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Concern as new regulations for travelling minors are introduced

5th September 2014

By: Anine Kilian

Contributing Editor Online

  

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The new immigration regulations, which came into effect in May this year, included provisions regarding the travelling of children and caused much concern for many South Africans and foreigners travelling to and from the country, law firm ENSafrica director of immigration Zahida Ebrahim said at an event in Johannesburg this month.

She noted at the event, during which the new immigration rules were discussed, that the new provisions placed an extra burden on parents who plan on travelling oversees with their children.

“The Department of Home Affairs (DHA) has postponed the implementation of this provision until October. However, this should not deter parents from becoming familiar with the additional requirements under the new regulations.” Ebrahim said this particularly included the stipulation that the parent of a travelling child must produce an unabridged birth certificate of the child.

She advised that parents apply for unabridged birth certificates as soon as possible because the process of obtaining the birth certificates could take between six and eight weeks.

Ebrahim further commented that, should only one parent travel with a child, consent in the form of an affidavit from the other registered parent was also required.

“Alternatively, either a court order granting full parental responsibilities and rights or legal guardianship in respect of the child, or a death certificate of the other parent registered on the birth certificate, must be produced,” she said.

Ebrahim added that, should a person who was not a child’s biological parent travel with the child, that person must produce a copy of the child’s unabridged birth certificate, an affidavit from both parents confirming permission for the child to travel, copies of passports of the parents or legal guardian and the contact details of the parents or legal guardian.

Further, she noted that a minor must also produce a letter from the person who was to receive the minor, containing the person’s residential address and contact details.

Ebrahim added that any child who was in alternative care, as defined in the Children’s Act 2005, and who wanted to leave the country, must produce a certified copy of a certified authori- sation letter from the provincial head of the Department of Social Development.

Edited by Martin Zhuwakinyu
Creamer Media Magazine Managing Editor

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