Definition

The Immigration Act 13 of 2002 — South Africa's primary legislation governing the entry, residence, and departure of foreign nationals.

Immigration Act — Act 13 of 2002

The Immigration Act (Act 13 of 2002) is the primary piece of legislation governing immigration in South Africa. It regulates the admission, residence, departure, and removal of foreign nationals.

Key Provisions

  • Chapter 2 — Temporary residence visas (work, study, business, spousal, etc.)
  • Chapter 3 — Permanent residence permits
  • Chapter 4 — Enforcement, deportation, and prohibited persons
  • Chapter 5 — General provisions and regulations

Immigration Regulations

The Act is supplemented by detailed Immigration Regulations, which prescribe specific requirements, forms, fees, and procedures. The regulations are periodically amended by the Minister of Home Affairs.

Recent Amendments

The Act has been amended several times since 2002. Significant changes include the introduction of the Critical Skills Visa category, changes to spousal visa requirements, and proposals for a points-based immigration system.

Proposed Immigration Bill

A new Immigration Bill has been under discussion to modernise the immigration framework. Key proposals include a points-based system, a trusted employer scheme, and streamlined processes for critical skills holders.

Related Terms

DHA

Department of Home Affairs — the South African government department responsible for immigration, civic services, and identification.

TRP

Temporary Residence Permit — a visa allowing a foreign national to reside in South Africa for a limited period and specific purpose.

PRP

Permanent Residence Permit — a permit granting a foreign national the right to live and work in South Africa indefinitely.

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