New visa laws sow confusion and anger

NEW immigration regulations have caused widespread confusion among immigration practitioners and lawyers.

Lawyer Craig Smith says he will institute legal action against former minister Naledi Pandor or her successor Malusi Gigaba for passing "xenophobic laws" which contradict each other and are riddled with errors. The regulations were gazetted on May 22.

While Home Affairs officials declined to comment yesterday, Smith said the new regulations meant that, for example, a foreigner married to a South African must return to his or her home country to apply for a spousal visa. The application must be lodged at the South African mission there.

"The reasons these changes, in my view, came about is because Home Affairs has not been efficient in how they managed backlogs. They are trying to remedy their failure by drastic law-making because they believe the fewer foreigners there are, the fewer backlogs," Smith said.

"The problem is it becomes unfriendly to investors."

He said the film and healthcare industry could suffer as a result.

Robbie Ragless – of New World Immigration South Africa – said the director-general for immigration services, Jackie McKay, had issued a directive at the weekend to start implementing sections pertaining to visas.

Rod Maxwell, chief executive of SA Migration International, said only officials in Cape Town had heeded the directive.

"There is confusion among some embassies, missions and even in the Department of Home Affairs. This morning [Wednesday] Cape Town officials were told to ignore the directive and revert to the old regulations."

Home Affairs spokesman Ronnie Mamoepa said a press conference would be held today to address concerns. - Nashira Davids