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Name: Aliens Control Act, No. 96 of 1991
Country: South Africa
Subject(s): Migrant workers
Type of legislation: Law, Act
Adopted on: 1991-10-01
Entry into force:
Published on: Photocopy, 64 p.
ISN: ZAF-1991-L-38857
Bibliography: Photocopy, 64 p.
Abstract/Citation: 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 Temporary residence permits may be withdrawn at the discretion of the Minister of Home Affairs.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.
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