Immigration Amendment Act

This section amends the Immigration Act’s definition list by adding and replacing several terms.

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Jurisdiction: South Africa
Instrument: Act or statute
Citation: Act 3 of 2007
Version: Undated source snapshot
Language: en
Updated: 18 Jul 2007
Official source: View official record ↗

amendment business establishment business regulation capital contribution family members foreign investment legislative amendment permit conditions permits statute commencement statutory definitions temporary residence permits transit visas travel documents visitor permits work authorisation work permits

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About this statute

This section amends the Immigration Act’s definition list by adding and replacing several terms. A temporary residence permit may be issued to a foreigner if they apply in the prescribed manner and on the prescribed form, subject to the Act. People who are not citizens or permanent residents may not travel through the Republic unless they have a transit visa for that purpose. The Director-General may issue or renew visitor’s permits, and a visitor’s permit holder generally may not work unless authorised under the stated conditions. The Director-General may reduce or waive a financial or capital contribution for businesses prescribed to be in the national interest, or when requested by the Department of Trade and Industry.

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Provisions of Immigration Amendment Act

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1
Section 1 of the Immigration Act, 2002 (Act No. 13 of 2002), hereinafter referred
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AI-assisted research summary: This section amends the Immigration Act’s definition list by adding and replacing several terms.

1. Section 1 of the Immigration Act, 2002 (Act No. 13 of 2002), hereinafter referred to as the principal Act, is hereby amended— (a) by the insertion after the definition of "admission" of the following definition: " 'affiliate' means an associate member of a company or organisation;"; (b) by the insertion after the definition of "border" of the following definition: "'branch' means a branch as contemplated in section 21A of the Companies Act, 1973 (Act No. 61 of 1973);"; (c) by the substitution for the definition of "depart or departure" of the following definition: " 'depart or departure' means exiting the Republic from a port of entry to another country in compliance with this Act;"; and (d) by the insertion after the definition of "status" of the following definition: "'subsidiary' means a subsidiary as defined in section 1(1) of the Companies Act, 1973 (Act No. 61 of 1973);". Amendment of section 10 of Act 13 of 2002, as substituted by section 11 of Act 19 of 2004
2
Section 10 of the principal Act is hereby amended by the substitution for subsection
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AI-assisted research summary: A temporary residence permit may be issued to a foreigner if they apply in the prescribed manner and on the prescribed form, subject to the Act.

2. Section 10 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: "(2) Subject to this Act, upon application in the prescribed manner and on the prescribed form, one of the temporary residence permits contemplated in sections 11 to [23] 24 may be issued to a foreigner.". Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 Act No. i, 2007 IMMIGRATION AMENDMENT ACT, 2007 Amendment of section 10B of Act 13 of 2002, as inserted by section 12 of Act 19 of 2004
3
Section 10B of the principal Act is hereby amended by the substitution for
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AI-assisted research summary: People who are not citizens or permanent residents may not travel through the Republic unless they have a transit visa for that purpose.

3. Section 10B of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) Subject to subsection (4)(a), no person, other than a citizen or permanent resident, who is proceeding from a place outside the Republic to a destination outside the Republic, [including making use of the transit areas of South African ports of entry,] shall travel through the Republic, unless he or she is in possession of a transit visa issued for that purpose in terms of subsection (2).". Amendment of section 11 of Act 13 of 2002, as amended by section 13 of Act 19 of 2004
4
Section 11 of the principal Act is hereby amended—
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AI-assisted research summary: The Director-General may issue or renew visitor’s permits, and a visitor’s permit holder generally may not work unless authorised under the stated conditions.

4. Section 11 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: "(1) A visitor's permit may be issued for any purpose other than those provided for in sections 13 to 24, and subject to subsection (2), by the Director-General in respect of a foreigner who[— (a)] complies with section 10A[; and (b)] and provides the financial or other guarantees prescribed in respect of his or her departure: Provided that such permit— [(i)](a) may not exceed three months and upon application may be renewed by the Director-General for a further period which shall not exceed three months; or [(ii)]{b) may be issued by the Director-General upon application for any period which may not exceed three years to a foreigner who has satisfied the Director-General that he or she controls sufficient available financial resources, which may be pre scribed, and is engaged in the Republic in— [(aa)](i) an academic sabbatical; [(bb)](ii) voluntary or charitable activities; [(cc)](iii) research; or [(dd)](iv) any other prescribed activity."; and (b) by the substitution for subsection (2) of the following subsection: "(2) The holder of a visitor's permit may not conduct work [, unless]: Provided that the holder of a visitor's permit issued in terms of subsection (1 )(a) or (b)(iv) may be authorised by the Director-General in the prescribed manner and subject to the prescribed requirements and conditions to conduct work.". Amendment of section 15 of Act 13 of 2002, as amended by section 17 of Act 19 of 2004
5
Section 15 of the principal Act is hereby amended by the substitution for subsection
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AI-assisted research summary: The Director-General may reduce or waive a financial or capital contribution for businesses prescribed to be in the national interest, or when requested by the Department of Trade and Industry.

