The Forum of Immigration Practitioners (FIPSA) has declared that the new Immigration Regulations, published on 23 May, contain an array of shortcomings which effectively make it impossible to apply for a work visa or other visa. The regulations, which became effective on Monday 26 May, do not contain a number of essential elements for them to become effective.
According to Gershon Mosiane, FIPSA chairperson, there are a number of obvious issues which stand out at a first reading, and a number of more complex matters which will emerge when these regulations have been fully tested.
Mosiane lists the issues as:
* Section 46, which dealt with representation by a professional like an immigration practitioner, lawyer or advocate, has been repealed, which opens this field any unqualified person, which is irrational and against general policy with
respect to professional registrations;
* Spouses, whether married or in a common law relationship, will have to prove a two-year relationship before application, which is unconstitutional;
* There are no prescribed fees in the regulations;
* The Critical Skills list, required for applicants in this category, is still not available;
* The financial means requirement to apply for a retirement permit has not been published;
* Business Permit categories required for these applicants are not available; and
* Spouses of work permit holders are excluded from applying for certain permits in South Africa and would have to apply from abroad, which is irrational and unconstitutional.
Mosiane states: “FIPSA believes that these matters can only be resolved by the intervention of the courts as the implementation date was Monday 26 May – and just three days after being published – so many parties will be prejudiced by the lack of preparedness and legal defects in the regulations.”
