Answer to a question from a reader

Is there a visa that lets someone who has a South African child stay in the country?

The short answer

Unfortunately, Home Affairs does not grant visitor's visas to people who apply in terms of their minor South African children.

The whole question

Dear Athalie

I am the primary carer for my South African citizen child who is 13 years old. My name is on her birth certificate. Is it possible for me to get some sort of visa so that I can stay in the country and look after her? 

The long answer

Unfortunately, Home Affairs states plainly that it will not grant visitor’s visas under Section 27(G) to people who apply in terms of their minor South African children. This is presumably because they want the South African family member to be able to guarantee the support of the foreign visitor while in the country.

I don’t know if there is another kind of visa which might apply to you like a study visa or a special skills visa, but none of these visas is easy to get from Home Affairs. 

You could consult the following organisations for advice:

  • Lawyers for Human Rights - Refugee and Migrant Rights Project

email: [email protected]

  • Legal Resource Centre

Email: [email protected]

  • The Scalabrini Organisation of Cape Town

Scalabrini is working remotely in the pandemic. To contact the Advocacy Programme, you can send a WhatsApp to 078 260 3536. Alternatively, you can call or SMS or send a please-call-me to 083 433 5062. If you send a message, this will be logged and one of the Advocacy team members will get back to you. 

  • The Black Sash

Hotline: 073-66 33 739

Email: [email protected]

Wishing you the best,

Answered on Aug. 18, 2021, 7:45 p.m.

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Please note. We are not lawyers or financial advisors. We do our best to make the answers accurate, but we cannot accept any legal liability if there are errors.