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1 402000 A37679 1 AIDS HELPLINE: 0800-0123-22 Prevention is the cureGovernment GazetteStaatskoerantREPUBLIC OF SOUTH AFRICAREPUBLIEK VAN SUID-AFRIKAR egulation Gazette No. 10199 RegulasiekoerantVol. 587 Pretoria, 22 MayMei2014No. The Government Printing Works willnot be held responsible for the quality of Hard Copies or Electronic Files submitted for publication purposesPART1 OF22No. 37679 Government Gazette , 22 MAY 2014 This Gazette is also available free online at NOTICEThe Government Printing Works will not be held responsible for faxed documents not received dueto errors on the fax machine or faxes received which are unclear or incomplete. Please be advisedthat an OK slip, received from a fax machine, will not be accepted as proof that documents werereceived by the GPW for printing. If documents are faxed to the GPW it will be the sender s respon-sibility to phone and confirm that the documents were received in good the Government Printing Works will also not be held responsible for cancellations andamendments which have not been done on original documents received from 32 immigration Amendment Act (3/2007):Commencement.

2 337679R. 33 immigration Amendment Act (13/2011):Commencement ..537679 Government NOTICEHome Affairs, Department ofGovernment NoticeR. 413 immigration Act (13/2002): ImmigrationRegulations .. 32 Wysigingswet op Immigrasie (3/2007):Inwerkingtreding ..437679R. 33 Wysigingswet op Immigrasie (13/2011):Inwerkingtreding ..637679 GOEWERMENTSKENNISGEWINGB innelandse Sake, Departement vanGoewermentskennisgewingR. 413 immigration Act (13/2002): ImmigrationRegulations .. OF THE immigration AMENDMENT ACT, 2007 (ACTNO. 3 OF 2007)In terms of section 12 of the immigration Amendment Act, 2007 (Act No. 3 of2007), I hereby determine 26 May 2014 as the date on which the said Act shallcome into under my Hand and the Seal of the Republic of South Africaat(F)C01-1-Gron thisday Thousand Order of the President-In-Cabinetc A,Minister of the CabinetSTAATSKOERANT, 22 MEI 2014No. 376793 This Gazette is also available free online at thePresident of the Republic of South AfricaNo.

3 R. 32, 2014 INWERKINGTREDING VAN DIE WYSIGINGSWET OP IMMIGRASIE, 2007 (WETNO. 3 VAN 2007)Kragtens artikel 12 van die Wysigingswet op Immigrasie, 2007 (Wet No. 3 van2007}, bepaal ek hierby 26 Mei 2014 as die datum waarop genoemde Wet inwerking ander my Hand en die Seel van die Republiek van Suid-Afrika toop hede die1'dag vant6-\TweeDuisend en las van die President-in-KabinetMinister van die Kabinet4No. 37679 Government Gazette , 22 MAY 2014 This Gazette is also available free online at diePresident van die Republiek van Suid-AfrikaNo. R. 32, 2014 COMMENCEMENT OF THE immigration AMENDMENT ACT, 2011 (ACTNO. 13 OF 2011)In terms of section 27 of the immigration Amendment Act, 2011 (Act No. 13 of2011), I hereby determine 26 May 2014 as the date on which the said Act shallCome into under my Hand and the Seal of the Republic of South 'r--on thisday of t-\-e15-)Two Thousand Order of the President-In-CabinetMinister of the CabinetSTAATSKOERANT, 22 MEI 2014No.

4 376795 This Gazette is also available free online at thePresident of the Republic of South AfricaNo. R. 33, 2014 INWERKINGTREDING VAN DIE WYSIGINGSWET OP IMMIGRASIE, 2011 (WETNO. 13 VAN 2011)Kragtens artikel 27 van die Wysigingswet op Immigrasie, 2011 (Wet No. 13 van2011), bepaal ek hierby 26 Mei 2014 as die datum waarop genoemde Wet inwerking onder my Hand en die Seel van die Republiek van Suid-Afrika teOop hede dieI Ic;)dag vanTwee Duisend las van die President-in-KabinetMinister van die Kabinet6No. 37679 Government Gazette , 22 MAY 2014 This Gazette is also available free online at diePresident van die Republiek van Suid-AfrikaNo. R. 33, 2014 immigration ACT, 2002 immigration REGULATIONSThe Minister of Home Affairs has, in terms of section 7 of the immigration Act, 2002 (Act No. 13of 2002), after consultation with the immigration Advisory Board, made the Regulations in these Regulations, any word or expression to which a meaning has been assigned in theAct shall have the meaning so assigned and, unless the context otherwise indicates-"biometrics" means fingerprints and a photograph;"learning institution" means-(a)an institution of higher education established in terms of the Higher Education Act, 1997(Act No.

5 101 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 AfricanSchools Act, 1996 (Act No. 84 of 1996); or(ii) a college under the authority of a Government department other than the Departmentof Higher Education and Training; or(c)a school contemplated in section 1 of the South African Schools Act, 1996 (Act No. 84 of1996); Staatskoerant , 22 MEI 2014No. 376797 This Gazette is also available free online at OF HOME AFFAIRSNo. R. 41322 May 2014"medical report" means a report by a registered medical practitioner with regard to theapplicant'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.

