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Johannesburg - The newly gazetted immigration regulations had an array of shortcomings which would make it impossible to apply for a work visa or any other visa, the Forum of Immigration Practitioners (FIPSA) said on Monday.
There were a number of issues that would emerge when the regulations were fully tested, FIPSA chairman Gershon Mosiane said.
The regulations, which came into effect on Monday, introduce a new visa regime for South Africa.
Mosiane said Section 46 which dealt with representation by a professional like an immigration practitioner, lawyer or advocate, had been repealed, which opens the field to any unqualified person.
He said this was irrational and against general policy with respect to professional registrations.
“Spouses, whether married or in a common law relationship, will have to prove a two year relationship before application, which is unconstitutional,” Mosiane said.
There were no prescribed fees in the regulations, he said. Mosiane said the financial means requirement to apply for a retirement permit had not been published.
“Spouses of work permit holders are excluded from applying for certain permits in South Africa and would have to apply from abroad, which is irrational and unconstitutional,” he said.
Business permit categories required for these applicants were not available, Mosiane said.
“FIPSA believes that these matters can only be resolved by the intervention of the courts as the implementation date was on Monday, and just three days after being published, so many parties will be prejudiced by the lack of preparedness and legal defects in the regulations,” he said.