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South Africa > Migrant workers

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Country: South Africa - Subject: Migrant workers

  1. South Africa - Migrant workers - Law, Act

    Refugees Amendment Act (Act No. 11 of 2017). - Legislation on-line

    Adoption: 2017-12-14 | ZAF-2017-L-108810

    To amend the Refugees Act, 1998, so as to amend and insert certain definitions; to include further provisions relating to disqualification from refugee status; to provide for integrity measures to combat fraud and corruption among staff members at Refugee Reception Offices, the Standing Committee and the Refugee Appeals Authority; to omit provisions referring to the Status Determination Committee; to substitute certain provisions relating to the Refugee Appeals Authority; to provide for the re-establishment of the Standing Committee for Refugee Affairs and to confer additional powers on the Standing Committee; to confer additional powers on the Director-General; to clarify the procedure relating to conditions attached to asylum seeker visas and abandonment of applications; to revise provisions relating to the review of asylum applications; to provide for the withdrawal of refugee status in respect of categories of refugees; to provide for additional offences and penalties; to provide for transitional provisions; and to provide for matters connected therewith.

  2. South Africa - Migrant workers - Law, Act

    Immigration Amendment Act, 2016 [Act No. 8 of 2016]. - Legislation on-line

    Adoption: 2016-09-26 | ZAF-2016-L-104333

    To amend the Immigration Act, 2002, so as to provide for an adequate sanction for foreigners who have overstayed in the Republic beyond the expiry date on their visa; and to provide for matters connected therewith.

  3. South Africa - Migrant workers - Law, Act

    Refugees Amendment Act, 2015 (Act No. 10 of 2015). - Legislation on-line

    Adoption: 2015-09-23 | ZAF-2015-L-101595

    To amend the Refugees Act, 1998, so as to confer a discretion upon the Refugee Appeals Authority to allow the public and the media access to its proceedings in appropriate cases; and to provide for matters connected therewith.

  4. South Africa - Migrant workers - Law, Act

    Refugees Amendment Act, 2011 (Act No. 12 of 2011). - Legislation on-line

    Adoption: 2011-08-21 | ZAF-2011-L-89623

    To amend the Refugees Act, 1998, so as to amend, insert and delete certain definitions; to clarify how applications for refugee status rejected as manifestly unfounded and unfounded must be dealt with; to empower the Director-General to establish the Status Determination Committee; to revise the provisions relating to withdrawal of refugee status; and to provide for matters connected therewith.

  5. South Africa - Migrant workers - Law, Act

    Immigration Amendment Act, 2011 [Act No. 13 of 2011]. - Legislation on-line

    Adoption: 2011-08-21 | ZAF-2011-L-89624

    To amend the Immigration Act, 2002, so as to substitute certain words of the Preamble to the Act; to delete, insert or substitute certain definitions; to revise provisions relating to the Immigration Advisory Board; to revise provisions relating to the making of regulations; to provide for the designation of ports of entry; to revise provisions relating to visas for temporary sojourn in the Republic and for the procedures with regard thereto; to provide for the mandatory transmission and use of information on advance passenger processing; to provide for the transmission of passenger name record information; to revise provisions relating to permanent residence; to revise penal provisions; to correct certain important technical aspects in the text of the Act; and to provide for matters connected therewith.

  6. South Africa - Migrant workers - Law, Act

    Refugees Amendment Act, 2008 (Act No. 33 of 2008). - Act on-line

    Adoption: 2008-11-26 | ZAF-2008-L-80019

    Amends the Refugees Act, 1998, so as to amend, insert and delete certain definitions; to provide for delegation of powers; to provide for certain matters with regard to the establishment of Refugee Reception Offices; to provide for the dissolution of the Standing Committee for Refugee Affairs and the Refugee Appeal Board; to provide for the establishment of the Refugee Appeals Authority; to provide for the clarification and revision of procedures relating to refugee status determination; to provide for obligations and rights of asylum seekers; and to provide for the repeal of certain obsolete provisions.

  7. South Africa - Migrant workers - Law, Act

    Immigration Amendment Act, 2007 [Act No. 3 of 2007]. - Act on-line

    Adoption: 2007-07-18 | ZAF-2007-L-77169

    Amends the Immigration Act, 2002, so as to define certain words and to substitute a definition. Provides for the clarification and revision of procedures and permits with regard to admission to, residence in and departure from the Republic.

  8. South Africa - Migrant workers - Regulation, Decree, Ordinance

    Immigration Regulations (No. R. 616). - Regulation on-line Regulation on-line

    Adoption: 2005-06-27 | Date of entry into force: 2005-07-01 | ZAF-2005-R-72312

    Includes provisions on passports, operations of the board, admission and departure (section 6), temporary residence (section 7), visas and transit visas (section 8), business permit (section 12), crew permit (section 13), relatives permit (section 15), work permit (section 16), corporate permit (section 18), permanent residence (section 22), prohibited persons (section 24), undesirable persons (section 25), illegal foreigners (section 26), inspectorate (section 27), deportation and detention of illegal foreigners (section 28), employment (section 30) and immigration practitioners (section 34). ANNEXURE B contains provisions on the minimum standards of detention and ANNEXURE C contains the Code of Conduct for Immigration Practitioners.

