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ARTICLE · 09 SEPTEMBER 2019

Rules For Changing Foreign Spouses' And Childrens' Status Relaxed

The immigration regulation as it appears in the government gazette will be amended to accommodate the ruling within 24 months, as instructed by the decision.

South AfricaImmigration

At a Glance

  • Following a Constitutional Court decision, the Department of Home Affairs in South Africa has issued a new directive that allows foreign spouses and children of South African citizens and permanent residents to change their immigration status without leaving South Africa and without a special government waiver, which took up to eight weeks to issue.
  • This should save time and costs associated with these processes.

The situation

A court decision in South Africa indicates that it is unconstitutional for foreign spouses and children of South African citizens and permanent residents to be denied the opportunity to change their immigration status in South Africa. As a result, the Department of Home Affairs issued a directive to amend the requirement.

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