Introduction
We’re excited to share some recent news regarding one of our South African cases! We have just collected a successful permanent residence application based on a South African child.
Although this might not be groundbreaking news (other immigration firms have seen similar cases), it’s a reassuring confirmation that the Department of Home Affairs is aligning with key legal changes and recent constitutional court decisions focused on family unity.
Background
If you’re a foreign parent with a child who is a South African citizen, you can now apply for permanent residency right away. This is not just a policy change; it’s about recognising and respecting the bond of family. We’ve just seen this policy in action with a successful permanent residency outcome, and it feels like a big step forward.
Why This Matters
This is important, especially for couples who haven’t hit that five-year marriage mark yet. Previously, you would need to be married for five years to a South African citizen to apply for permanent residency based on their marriage.
But now, if your child is a South African citizen, you can skip that waiting period. It’s quicker, more straightforward, and frankly, it’s safer than the spousal route, which can get complicated if the marriage ends in divorce.
Protecting Foreign Parents’ Rights
This move is perfectly in sync with the latest constitutional court judgments, which are all about protecting the rights of foreign parents, even those on temporary residency. It’s about the right to live and work in South Africa without constant uncertainty, and the unity of family.
Conclusion
Seeing the Department of Home Affairs following clear amendments to the law is a breath of fresh air and should be commended. This is a big win for families and a positive step in the right direction for South African immigration policy. It’s a move that respects the importance of family unity and gives foreign parents the stability they need.
Written by Simon Carletti, PR and Creative Supervisor
