South African immigration law, as is the case in many other countries, is a complex matrix of laws, rules, policies and practices. In this age of not just heightened security, making incorrect or poor choices can be costly, in time and money and the sheer downtime of key personnel – or separating spouses and families. Competent advice from a practising attorney properly trained in the law can play a key role in guiding clients through what can appear to be a minefield…
The requirements for getting work and other permits to live and/or work in South Africa are a mix of laws (the Immigration Act and its Regulations) and policies as well as formal and informal practices that have been adopted by the Department of Home Affairs. One must also bear in mind that South Africa is a “common law” country – this means that decisions of the courts can also impact on these policies, practices and the laws. There is a perception that the Department conducts its self erratically, arbitrarily and irrationally. Because decisions are ultimately taken by human beings, errors and abuses can occur. But all too often problems with applications arise from persons misunderstanding the requirements of the legal and policy framework. Consequently they can apply for the inappropriate category of permit and/or supplying the incorrect documentation or using the incorrect forum. It goes without saying that this will result in a waste of money and equally valuable time. Sometimes too, it can result in persons being required to return to their country of origin. Attorneys are trained to advise their clients as to requirements of the law. Attorneys will have undergone anything from six years basic training before they are allowed to practice as an attorney. all practising attorneys are subject to the professional discipline of the statutory Law Societies and must be renew their licence annually, to practice and must have their trust (escrow) accounts audited annually. A further protection to members of the public is that all attorneys must carry professional indemnity insurance.