On 4 December 2023, the Constitutional Court of South Africa handed down a significant ruling in the case of Rayment and Others vs Minister of Home Affairs, which declared parts of the Immigration Act and Regulations unconstitutional.
In response, the Department of Home Affairs issued Immigration Circular 11 of 2024, which outlines new rights and procedures for foreign nationals who were in relationships with South African citizens or permanent residents, especially where children are involved.
What’s Changed?
- Foreign parents of South African children can now apply to regularise their stay in the country even if their spousal relationship has ended.
- These parents may also be allowed to work or run a business to support their child, a major shift from previous restrictions.
- Applications must be made within 3 months of the relationship ending, with some flexibility if good cause is shown.
- Pending applications will mean the current visa remains valid during processing.
This marks a step forward in protecting family life and the rights of children, and aligns immigration law more closely with constitutional principles.
📄 Read the full official release HERE
Need help understanding how this applies to your situation? Get in touch with our immigration experts today.
