New South African Regulations for Traveling With Children

[James.Grage]

New South African regulations for traveling with children

06. June 2014

New South African regulations for traveling with children

We had numerous phone calls from concerned parents who had questions in regards of the new rules of traveling with children.

Please find the information as stated in the new South African immigration regulations:

Regulation 6:

(12)(a) Where parents are travelling with a child, such parents must produce an unabridged birth certificate of the child reflecting the particulars of the parents of the child.
(b) In the case of one parent travelling with a child, he or she must produce an unabridged birth certificate and-
(i) consent in the form of an affidavit from the other parent registered as a parent on the birth certificate of the child authorising him or her to enter into or depart from the Republic with the child he or she is travelling with;
(ii) a court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child; or
(iii) where applicable, a death certificate of the other parent registered as a parent of the child on the birth certificate;

Provided that the Director-General may, where the parents of the child are both deceased and the child is travelling with a relative or another person related to him or her or his or her parents, approve such a person to enter into or depart from the Republic with such a child.

(c) Where a person is travelling with a child who is not his or her biological child, he or she must produce-
(i) a copy of the unabridged birth certificate of the child;
(ii) an affidavit from the parents or legal guardian of the child confirming that he or she has permission to travel with the child;
(iii) copies of the identity documents or passports of the parents or legal guardian of the child; and
(iv) the contact details of the parents or legal guardian of the child, Provided that the Director-General may, where the parents of the child are both deceased and the child is travelling with a relative or another person related to him or her or his or her parents, approve such a person to enter into or depart from the Republic with such a child.

(d) Any unaccompanied minor shall produce to the immigration officer-
(i) proof of consent from one of or both his or her parents or legal guardian, as the case may be, in the form of a letter or affidavit for the child to travel into or depart from the Republic: Provided that in the case where one parent provides proof of consent, that parent must also provide a copy of a court order issued to him or her in terms of which he or she has been granted full parental responsibilities and rights in respect of
the child;
(ii) a letter from the person who is to receive the child in the Republic, containing his or her residential address and contact details in the Republic where the child will be residing;
(iii) a copy of the identity document or valid passport and visa or permanent residence permit of the person who is to receive the child in the Republic; and (iv) the contact details of the parents or legal guardian of the child.

 

[Lpart]

How is child defined? Teenagers?

 

[James.Grage]

I would take child as anyone younger than 18.

 

[BRICKBURN]

If you are bored and want to read a source and put some perspective in it.

http://www.dha.gov.za/images/final_Immigration_Regulations_2014_1.pdf

 

[AfricaHunting.com]

Statement from SATSA regarding new immigration regulations

There has been a lot of consternation regarding new regulations promulgated by the South African Department of Home Affairs regarding the need for children travelling with adults to be in possession of original unabridged birth certificates.

SATSA has been actively engaging with our new Minister of Tourism Derek Hanekom, who in turn has been in discussions with his cabinet colleagues. It is with some sense of relief that the Department of Home Affairs issued a statement last night that the regulations will now only become effective from 1 October 2014. Please see the Department of Home Affairs website here.

"I would like to assure members that SATSA will continue to oppose draconian legislation that impedes the tourism potential to South Africa," says SATSA CEO David Frost. "As an organisation we support the need for proper regulations with respect to incoming tourism, but the heavy-handed and non-consultative approach exhibited by the Department of Home Affairs is to be strongly countered."

Frost furthers: "This extends to the imposition of biometric visa requiring applicants to appear in person, which will severely impact growing markets such as India and China. Furthermore, we will work with our fellow associations BASA, ASATSA and Fair Trade in Tourism, through the auspices of the Tourism Business Council of South Africa (TBCSA), and our Ministry of Tourism, to seek a more structured engagement with the Department of Home Affairs, where we can assert a tourism agenda in these deliberations."

 

[Code4]

No doubt to try and stop child trafficking ? Would this be a valid assumption ? Definantly an over reaction and punitive.

