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FOREIGN PARENTS QUALIFY FOR PERMANENT RESIDENCE ON THE BASIS OF A MINOR CHILD

In terms of Section 27(g) of the Immigration Act of 2002, the Director-General may issue a permanent residence permit to a foreigner of good and sound character who is the relative of a SA citizen or permanent resident within the first step of kinship.

However, Regulation 23(7) of the Immigration Act determined that in the case of an application for a permanent residence permit in terms of Section 27(g), the South African citizen or permanent resident (referring to the minor child) shall satisfy the Director-General that he or she is able and willing to support and maintain the foreign relative making the application.

Based on the above regulation, all applications for a permanent residence permit based on a minor child were rejected by the Department of Home Affairs for the following (or similar) reason:

“Your dependant is not in a position to assume financial, emotional, medical, and physical responsibility for you because he/she is a minor child.  You are unable to fulfil the above requirement and satisfy the Director-General accordingly and therefore do not qualify for permanent residence in terms of Section 27(g) of the Immigration Act”.

On 29 January 2020 the High Court of South Africa confirmed in an order against the Department of Home Affairs that Regulation 23(7) has been deleted and is no longer applicable.

As a result, a foreign national parent will from now on be able to apply for and be issued with a permanent residence permit in terms of Section 27(g) of the Immigration Act – based on their minor SA citizen or PR holder child.

Please do not hesitate to contact us should you have any questions regarding this latest update……