) an affidavit on Part A of Form 12 illustrated in Annexure A, confirming the continued existence of the relationship; (c) in the case where such a party was a spouse in a previous marriage, any official documents that prove the dissolution of such marriage either by divorce or the death of the other spouse; (d) documentation to prove- (i) the financial support to each other; and (ii) the extent to which the related responsibilities are shared by the applicant and his or her spouse; and (e) in the case of a relationship concluded between two foreigners in a foreign country, an official recognition of the relationship issued by the relevant authorities of the country concerned, if available. Both partners to a homosexual or heterosexual relationship must be interviewed (3) separately, on the same date and time, to determine the authenticity of the existence of their relationship. (4) An applicant contemplated in subregulation (1) who has been issued with a visa or permanent residence permit must, after a period of two years from the date of issuing of that visa or permanent residence permit, inform the Director-General whether or not the spousal relationship still exists by submitting to the Director-General an affidavit on Part B of Form 12 illustrated in Annexure A. This gazette is also available free online at www.gpwonline.co.za