  9. South Africa - Migrant workers - Regulation, Decree, Ordinance

    Regulations on Fees, 2005 (No. R 615). - Regulation on-line

    Adoption: 2005-06-27 | Date of entry into force: 2005-07-01 | ZAF-2005-R-72317

    Contains provisions concerning fees payable by persons entering or exiting the country for the overtime of immigration officers. Also contains provisions concering application fees for permits and visas.

  10. South Africa - Migrant workers - Law, Act

    Immigration Amendment Act, 2004 [No. 19 of 2004]. - Act No. 19 of 2004

    Adoption: 2004-10-18 | ZAF-2004-L-69532

    Substantially amends the Immigration Act 2002 by, inter alia, amending the composition and functions of the Immigration Advisory Board and repealing the provisions concerning the Immigration Court. Revises procedures for admission, residence and departure from the Republic. Provides clarification concerning the powers of immigration officers and the appointment, powers and duties of inspectors. Amends the provisions concerning the issuance of quota, general, exceptional skills and inter-company transfer work permits.

  11. South Africa - Migrant workers - Regulation, Decree, Ordinance

    Immigration Act (13/2002): Immigration Regulations (Notice 487 of 2003).

    Adoption: 2003-02-21 | ZAF-2003-R-66197

    Provides for implementation of Immigration Act 2002. Inter alia deals with appointment of immigration officers, marriage, passports, ports of entry, visa, immigration advisory board, adjudication and review procedures, admission and departure, temporary residence permit, visitor's permit, deposit and financial guarantee, diplomatic permit, study permit, treaty permit, business permit, crew permit, medical treatment permit, relative's permit, work permit, retired person permit, corporate permit, exchange permit, asylum permit, permanent residence, prohibited persons, undesirable persons, illegal foreigners, as well as several related matters.

  12. South Africa - Migrant workers - Regulation, Decree, Ordinance

    Immigration Regulations (No. R. 1480).

    Adoption: 2002-11-25 | ZAF-2002-R-63379

    Made under Immigration Act 2002. Comprehensive legislation on immigration. Inter alia deals with appointment of immigration officers, marriage, passports, ports of entry, spousal affidavit, visa, admission and departure, temporary residence permits, visitor's permit, diplomatic permit, study permit, treaty permit, business permit, crew permit, medical treatment permit, relative's permit, work permit, retired person permit, exchange permit, asylum permit, permanent residence, prohibited persons, undesirable persons, and illegal foreigners.

  13. South Africa - Migrant workers - Law, Act

    Immigration Act, 2002 [Act No. 13 of 2002]. - Act online

    Adoption: 2002-05-31 | ZAF-2002-L-62432

    Comprehensive legislation on immigration. Part I sets forth objectives and structures of immigration control. Part II regulates admission and departure. Part III deals with temporary residence; Part IV with permanent residence. Part V provides for exclusions and exemptions, Part VI for enforcement and monitoring, Part VII for immigration courts, and Part VIII for duties and obligations. Final parts contain miscellaneous and transitional provisions.

  14. South Africa - Migrant workers - Law, Act

    Refugee Act 1998 (130 of 1998).

    Adoption: 2000-04-06 | Date of entry into force: 2000-04-01 | ZAF-2000-L-56828

    Comprehensive legislation on refugees. Regulates application for asylum; adjudication process, time periods and conditions; duties of refugee reception officers; disclosure of information and surrender of documents; Asylum Seeker Permit; failure to appear, withdrawal of Asylum Seeker Permit, and detention; as well as several related matters.

  15. South Africa - Migrant workers - Law, Act

    Refugees Act, 1998 (Act No. 130 of 1998). - Act on-line

    Adoption: 1998-12-02 | ZAF-1998-L-51659

    Sets forth the criteria for refugee status and procedures for applying for asylum, and prohibits the expulsion of persons who would face danger if they were returned to their country of origin. Provides for the establishment of Refugee Reception Offices, a Standing Committee for Refugee Affairs, and an Appeal Board. Chapter 5 sets forth the general rights of refugees, which shall include written recognition of refugee status, legal protection, access to basic health care and education, and identity and travel documents. Refugees shall furthermore be entitled to seek employment and to apply for an immigration permit.

  16. South Africa - Migrant workers - Regulation, Decree, Ordinance

    Regulations on Aliens Control (No. R 999).

    Adoption: 1996-06-28 | Date of entry into force: 1996-07-01 | Date of partial entry into force: 1996-12-01 | ZAF-1996-R-44791

    Regulations governing examination of arriving persons, visas, and immigration permits.

  17. South Africa - Migrant workers - Regulation, Decree, Ordinance

    South African Passports and Travel Documents Regulations, 1996 (No. R. 784 of 1996).

