In a groundbreaking decision by South Africa's Constitutional Court, a resounding victory has been achieved for foreign parents with South African citizen or permanent resident children. The judgment in the case of Rayment and Others v Minister of Home Affairs marks a pivotal moment, significantly impacting the rights of foreign spouses or unmarried partners of South African citizens or permanent residents.
Under the previous immigration framework, individuals holding a Visitor’s Visa, specifically the Spousal Work Visa (issued under Section 11(6) of the Immigration Act), faced considerable challenges if their marriage or spousal relationship dissolved. This often resulted in the loss of their entitlement to work in South Africa, leaving them in a precarious position, unable to sustain themselves in the country.
However, the recent unanimous decision from the Constitutional Court has altered this landscape, introducing vital changes that provide a lifeline to foreign parents facing such circumstances. Now, foreign spouses or partners who divorce or end their spousal relationship, yet maintain responsibilities towards their South African citizen or permanent resident child, can apply for a Relatives Visa within three months of the relationship's termination. Crucially, they retain the right to work without the need to depart the country.
This transformative shift in policy eliminates the prior hurdle that prevented foreign parents from obtaining work permissions solely based on their parental relationship. Formerly, the right to work was exclusively tied to a spousal relationship with a South African citizen or permanent resident, limiting options for those fulfilling parental duties.
This landmark ruling not only secures the ability for foreign parents to stay and continue parenting their South African citizen or permanent resident children but also grants them the right to work lawfully, acknowledging their vital role in the lives of their children.
As this new precedent unfolds, it’s crucial for affected individuals to navigate these changes effectively. To understand how this ruling can specifically benefit you or for guidance in immigration matters, seeking professional advice is essential.
For a deeper understanding of your rights and opportunities following this groundbreaking ruling, schedule a free consultation with Bruss and Co. Immigration now. +27713031375, olwen@brussandco.co.za
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