The final immigration regulations coming into effect on Friday will help remove the problem of fraudulent marriages, the Department of Home Affairs said on Thursday.
Amendments to the immigration policy will mean that a foreigner wanting to obtain permanent residence by marrying a South African citizen should have a marriage in good faith for at least five years before the status was granted to them.
The Minister of Home Affairs, Nosiviwe Mapisa-Nqakula, said the regulations — which will be gazetted on Monday — further sought to discourage illegal migration into the country by encouraging foreign nationals to apply for different permits to legalise their stay.
”The Final Immigration Regulations will contribute towards boosting direct foreign investment, attraction of skills required by the economy, support the growth of tourism and support the emphasis and realisation of the goals of our foreign policies,” said Mapisa-Nqakula.
During the home affairs budget vote in April this year, Mapisa-Nqakula said these amendments would also eliminate the red tape burden placed on travellers.
Students from Africa applying for study permits would not have to pay a deposit, provided their governments agreed in writing to pay deportation expenses if it became necessary.
Workers whose work conditions were affected by immigration would benefit.
”Workers who are dismissed are also protected in that they are no longer forced to leave their country immediately, as they are now allowed time to take their case for conciliation or through the courts without relinquishing their right to be in the country,” she said.
These new regulations were a product of consultation between the Immigration Advisory Board, government departments, organs of civil society, business, non-governmental organisations, organised labour, academics and other stakeholders.
They followed the signing of the Immigration Amendment Act (Act no 19 0f 2004) into law by President Thabo Mbeki on October 12, 2004.
”Immigration is becoming a focus point for the determination of national priorities in the international arena,” said
Mapisa-Nqakula, adding that the new immigration regime in South Africa would contribute towards the development of an immigration system that responded to the developmental and socio-economic needs of South Africa and the continent.
She said government sought to create a credible immigration regime, which was effective, efficient, professional and friendlier in the facilitation of movement into and out of the country.
Amendments will also seek to ensure that xenophobia is prevented and countered. – Sapa