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

Regulations

Immigration Regulations, 2014

1. Definitions

 

In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates—

 

"biometrics"

means fingerprints and a photograph;

 

"birth certificate"

means any birth record of a child issued by the relevant authority indicating the full names, surname and the date of birth, including the names and surname(s) of the parent(s) of such a child;

[Definition inserted by section 2(b) of the First Amendment of the Immigration Regulations, 2014, Notice No. R. 1328, GG42071, dated 29 November 2018]

 

"learning institution"

means-

(a) an institution of higher education established in terms of the Higher Education Act, 1997 (Act No. 101 of 1997); or
(b) a college established in terms of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), but does not include—
(i) a school offering further education and training programmes under the South African Schools Act, 1996 (Act No. 84 of 1996); or
(ii) a college under the authority of a government department other than the Department of Higher Education and Training; or
(c) a school contemplated in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996);

 

"medical report"

means a report by a registered medical practitioner with regard to the applicant's general state of health, detailing any medical condition he or she suffers from, which report shall not be older than six months at the time of its submission;

 

"Medical Schemes Act"

means the Medical Schemes Act, 1998 (Act No. 131 of 1998);

 

"National Qualifications Framework Act"

means the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);

 

"police clearance certificate"

means a certificate issued, in respect of criminal records or the character of an applicant, by the police or security authority in each country where an applicant, after having attained the age of 18 years, resided for 12 months or longer during the five years immediately preceding the date of application, which certificate shall not be older than six months at the time of submission: Provided that in the case of a renewal or extension of a visa, such a certificate shall be issued by the police or security authority of the Republic;

[Definition substituted by section 2(a) of the Second Amendment of the Immigration Regulations, 2014, Notice No. R. 4588, GG50419, dated 28 March 2024]

 

"proof of sufficient financial means"

means proof by means of—

(a) a three months bank statement;
(b) cash available to the applicant, Provided that the amount shall not be less than the amount determined annually by the Minister by notice in the Gazette;
(c) travellers' cheques;
(d) an undertaking, supported by a bank statement or salary advice, by a South African citizen or permanent resident that he or she will be hosting the applicant and accepting responsibility for the costs related to the maintenance and removal of the applicant from the Republic; or
(e) in the case of learners or students, an undertaking to the learning institution for payment of all fees and accommodation from a bursary scheme or scholarship or parents, as the case may be;

 

"radiological report"

[Definition deleted by section 2(b) of the Second Amendment of the Immigration Regulations, 2014, Notice No. R. 4588, GG50419, dated 28 March 2024]

 

"SAQA"

means the South African Qualifications Authority established in terms of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);

 

"the Act"

means the Immigration Act, 2002 (Act No.13 of 2002); and

[Definition substituted by section 2(a) of the First Amendment of the Immigration Regulations, 2014, Notice No. R. 1328, GG42071, dated 29 November 2018]

 

"unaccompanied minor"

means a child under the age of 18 years who travels alone.