South Africa
Immigration Act, 2002
Act 13 of 2002
- Published in Government Gazette 23478 on 31 May 2002
- Assented to on 30 May 2002
- There are multiple commencements
- [This is the version of this document from 9 August 2015.]
Provisions | Status |
---|---|
Section 7, section 52 | commenced on 20 February 2003 by Proclamation R13 of 2003. |
Section 4 | commenced on 26 February 2003 by Proclamation R13 of 2003. |
Section 1–3, section 5–6, section 8–36, section 38–51, section 53–55 | commenced on 12 March 2003 by Proclamation R13 of 2003. |
Section 4(2)(a)(i), 4(2)(a)(ii), 4(2)(a)(iii), 4(2)(a)(iv), 4(2)(a)(v), 4(2)(a)(vi), section 5(a)(i), 5(a)(ii), 5(a)(iii), section 7(1)(d), 7(1)(e), 7(1)(f), 7(1)(g), 7(1)(h), 7(1)(i), 7(1)(j), 7(1)(k), 7(1)(l), 7(1)(m), 7(1)(n), 7(1)(o), 7(1)(p), 7(4)(a), 7(4)(b), 7(5), section 8(1)(a), 8(1)(b), 8(6), 8(7), section 9(3)(e), section 10(7), 10(8), 10(9), 10(10), section 10A, section 10B, section 11(6), section 21(2)(a)(i), 21(2)(a)(ii), section 23(1), 23(2), section 24(2)(a), 24(2)(b), section 29(1)(f), section 31(3), section 33(2)(a), 33(2)(b), 33(2)(c), section 34(11), section 35(3)(aa), 35(3)(bb), 35(7)(a), 35(7)(b), 35(8), section 40(3), section 41(1), 41(2), section 49(13), 49(14), 49(15), 49(16) | commenced on 1 July 2005. |
Section 9A, section 10(2)(a), 10(2)(b), 10(2)(c), 10(2)(d), 10(2)(e), 10(2)(f), 10(2)(g), 10(2)(h), 10(2)(i), 10(2)(j), 10(2)(k), 10(2)(l), 10(6)(a), 10(6)(b), section 10A(2)(a), 10A(2)(b), section 11(1)(b)(i), 11(1)(b)(ii), 11(1)(b)(iii), 11(1)(b)(iv), section 15(1)(c)(i), 15(1)(c)(ii), 15(1A), section 20(1A), section 21(1A), 21(6), section 22(b)(iv), section 28(a)(i), 28(a)(ii), section 30(1)(h), section 35(2)(c), 35(4)(a), 35(4)(b), 35(5)(a), 35(5)(b), 35(5)(c), 35(5)(d), 35(9), 35(10), section 50(4) | commenced on 26 May 2014. |
Section 29(1A), 29(1B), section 35(5)(e), 35(5A), section 37, section 49(15)(c) | not yet commenced. |
- [Amended by Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) on 27 April 2004]
- [Amended by Immigration Amendment Act, 2004 (Act 19 of 2004) on 1 July 2005]
- [Amended by Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) on 16 December 2007]
- [Amended by Immigration Amendment Act, 2007 (Act 3 of 2007) on 26 May 2014]
- [Amended by Immigration Amendment Act, 2011 (Act 13 of 2011) on 26 May 2014]
- [Amended by Prevention and Combating of Trafficking in Persons Act, 2013 (Act 7 of 2013) on 9 August 2015]
1. Definitions and interpretation
Objectives and structures of immigration control
2. ***
[section 2 repealed by section 3 of Act 19 of 2004]3. Delegation of powers
4. Immigration Advisory Board
5. Functions of Board
The Board shall—6. ***
[section 6 repealed by section 7 of Act 19 of 2004]7. Regulations
8. Review and appeal procedures
Admission and departure
9. Admission and departure
9A. Place of entry or exit
Temporary residence
10. Visas to temporarily sojourn in Republic
[heading substituted by section 7(a) of Act 13 of 2011]10A. Port of entry visa
[heading substituted by section 8(a) of Act 13 of 2011]10B. Transit visas
11. Visitor’s visa
12. ***
[section 12 repealed by section 14 of Act 19 of 2004]13. Study visa
14. Treaty visa
15. Business visa
16. Crew visa
17. Medical treatment visa
18. Relative’s visa
19. Work visa
20. Retired person visa
21. Corporate visa
22. Exchange visa
An exchange visa may be issued by the Director-General to a foreigner—23. Asylum transit visa
24. ***
[section 24 substituted by section 25 of Act 19 of 2004 and repealed by section 16 of Act 13 of 2011]Permanent residence
25. Permanent residence
26. Direct residence
Subject to section 25 and any prescribed requirements, the Director-General may issue a permanent residence permit to a foreigner who—27. Residence on other grounds
The Director-General may, subject to any prescribed requirements, issue a permanent residence permit to a foreigner of good and sound character who—28. Withdrawal of permanent residence permit
[heading amended by section 29(a) of Act 19 of 2004]The Director-General may withdraw a permanent residence permit if its holder—Exclusions and exemptions
29. Prohibited persons
30. Undesirable persons
31. Exemptions
Enforcement and monitoring
32. Illegal foreigners
33. Inspectorate
34. Deportation and detention of illegal foreigners
