Tighter immigration rules could harm asylum seekers, gay couples

The government is proposing tighter rules on immigration that nongovernmental organisations believe could cause practical difficulties for asylum seekers, migrants and foreign spouses trying to get into or stay in South Africa.

Several refugee rights organisations have submitted their objections and suggestions on the draft immigration regulations, saying that some groups would be adversely affected.

One of the changes requires immigrants to prove that a heterosexual or homosexual relationship has existed for five years before a spousal visa can be issued.

Lawyers for Human Rights (LHR) submitted that the timeframe was "unreasonable and unnecessarily harsh", and pointed out there was already a five-year waiting period for spouses and life partners to be able to apply for permanent residence.

"There should not be any additional waiting periods for people to prove that they have been in permanent relationships for five years to qualify to apply for a spousal visa," they said.

"Under the proposed draft regulations, if South African citizens travel abroad and marry someone, when they return they will not be able to get a spousal permit unless they prove that their relationship has been in existence for five years," said Kaajal Ramjathan-Keogh, head of the Refugee and Migrant Rights Project for LHR.

LHR also said obtaining proof of homosexual relationships may be impossible. There are 83 countries that have declared homosexuality illegal, and admitting to such a relationship could be a criminal offence.

Immigrants are also required to provide a residential address when they enter the country. The Agency for Refugee Education, Skills Training and Advocacy submitted to the department that this was easy enough for migrants visiting relatives in South Africa, but also assumed literacy and organisational skills on the part of the persons entering the country. It suggested that an express exception be made for those actively seeking asylum.

"There is no room left for those that are coming to the republic for the first time, with no relative or friends in the republic," the agency said. "This is extremely problematic for asylum seekers who are fleeing their countries as they most likely do not have a preorganised place of residence, nor any contact persons in the republic with whom they can stay."

Asylum seekers will also now only have five days, rather than two weeks, to report to a refugee reception office and lay an asylum claim. Currently there are only three reception offices where first-time migrants can lay a new asylum claim: Musina, Durban and Marabastad.

The Department of Home Affairs closed public submissions on the draft immigration regulations on February 28 and a department official said Minister Naledi Pandor still had to consider the submissions.