6 131 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 by the police or security authority ineach country where the relevant applicant resided for 12 months or longer after attaining theage of 18 years, in respect of criminal records or the character of that applicant, whichcertificate shall not be older than six months at the time of its submission: Provided that thecertificate shall not be required from a foreign country in the case of renewal or extension of avisa but from the Republic;"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 theMinister by notice in the Gazette ;(c)travellers' cheques;(d)an undertaking, supported by a bank statement or salary advice, by a South Africancitizen or permanent resident that he or she will be hosting the applicant and acceptingresponsibility for the costs related to the maintenance and removal of the applicant fromthe Republic; or(e)in the case of learners or students, an undertaking to the learning institution for paymentof all fees and accommodation from a bursary scheme or scholarship or parents, as thecase may be;"radiological report" means a report by a registered radiologist certifying that the applicanthas been examined and that no signs of active pulmonary tuberculosis could be detected,which report shall not be older than six months at the time of its submission;"SAQA" means the South African Qualifications Authority established in terms of the NationalQualifications Framework Act, 2008 (Act No.

7 67 of 2008);"the Act" means the immigration Act, 2002 (Act of 2002); and"unaccompanied minor" means a child under the age of 18 years who travels 37679 Government Gazette , 22 MAY 2014 This Gazette is also available free online at (1) A passport shall-(a)be machine readable;(b)contain the following information relating to the holder:(i)full names and surname;(ii)date and place of birth;(iii)a photograph clearly and correctly depicting his or her facial features;(iv)gender; and(v)nationality;(c)contain the following information relating to the passport itself:(i)travel document type;(ii)travel document number;(iii)name of the issuing authority;(iv)place of issue;(v)date on which it was issued; and(vi)expiry date thereof; and(d)have at least two unused pages when presented for purposes of endorsing a port ofentry visa, visa, permanent residence permit or entry or departure stamp.(2) Notwithstanding the provisions of subregulation (1)(a), a foreigner may be admitted into ordepart from the Republic with a non-machine readable passport: Provided that-(a)he or she is from a foreign state that is issuing machine readable passports and hasnot completely phased out the non-machine readable passports; and(b)his or her passport was issued after 24 November 2005 and its date of expiry isbefore 24 November 2015.

8 (3) The period of validity of a passport contemplated in section 9(4)(a) of the Act shall not beless than 30 days after the foreigner's intended date of departure from the Republic.(4) The international, regional or sub-regional organisations contemplated in the definition ofpassport in section 1(1) of the Act, are-(a)the United Nations, excludingits agencies, except for the United Nations HighCommissioner for Refugees;(b)the African Union;(c)the European Union;(d)the Southern African Development Community; and(e)the African Development , 22 MEI 2014No. 376799 This Gazette is also available free online at homosexual or heterosexual relationship3.(1) An applicant for a visa or permanent residence permit in terms of the Act who asserts inhis or her application to be a spouse, as defined in section 1of the Act, must prove to thesatisfaction of the Director-General that he or she is a spouse to a citizen or permanentresidence permit holder in the manner set out in subregulation (2).

9 (2) An applicant contemplated in subregulation (1) must submit-(a)a notarial agreement signed by both parties attesting that-(i)the permanent homosexual or heterosexual relationship has existed for at leasttwo years before the date of application for a relevant visa or permanentresidence permit and that the relationship still exists to the exclusion of anyother person ; and(ii)neither of the parties is a spouse in an existing marriage or a permanenthomosexual or heterosexual relationship;(b)an affidavit on Part A of Form 12 illustrated in Annexure A, confirming the continuedexistence of the relationship;(c)in the case where such a party was a spouse in a previous marriage, any officialdocuments that prove the dissolution of such marriage either by divorce or thedeath of the other spouse;(d)documentation to prove-(i)the financial support to each other; and(ii)the extent to which the related responsibilities are shared by the applicant andhis or her spouse; and(e)in the case of a relationship concluded between two foreigners in a foreign country,an official recognition of the relationship issued by the relevant authorities of thecountry concerned, if partners to a homosexual or heterosexual relationship must be interviewed(3)separately, on the same date and time, to determine the authenticity of the existence of theirrelationship.

10 (4) An applicant contemplated in subregulation (1) who has been issued with a visa orpermanent residence permit must, after a period of two years from the date of issuing of thatvisa or permanent residence permit, inform the Director-General whether or not the spousalrelationship still exists by submitting to the Director-General an affidavit on Part B of Form 12illustrated in Annexure 37679 Government Gazette , 22 MAY 2014 This Gazette is also available free online at (5) An applicant contemplated in subregulation (1) who has been granted a visa or permanentresidence permit on the basis of the relationship must immediately inform the Director-Generalwhen his or her relationship ceases to exist.(6) The Director-General may, upon receipt of the information contemplated in subregulation(5), withdraw the visa or permanent residence permit issued on the basis of the existence of apermanent homosexual or heterosexual relationship.