Best Immigration Lawyers in Johannesburg

About Immigration Law in Johannesburg, South Africa

Immigration law in Johannesburg, South Africa, is overseen by the Department of Home Affairs. The law outlines the rules and procedures for foreigners who are seeking entry, planning to stay, or aspiring to become citizens of South Africa. The laws cover various types of visas, refugee and asylum policies, immigrant rights, and issues related to citizenship. The Immigration Act No. 13 of 2002, as amended, is the primary legislation that governs immigration in Johannesburg and the entire country.

Why You May Need a Lawyer

Understanding immigration law can be challenging due to its inherent complex nature. Some situations where you might require legal assistance include applying for a work visa, dealing with deportation proceedings, applying for asylum, or bringing family members to South Africa. An immigration lawyer can help interpret the law, guide you through the complex immigration processes, and advocate on your behalf if necessary.

Local Laws Overview

Key aspects of immigration laws in South Africa that you should be aware of include:

• Visa Requirements: These vary depending on the purpose and duration of your stay. Categories include visitor's visas, study visas, work visas, and relative visas.
• Status Change: While in South Africa, changing from one visa category to another is outlined in the law, and conditions apply.
• Refugee and Asylum Seeker: Policies and procedures for individuals seeking protective status are clearly stipulated.
• Deportation: The law provides procedures for deportation in case of illegal stay.

Frequently Asked Questions

• Can I change my visa status while in South Africa?

  Yes, you can change your visa status while in South Africa. However, it's subject to the fulfillment of certain conditions.

• What are the requirements for a work visa?

  The requirements vary depending on the type of work visa. They generally include proof of employment, relevant qualifications, and clearance from the South African Police Service.

• How can I apply for asylum?

  Asylum applications are made in person at a Refugee Reception Office. You must provide compelling reasons why you fear persecution in your home country.

• Can I bring my family to South Africa?

  Yes, you can apply for a relative visa for immediate family members. However, you have to prove financial capability to support them during their stay.

• What happens if I overstay my visa?

  Overstaying a visa may lead to a fine, deportation at your own expense, or being declared undesirable to enter South Africa for a certain period.

Additional Resources

For further assistance, you can refer to:

• The Department of Home Affairs: This governmental body oversees all matters related to immigration.
• The South African Human Rights Commission: They can provide assistance in cases where immigrant rights have been violated.
• Legal Aid South Africa: This is a public entity that provides legal services to those who cannot afford it.

Next Steps

If you need legal assistance in immigration, consider the following:

• Consult a legal professional: It's important to consult with an immigration lawyer for specific insights and guidance on your situation.
• Gather your documents: Gather all necessary documents such as passport, proof of residence, or work contract.
• Assess your options: Depending on your situation, identify the best course of action. Whether you're applying for a visa, seeking asylum or facing deportation, different procedures apply.