35. Duties with regard to conveyances
36. ***
[section 36 repealed by section 37 of Act 19 of 2004]Immigration Courts
37. ***
[section 37 repealed by section 38 of Act 19 of 2004]Duties and obligations
38. Employment
39. Learning institutions
40. Keeping of registers of lodgers by certain persons
41. Identification
42. Aiding and abetting illegal foreigners
43. Obligation of foreigners
A foreigner shall—44. Organs of state
When possible, any organ of state shall endeavour to ascertain the status or citizenship of the persons receiving its services and shall report to the Director-General any illegal foreigner, or any person whose status or citizenship could not be ascertained, provided that such requirement shall not prevent the rendering of services to which illegal foreigners and foreigners are entitled under the Constitution or any law.[section 44 substituted by section 42 of Act 19 of 2004]45. Other institutions
Prescribed institutions or persons other than organs of state may, in the prescribed manner, be required to endeavour to ascertain the status or citizenship of the persons with whom they enter into commercial transactions, as prescribed, and shall report to the Director-General any illegal foreigner, or any person whose status or citizenship could not be ascertained, provided that such requirement shall not prevent the rendering of services or performance to which illegal foreigners and foreigners are entitled under the Constitution or any law.[section 45 substituted by section 43 of Act 19 of 2004]Miscellaneous
46. ***
[section 46 amended by section 47(b) of Act 19 of 2004 and repealed by section 23 of Act 13 of 2011]47. ***
[section 47 repealed by section 44 of Act 19 of 2004]48. Foreigners erroneously allowed to enter Republic
No illegal foreigner shall be exempt from a provision of this Act or be allowed to sojourn in the Republic on the grounds that he or she was not informed that he or she could not enter or sojourn in the Republic or that he or she was admitted or allowed to remain in the Republic through error or misrepresentation, or because his or her being an illegal foreigner was undiscovered.Offences
49. Offences
50. Administrative offences
Transitional provisions
51. Transitional definitions
In respect of sections 52 and 53 the following additional or different definitions shall apply, unless the context requires otherwise:52. Functions of Department and Board
53. Existing visas
54. Repeal of laws
55. Short title and commencement
History of this document
09 August 2015 this version
26 May 2014
Amended by
Immigration Amendment Act, 2007
Amended by
Immigration Amendment Act, 2011
Commenced
Read this version
16 December 2007
01 July 2005
27 April 2004
12 March 2003
Commenced by
Immigration Act, 2002: Commencement
26 February 2003
Commenced by
Immigration Act, 2002: Commencement
20 February 2003
Commenced by
Immigration Act, 2002: Commencement
30 May 2002
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Determination of Correctional Facilities as Temporary Places of Detention of Illegal Foreigners Pending Deportation, for the Duration of the Period of the National State of Disaster | Government Notice 512 of 2020 |
First Amendment of the Immigration Regulations, 2014 | Government Notice R1328 of 2018 |
Immigration Regulations, 2014 | Government Notice R413 of 2014 |
Second Amendment of the Immigration Regulations, 2014 | Government Notice R4588 of 2024 |
Second Amendment of the Immigration Regulations, 2014 | Government Notice R4847 of 2024 |
Second Amendment of the Immigration Regulations, 2014: Withdrawal | Government Notice R4723 of 2024 |
Cited documents 7
Legislation 7
1. | Constitution of the Republic of South Africa, 1996 | 4487 citations |
2. | Rules Board for Courts of Law Act, 1985 | 188 citations |
3. | Recognition of Customary Marriages Act, 1998 | 164 citations |
4. | Refugees Act, 1998 | 154 citations |
5. | South African Citizenship Act, 1995 | 111 citations |
6. | Marriage Act, 1961 | 108 citations |
7. | Civil Union Act, 2006 | 50 citations |
Documents citing this one 280
Judgment 144
Gazette 119
Legislation 16
Case summary 1
1. | Case Summary: S A v Minister of Home Affairs and Another; S J v Minister of Home Affairs and Another; B I v Minister of Home Affairs and Another |