Immigration Act, 2002 (Act No. 13 of 2002)

Essential legal vocabulary, definitions, structures, and permit classifications established by the South African Immigration Act, 2002 (Act No. 13 of 2002).

Admission

Entering the Republic of South Africa at a port of entry on the basis of the authority to do so validly granted by the Immigration Act, 2002 or by an immigration officer in terms of the Act.

Border

The national borders of the Republic of South Africa, including ports of entry, coastlines, and the outer margin of territorial waters.

Corporate applicant

A juristic person established under the laws of the Republic or of a foreign country which conducts business, not-for-gain, agricultural, or commercial activities within the Republic and applies for a corporate permit under section 21.

Customary union

A conjugal relationship according to indigenous law and custom that is recognised and documented as prescribed.

Departure

Exiting the Republic of South Africa from a port of entry in compliance with the Immigration Act, 2002.

Deportation

The action or procedure aimed at causing an illegal foreigner to leave the Republic involuntarily, or under detention in terms of the Immigration Act, 2002.

Foreigner

An individual who is neither a citizen nor a resident of the Republic of South Africa, but is not an illegal foreigner.

Illegal foreigner

A foreigner who is in the Republic of South Africa in contravention of the Immigration Act, 2002, and includes a prohibited person.

Immediate family

Persons within the second step of kinship, where marriage or a spousal relationship is counted as one step, but any common antecedent is not counted.

Immigration officer

An officer of the Department of Home Affairs, or another person having prescribed qualifications appointed by the Department, authorised to exercise specific powers and perform functions on behalf of the Department.

Port of entry

A place prescribed from time to time where a foreigner has to report before he or she may move, sojourn, or remain within, or enter the Republic.

Prohibited person

Any foreigner specified under section 29 of the Act (such as persons infected with prescribed infectious diseases, or those with outstanding warrants or convictions for serious crimes like genocide, terrorism, murder, drug trafficking, or money laundering) who does not qualify for a temporary or permanent residence permit.

Undesirable person

A foreigner who may be declared undesirable under section 30, including anyone likely to become a public charge, an unrehabilitated insolvent, a fugitive from justice, or someone judicially declared incompetent.

Resident

The holder of a permanent residence permit issued in terms of section 25 of the Immigration Act, 2002.

Spouse

A person who is party to a marriage, a customary union, or a permanent homosexual or heterosexual relationship requiring cohabitation and mutual financial and emotional support, proven by a prescribed affidavit substantiated by a notarial contract.

Status

The permanent or temporary residence granted to a person in terms of the Immigration Act, 2002, including the rights, obligations, terms, and conditions imposed by the Department.

Visa

The prescribed endorsement issued upon application on a valid passport of a foreigner granting authority to proceed to the Republic to report for examination to an immigration officer at a port of entry with a view to admission.

Work (under the Immigration Act, 2002)

Business, commercial, or remunerative activities within the Republic, excluding activities on diplomatic or treaty permits, or certain limited activities for a foreign employer or profession primarily based outside South Africa.

Training fund

A public record of funds received or collected by the Department from employers under the Act as training fees or fines in a prescribed percentage.

Immigration Advisory Board

A statutory body established under section 4 of the Act, chaired by a designee of the Minister and composed of representatives from various state departments, civil society, and regulatory experts to advise the Minister on immigration regulations and policy.

Visitor's permit

A temporary permit issued under section 11 for up to three months (or up to three years for qualifying academic sabbaticals, research, or charitable activities) that strictly prohibits the holder from conducting work.

Diplomatic permit

A permit issued under section 12 to foreign ambassadors, ministers, career diplomats, consular officers, and accredited representatives of international organisations, which cannot be used to conduct work unless combined with a separately issued work permit for immediate family members.

Quota work permit

A work permit issued under section 19(1) to a foreigner falling within a specific professional category determined annually by the Minister in the Gazette, as long as the number issued does not exceed the determined category quota.

Intra-company transfer work permit

A work permit issued under section 19(5) allowing a foreigner employed abroad by a firm operating in the Republic (as a branch, subsidiary, or affiliate) to work in South Africa for a period not exceeding two years.

Corporate permit

A permit issued under section 21 allowing a corporate applicant to employ a predetermined maximum number of foreigners under prescribed conditions and financial guarantees.

Cross-border pass

A pass issued under section 24(1) having the effect of a multiple admission visitor's permit for a citizen of a prescribed neighbouring border country who lacks a passport but holds an approved identity document.

Direct residence

Permanent residence granted under section 26 to foreigners who have held a work permit for five years with a permanent employment offer, spouses of citizens or residents (provided the good faith spousal relationship subsists for at least three years), and children of citizens or residents under 21.

Inspectorate

A specialized monitoring and enforcement body established under section 33, headed by an appointee of the Minister, empowered to investigate contraventions, inspect premises, and enforce the provisions of the Act.

Immigration Courts

Magistrates' courts operating under section 37 with designated jurisdiction to adjudicate any matters arising from the application of the Act, including the review of Department decisions, status disputes, and deportation warrants.