5. Section 15 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: "(3) The Director-General may reduce or waive the [capitalisation require ments] financial or capital contribution referred to in subsection {\)(a) for businesses which are prescribed to be in the national interest, or when so requested by the Department of Trade and Industry.". Amendment of section 19 of Act 13 of 2002, as substituted by section 21 of Act 19 of 2004
6
Section 19 of the principal Act is hereby amended by the substitution in subsection
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AI-assisted research summary: The Director-General may issue an intra-company transfer work permit to a qualifying foreigner.

6. Section 19 of the principal Act is hereby amended by the substitution in subsection (5) for the words preceding paragraph (a) of the following words: "(5) An intra-company transfer work permit may be issued by the Director- General to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic for a period not exceeding [two] four years, provided that—". Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 Act No. 3, 2007 IMMIGRATION AMENDMENT ACT, 2007 Amendment of section 20 of Act 13 of 2002, as amended by section 47 of Act 19 of 2004
7
Section 20 of the principal Act is hereby amended by the insertion after subsection
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AI-assisted research summary: Spouses and dependent children accompanying a holder of a retired person permit may be issued an appropriate permit.

7. Section 20 of the principal Act is hereby amended by the insertion after subsection (1) of the following subsection: "(1 A) The spouse and dependent children accompanying the holder of a retired person permit may be issued with an appropriate permit issued in terms of this Act.". Amendment of section 27 of Act 13 of 2002, as substituted by section 28 of Act 19 of 2004
8
Section 27 of the principal Act is hereby amended—
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AI-assisted research summary: This section amends the rules for foreign people establishing or investing in a business in the Republic, including permit conditions and possible waiver or reduction of the required contribution.

8. Section 27 of the principal Act is hereby amended— (a) by the substitution in paragraph (a) for subparagraph (ii) of the following subparagraph: "(ii) the application falls within the [yearly limits of available permits prescribed for each sector of industry, trade and commerce, after consultation with the Departments of Trade and Industry, Labour and Education] specific professional category or within the specific occupational class contemplated in section 19(1); and"; and (b) by the substitution for paragraph (c) of the following paragraph: "(c) intends to establish or has established a business in the Republic and investing in it or in an established business the prescribed financial or capital contribution to be part of the intended book value, and to the members of such foreigner's immediate family, provided that— such [capitalisation requirements] financial or capital contribu tion for businesses prescribed to be in the national interest or when so requested by the Department of Trade and Industry; and (i) the Director-General may waive reduce or (ii) the permit shall lapse if the holder fails to prove within two years of the issuance of the permit and three years thereafter, to the satisfaction of the Director-General, that the prescribed financial or capital contribution to be part of the intended book value is still invested as contemplated in this paragraph;". Amendment of section 28 of Act 13 of 2002, as amended by section 29 of Act 19 of 2004
9
Section 28 of the principal Act is hereby amended by the substitution for paragraph
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AI-assisted research summary: This section amends paragraph (a) of section 28 of the principal Act.

9. Section 28 of the principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph: "(a) is convicted of any of the offences— (i) listed in Schedules 1 and 2; or (ii) in terms of this Act;". Substitution of heading to Schedule 1 to Act 13 of 2002
10
The following heading is hereby substituted for the heading to Schedule 1 to the
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AI-assisted research summary: The heading to Schedule 1 of the principal Act is replaced with a new heading about offences relating to section 28(a) and (b).

10. The following heading is hereby substituted for the heading to Schedule 1 to the principal Act: "Offences [referred] relating to [in] section 28(a) [and (b)] of this Act". Substitution of heading to Schedule 2 to Act 13 of 2002
11
The following heading is hereby substituted for the heading to Schedule 2 to the
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AI-assisted research summary: This section replaces the heading to Schedule 2 with a new offences-related heading.

11. The following heading is hereby substituted for the heading to Schedule 2 to the principal Act: "Offences [referred] relating to [in] section [28(b)] 28(a) of this Act". Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 Act No. 3, 2007 IMMIGRATION AMENDMENT ACT, 2007 Short title and commencement
12
This Act is called the Immigration Amendment Act, 2007, and comes into
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AI-assisted research summary: This section says the Act starts on a date set by the President through a Gazette proclamation.

12. This Act is called the Immigration Amendment Act, 2007, and comes into operation on a date determined by the President by proclamation in the Gazette. Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998

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Immigration Amendment Act

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