 

[sestoppelman]

Good grief! Wot next I arsks, wot next?? First I have heard of this. We will be long back by then, but next time we'll have to abide I suppose, though its silly I think. I had to show the US passport agency the boys BC to get the passport he will be traveling on.

 

[PHOENIX PHIL]

So next year when I take my then 12 year old, I will need:

1) Passport
2) Original birth certificate

And

3) An affidavit from his mom that consents to us being there.

What exactly does that mean? Will a letter signed by his mom suffice? Need it be notarized?

 

[PHOENIX PHIL]

So has anyone traveled to RSA recently with kids with the other parent not present?

 

[H50]

So has anyone traveled to RSA recently with kids with the other parent not present?

Phil- My wife and I will be traveling to South Africa later this month with our 2 children ages 8 and 10. Both parents will be traveling but I've researched this issue quite a bit and talked with our TA. From my current understanding and what we are planning on doing is bringing a notarized copy of their original birth certificate (don't have to bring actual birth certificate- notarized copy is fine per my understanding) and if only one parent is traveling a notarized formal letter from the other parent is required detailing permission given to other parent to travel alone with children, etc. Obviously need passport as well. Law takes effect on June 1st- we arrive in RSA at 0700 that AM so we may be the guinea pig for the new law!!

 

[sestoppelman]

With both parents present I don't see how it would apply to you at all. You wont be the guinea pig. All you should need is passports.

 

[H50]

With both parents present I don't see how it would apply to you at all. You wont be the guinea pig. All you should need is passports.

At the risk of sounding like a government bureaucrat from my research of Regulation 6 (12) (A) and the advise of my travel agent/ USA embassy they told me the new law states that even if both parents are traveling with their own children the parents have to "prove" parenthood of the children thru a notarized copy of the original birth certificate that lists both parents on the certificate as the biological parents of the children traveling. I'll report back if I find out different once we get there.

 

[sestoppelman]

If that is the case and in this day and age, I don't doubt it, I would have to stand corrected.

 

[BRICKBURN]

For those of you that are going to traffic in your children they are planning to enforce the rules. June 1, 2015

 

[spike.t]

any idea if this includes when just transitting joburg airport to another international destination and not entering SA?

 

[siml]

Spike, last year I was travelling with my son to Mozambique via Zimbabwe, this was in July, he is 16, the South African immagration wouldn't let me leave the country. I eventually had my wife email me a letter. Brickburns post is worth reading.

Spike if you not clearing customs at the airport and only transiting you shouldn't have a problem.

 

[PHOENIX PHIL]

For those of you that are going to traffic in your children they are planning to enforce the rules. June 1, 2015



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Okay, so I fall under number 2, "Where one parent is traveling with a child"

I have an original, stamped by the state of Arizona birth certificate. I have a notarized affidavit from Mrs. PP authorizing the travel. Req'ts iv and v do not apply as we're not separate/divorce and momma is still vertical. Since we're still married, she's still alive I don't nor would I pursue a court order giving me full parental responsibilities and rights. We arrive Sunday before this is to kick into effect. But we leave to go home on June 6th..................this is giving me a headache! I would have to think that req't iii is also an "or" if ii can't be attained.

 

[spike.t]

Spike, last year I was travelling with my son to Mozambique via Zimbabwe, this was in July, he is 16, the South African immagration wouldn't let me leave the country. I eventually had my wife email me a letter. Brickburns post is worth reading.

Spike if you not clearing customs at the airport and only transiting you shouldn't have a problem.

ok thanks . even though we will be in transit i suppose its better to take his birth certificate with us just in case...............

 

[brushmore]

I took a copy of my daughter's birth certificate and notarized letter from my wife just to be safe last month. I never needed it thankfully.

I just remember hassles we ran into when we went to Niagara falls and got mildly hassled by the Canadian border patrol for not having the birth certificates for our four kids.

 

[spike.t]

I just remember hassles we ran into when we went to Niagara falls and got mildly hassled by the Canadian border patrol for not having the birth certificates for our four kids.

now @brushmore why were you bothering going to look at those little rapids when you could go see vic falls.....?