Immigration Act 13 of 2002
The Immigration Act governs the entry, residence, and departure of foreign nationals in South Africa. Enacted in 2002, it replaced the Aliens Control Act of 1991 and provides the modern legal framework for immigration. The Act establishes visa categories, permanent residence, and the powers of the Department of Home Affairs.
Legal area: Law governing the entry, residence, and status of foreign nationals.
Year enacted: 2002
Full text: https://www.gov.za/documents/south-africa-immigration-act-13-of-2002
Key Provisions
- Chapter 2: Visas including work visas, study visas, and relative’s visas
- Chapter 3: Permanent residence permits
- Chapter 4: Prohibition on illegal foreigners and deportation
- Chapter 5: Rights and obligations of foreigners in South Africa
- Section 11: Requirements for entry and residence
- Section 30: Deportation of illegal foreigners and undesirable persons
Significance
The Immigration Act is the primary statute governing immigration in South Africa. It has been the subject of significant litigation, particularly regarding the rights of asylum seekers and the implementation of immigration controls.