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Heads-up: New SA Immigration rules for kids

Heads-up: New SA Immigration rules for kids

Old Feb 20, 2015, 11:55 am
  #61  
 
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Eish, South Africa at it's best!

This whole debacle has me spending the extra $105 to update kiddo's passport with a more current photo. I can see someone having issue with a preschooler in front of them and the passport has a photo of a newborn.

You just never know.
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Old Feb 25, 2015, 11:03 am
  #62  
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"The review of South Africas new visa regulations will not be a dialogue between the Department of Home Affairs and the Department of Tourism alone and follows a decision taken at a meeting of Cabinet, says Tourism Minister, Derek Hanekom. Speaking to Tourism Update on the sidelines of Meetings Africa, the Minister said: The Minister of Trade and Industry has an interest [as does] the Minister of Foreign Affairs. He added that a meeting would be convened at a high level, probably by the Deputy President. The purpose of the review is to relook at the unabridged birth certificate requirement and the visa regulations to find a way to strike the right balance, said Hanekom,"

Source

Johan
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Old Mar 13, 2015, 2:26 pm
  #63  
 
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I am traveling with my 17 year old to SA (mid July). A court order? Really? Would a letter from my spouse giving permission to travel while also stating he grants full custody be sufficient? It would of course be certified by commissioner of oaths. I am struggling to wrap my head around this "rule". Anyone from the US gone through this process?

"A court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child"
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Old Mar 13, 2015, 10:20 pm
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I think you just need a certified letter from your spouse and your son's birth certificate.

The court order is for cases where you can't get a letter.
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Old Mar 17, 2015, 12:01 pm
  #65  
 
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Originally Posted by xcape2usa
I am traveling with my 17 year old to SA (mid July). A court order? Really? Would a letter from my spouse giving permission to travel while also stating he grants full custody be sufficient? It would of course be certified by commissioner of oaths. I am struggling to wrap my head around this "rule". Anyone from the US gone through this process?

"A court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child"
You're misreading it. Court order is necessary in case one parent is unavailable or one parent has full legal custody of the child. Husband needed his custody papers for traveling with his minor children to Canada without the mother's permission.

If you are married and the father is not traveling with you, your child will need a passport, birth certificate listing both parents and notarized consent letter from the person listed as the father.

If the letter cannot be obtained, you'll need a death certificate of the father (if applicable) or court order granting full parental responsibility to the mother or legal guardianship papers.

ETA: The consent letter is really nothing new. Many countries require it.
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Old Mar 30, 2015, 3:38 pm
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Court Order or not

The law is really confusing as written- this is off the SAA website- and it mirrors the Home Affairs one:
Regulation 6 (12)(b):
In the case of one parent travelling with a child, he or she must produce an unabridged birth certificate and:
i. Consent, in the form of an affidavit from the other parent registered as a parent on the birth certificate of the child, authorizing him or her to enter into or depart from the Republic of South Africa with the child he or she is travelling with;
ii. A court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child; or
iii. Where applicable, a death certificate of the other parent registered as a parent of the child on the birth certificate,

The way it reads suggests I need the birth certificate, the affidavit and the court order; the legislation is missing the word OR at the end of sub-paragraph I.
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Old Apr 23, 2015, 8:14 am
  #67  
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Dept unlikely to delay regulations for children

"The requirement that children under the age of 18 travelling to, through and from SA produce an unabridged birth certificate is expected to be implemented on June 1, despite calls for a postponement or for the requirement to be scrapped.

To make sure the implementation happens smoothly, the DHA is developing Standard Operating Procedures (SOPs), which will be used by immigration officials at ports of entry.
"

Source

Smoothly? Keep dreaming!

Johan
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Old Apr 26, 2015, 5:12 am
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Heads-up: New SA Immigration rules for kids

What's the latest on this? We are a family of four travelling to South Africa in late June. Due to work commitments it looks like I will need to meet the family in South Africa. As long as my wife has the following, I presume we will be ok:

1. Passports for the three of them
2. Birth certificates for the kids showing the names of both parents
3. A notarised latter from me allowing her to take the kids to South Africa

Am I missing anything?