    Adoption: 1996-05-10 | Date of entry into force: 1996-05-22 | ZAF-1996-R-44390

  18. South Africa - Migrant workers - Law, Act

    Aliens Control Amendment Act, 1995 (No. 76 of 1995).

    Adoption: 1995-09-28 | ZAF-1995-L-43432

    Amends the Aliens Control Act, 1991. Inter alia, clarifies definition of "customary union" and "marriage" for the purpose of immigration procedures, and regulates anew the administration of the Immigrants Selection Board, as well as the issue of residence and immigration permits. Also provides new regulations concerning the punishment and removal of persons not complying with immigration regulations.

  19. South Africa - Migrant workers - Law, Act

    Home Affairs Laws Rationalisation Act, 1995 (No. 41 of 1995).

    Adoption: 1995-08-30 | ZAF-1995-L-41944

    Inter alia, applies the Aliens Control Act, 1991, throughout the Republic. Attached Schedule lists legislation repealed by this Act.

  20. South Africa - Migrant workers - Law, Act

    Aliens Control Amendment Act, 1993 (No. 3 of 1993)

    Adoption: 1993-02-26 | ZAF-1993-L-38895

    The provisions that any person entering the Republic shall produce a valid passport have been amended. The rules regarding the invalidity and cancellation of permits have been amended. The provisions concerning the penalty to be imposed in respect of certain offences have been amended.

  21. South Africa - Migrant workers - Law, Act

    Aliens Control Act, No. 96 of 1991

    Adoption: 1991-10-01 | ZAF-1991-L-38857

    This Act regulates foreigners' right to admission to, residence in and departure from South Africa. Since 1994-01-01 inhabitants in Bophutatswana, Vena, Ciskei and Tanskei are no longer considered foreigners. Admission to South Africa presupposes holding a valid passport with a visa or an appropriate endorsement. The latter requirement may be waived by the Minister of Home Affairs at his absolute discretion. The Minister may also discretionarily annul granted visas or endorsements. Transit through the country is also subject to a visa requirement. Entry may only take place at certain determined ports of entry. Residence requires a permit. Temporary residence permits are issued by an immigration officer upon application prior or after entry. Permits are issued for specific purposes and time-periods and may be subjected to additional conditions. The permits can be extended to include a spouse, dependent child or domestic employee of the applicant. A fixed deposit or a guarantee may be required in order to ensure compliance with the terms of the permit. Temporary residence permits may be withdrawn at the discretion of the Minister of Home Affairs. Permanent residence requests are considered and granted at the entire discretion of an "Immigrants Selection Board", whose members are chosen and appointed by the Minister of Home Affairs. A permanent residence permit may be refused an applicant who is likely to pursue an occupation in which a sufficient number of persons are already engaged, while a permit should be granted the spouse, dependent child or other dependent relative to a lawful resident in South Africa. Emigration also presupposes obtaining a permit. Such a permit shall be granted for permanent migration and may be granted for temporaray stays abroad. Vocational traning may to be offered anyone who has not a temporary or permanent residence permit. Offences against the act are criminally sanctioned and undesireable persons may be deported.

  22. South Africa - Migrant workers - Regulation, Decree, Ordinance

    Aliens Control Regulations

    Adoption: 1991-09-13 | ZAF-1991-R-39228

    Regulates, mainly by issuing specific forms, matters relating to entry, deportation, the issuance of visas, examination and control of ships, temporary residence, departure, diseases affecting the right of entry as well as penalties for non-observance of prescribed rules and regulations. [Repeals regulations issued 1963-1987 on the same matter.]

  23. South Africa - Migrant workers - Law, Act

    Basic Conditions of Employment Act (No. 3 of 1983) [as amended through Basic Conditions of Employment Amendment Act, No. 137 of 1993]

    Adoption: 1983 | Date of entry into force: 1983-06-01 | ZAF-1983-L-39232

    Regulates conditions of employment of certain categories of employees (including domestic workers). Issues regulated include maximum working hours, meal intervals, overtime, work on Sundays and on public holidays, minimum annual leave, sick leave, and termination of contracts of employment. As of 1993-09-01 farming activities are regulated separately. The Act is applicable to migrant workers. Regularly updated in: South African Labour Law, eds. Clive Thompson and Paul Benjamin (Kenwyn: Juta and Co.). Available in DOC.NORMES.

  24. South Africa - Migrant workers - Law, Act

    Wage Act 1957 (No. 5 of 1957)[as amended through Transfer of Powers and Duties of the State President Act, No. 97 of 1986]

    Adoption: 1957 | Date of entry into force: 1957-08-15 | ZAF-1957-L-39231

    Consolidates and amends the law relating to the establishment of a wage board, the determination of terms and conditions of employment and other incidental matters. Does not apply to, inter alia, employment in farming or in domestic service in private households, public servants, or to employees within the public educational system. The Act is applicable to migrant workers. Updates available in: South African Labour Law, eds. Clive Thompson, Paul Benjamin (Kenwyn: Juta & Co.).


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