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Things you should know about South Africa’s new refugee laws

On February 12, 2020 / by Andrew Wicks / Leave a comment

New amendments to the Refugees Act, introduced at the beginning of 2020, are likely to have an impact on any business or individual that regularly employs asylum seekers or refugees. Here are some of the most important amendments and their possible impact.

Extend an offer of employment

The right to work in South Africa may not be endorsed on the asylum seeker visa of any applicant who seeks to extend the right to work, after having failed to produce a letter of employment. An extension may, however, be granted if a letter of employment is subsequently produced while the employee’s asylum seeker application is still pending.

Work and study

Under the Refugees Amendment Act, asylum seekers will no longer have the automatic right to work and study. This right would only be ‘endorsed’ on an asylum seeker permit following an assessment process to determine whether the applicant could support themselves in any way. If an employer fails to provide such a letter to the Department of Home Affairs, an employer risks paying a fine of up to R20 000.

Children

An immigration official will also be able to demand a paternity test from an asylum seeker who wishes to enter South Africa with his children. Failure will result in the child or children being handed over to social workers.

Political activity

The amendments also include the ban on engaging in political activity. The regulations forbid refugees and asylum seekers from engaging in any political activity, even if it concerns issues in their home countries. Apart from the ban on political activity, the regulations also ban refugees and asylum seekers from visiting their home countries or visiting their local embassies in South Africa.

If you’re looking for assistance with your visa, we’re here to help! By using an immigration consultant, you also get the peace of mind of knowing that your application is in the hands of someone up to date on all immigration legislation. Our immigration consultants know relocation procedures back to front.

If you’re looking to use an Immigration consultant for all your immigration needs, make sure you get in touch with us today!

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Andrew Wicks

Andrew Wicks

Over the past 11 years, Andrew’s entrepreneurial spirit, as well as his business acumen, has led to the establishment of small to medium enterprises worldwide. Promising opportunities in the fields of IT, mobile distribution and advertising (amongst others) have been converted into successful business units in a variety of global markets. Andrew returned to South Africa after seven years in Europe to found Initiate International. He remains totally hands-on and has expanded the company across three continents.

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