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Have a question you would like answered? Email us and we may answer it. The questions here are based on ones from our readers, with identifying information removed.

Topic: Immigration  |  Show questions and answers for all topics

Can a non-South African learner with an expired passport or without a valid permit write matric?

In terms of a 2019 judgment in the Makhanda High Court, yes. But the Department of Education website says otherwise.

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What can I do about the inordinate delay in processing my appeal application for permanent residence as well as a critical skills visa?

It seems that the reason for these delays is that there has been a massive backlog of visa, appeal and waiver applications since the Covid pandemic in 2020, exacerbated by the general dysfunction.

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Why does my son need to write a letter explaining why he wrote matric without a study permit?

Foreign students must have study visas to pursue their education in South Africa. If he did not have such a document, proof of an application to Home Affairs or a police affidavit may suffice.

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What is the process for a foreign national to marry a South African here?

They will need a visitor's visa and a letter of non-impediment from their home country. Then you will go through the normal marriage registration process with Home Affairs.

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What documents will I need for my baby if I, a foreign national, give birth in South Africa?

You first need to register your baby's birth with Home Affairs, then apply for their passport at your embassy/consulate so that you can apply for an Accompanying Minors Visa.

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Am I automatically entitled to citizenship if I was born in South Africa?

No. You only qualify for South African citizenship if at least one parent is/was a South African citizen or has permanent resident status.

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Why won't the UIF and pension fund pay my wife's money into her Mukuru Bank account?

They may have a specific reason, so you'll need to ask them. If they won't help, you can lay a complaint.

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Can I get South African citizenship by descent if I was born in another country?

Yes, but you may need to prove that you are the biological child of a South African citizen.

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Why have I still not heard back from Home Affairs regarding my appeal for my rejected letter of good cause?

There is a huge backlog at Home Affairs, so the acting Director-General extended existing permits for those who applied or appealed before 20 November 2023.

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Can I get a visa in South Africa when I am customarily married to a South African citizen?

You can apply for a spousal visa on a visitorโ€™s visa from within South Africa, following a Constitutional Court ruling in June 2019.

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