New immigration regulations have many shortcomings

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The Forum of Immigration Practitioners (FIPSA) says 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46 which dealt with representation by a professional like an immigration practitioner, lawyer or advocate, has been repealed, which opens this field to any unqualified person, which is irrational and against general policy with respect to professional registrations.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.
  
• 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," Mosiane says.