Navigating South Africa’s Permanent Residency pathways can be daunting for foreign nationals. Among the options available, the possibility of applying for Permanent Residency (PR) based on a minor child who is a South African citizen or permanent resident has long been shrouded in uncertainty. However, we’re pleased to confirm that this avenue is not only viable, but has become more accessible due to recent positive outcomes made available by the Dept. of Home Affairs. Let’s delve into what this means for you as a foreign parent with a South African minor child in the Republic.
Explaining the positive changes to Regulation 23
In November 2018, pivotal changes were introduced with the first amendments to Regulation 23. These amendments marked a significant milestone, notably by abolishing subregulation 23(7). This subregulation had previously mandated financial support from the child, posing considerable challenges for applicants. After all, it’s unrealistic to expect a minor child to provide evidence of financial support for their foreign parent.
By removing subregulation 23(7), the burden of demonstrating financial support from the child has been lifted. This fundamental amendment simplifies the application process, presenting new opportunities for foreign parents seeking to establish permanent residency in South Africa through their South African minor child.
Why the Uncertainty?
It’s worth noting that when the first amendments were gazetted, they were initially perceived as a “draft,” leading to confusion within the immigration community. However, through extensive discussions and thorough research, it became evident that these changes were indeed being implemented by Home Affairs, paving the way for a smoother application process for permanent residency through a South African minor child.
Furthermore, a correction notice was published, making the necessary change from: “Draft first amendment of the immigration regulations, 2014 made under the immigration act” to “First amendment of the immigration regulations, 2014 made under the immigration act.” This correction underscores the official implementation of the amendments and clarifies any previous uncertainties.
Conclusion
This permanent residency route is available, easing the process for foreign parents seeking permanent residency in South Africa through their South African minor child. These developments are a significant step forward in ensuring fairness and clarity in the immigration process, particularly concerning family reunification.
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