Thanks
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Old Apr 27, 2015, 5:41 am
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Originally Posted by theassassin
What's the latest on this? We are a family of four travelling to South Africa in late June. Due to work commitments it looks like I will need to meet the family in South Africa. As long as my wife has the following, I presume we will be ok:

1. Passports for the three of them
2. Birth certificates for the kids showing the names of both parents
3. A notarised latter from me allowing her to take the kids to South Africa

Am I missing anything?

Thanks
I would have those ready even if the new legislation gets delayed again and yes that list should meet the published requirements.
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Old Apr 28, 2015, 1:28 pm
  #70  
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"The travel trade community of North America has appealed to Tourism Minister Derek Hanekom for clarity regarding new regulations for children travelling into South Africa.

The association has also warned that, with implementation less than five weeks away, the impact of the prevailing confusion is already being felt. The uncertainty regarding the new regulations has already forced families and schools to choose alternative destinations for this summer. Existing bookings are at risk of being cancelled and there is a suspension of forward bookings as result, the association says.
"

Source

Johan
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Old May 1, 2015, 12:55 pm
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What about for an adopted child from China? They don't actually have a real birth certificate. Certainly not in the name they now have on their passports.

hmmm....that could pose some issues.
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Old May 3, 2015, 9:42 am
  #72  
 
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Originally Posted by mkjr
What about for an adopted child from China? They don't actually have a real birth certificate. Certainly not in the name they now have on their passports.

hmmm....that could pose some issues.

Regulations such as this are put in place to try to prevent international kidnappings, by one parent or by traffickers. Documents are to assure officials that the child is traveling with a person who is authorized by both custodial parents.
As the parent of a precious child, aren't you pleased that one more government is trying to do something (however confusing initial implementation may appear), rather than risk your child? Focus on that (and stop quibbling about details, particularly just to be devil's advocate).

What does the child have in lieu of "a real birth certificate" to serve in all other instances when a person might need one? That, with the adoption certificate (with parents' names), should fulfill the intent of the regulation.
Hmmmm........ ?
Why not contact the Consulate to clarify your personal situation if you have doubts?

Last edited by VidaNaPraia; May 3, 2015 at 9:52 am
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Old May 3, 2015, 1:20 pm
  #73  
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Originally Posted by VidaNaPraia
aren't you pleased that one more government is trying to do something
In this case, no. It is the South African goverment we are talking about here.

Johan
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Old May 3, 2015, 6:55 pm
  #74  
 
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Originally Posted by mkjr
What about for an adopted child from China? They don't actually have a real birth certificate. Certainly not in the name they now have on their passports.

hmmm....that could pose some issues.
I know for domestic adoptions, adoptive parents can some times get an amended birth certificate issued to them. Would it be possible to get something like an amended consular report of birth abroad?
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Old May 3, 2015, 7:00 pm
  #75  
 
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Originally Posted by VidaNaPraia
Regulations such as this are put in place to try to prevent international kidnappings, by one parent or by traffickers. Documents are to assure officials that the child is traveling with a person who is authorized by both custodial parents.
As the parent of a precious child, aren't you pleased that one more government is trying to do something (however confusing initial implementation may appear), rather than risk your child? Focus on that (and stop quibbling about details, particularly just to be devil's advocate).

What does the child have in lieu of "a real birth certificate" to serve in all other instances when a person might need one? That, with the adoption certificate (with parents' names), should fulfill the intent of the regulation.
Hmmmm........ ?
Why not contact the Consulate to clarify your personal situation if you have doubts?
These regulations aren't doing anything to stop child trafficking. The vast majority of kidnapped children being trafficked will never get on a plane and enter a country via an official immigration channels.

Secondly, how on earth is the average South African immigration official ever going to determine the validity of any of these documents? The permission letter is just a letter, any fool with microsoft word and a printer can whip one up in 5 seconds.

And I don't think any South African immigration official have ever seen a birth certificate issued by they State of Alaska (where my child was born). How on earth is he going to validate that 1. That's a valid, real birth certificate and 2. It really belongs to the child in front of him and the parents listed are actually his real parents and 3. The permission letter was really sign by the other parent listed on the birth certificate.
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