The short answer
You need an alternative visa to stay in South Africa. If you can't get one, your child will probably have to go back to Zimbabwe with you.
The whole question
Dear Athalie
I am a single ZEP holder living in SA with my South African child. Can I get papers to stay in South Africa? If so, am I allowed to work?
The long answer
As you know, the Government initially said that all Zimbabwean Exemption Permits would expire on 31 December 2021 and would not be renewed, but then said there would be a grace period of twelve months given to all ZEP holders until 31 December 2022. The government said that ZEP holders have to find alternate means to stay in South Africa legally by 31 December 2022, and can continue to work, study and use banks, provided they have a Visa Facilitation Services Global (VFS) receipt to show that they have applied for a visa. Before 31 December 2022, ZEP holders can travel freely in and out of South Africa, but after that, they will have to have a visa to travel.
Government says that ZEP holders have to apply for alternative visas like Permanent Residence, Study visa, Critical Skills visa or a General Work visa.
The Critical Skills visa is issued for five years if you have the skills and qualifications that are on the critical skills list. You also have to have a certificate from a professional body recognised by the South African Qualifications Authority (SAQA).
The General Work visa is issued for five years and is the most difficult visa to obtain because an employer would have to prove that they could not fill the position with a South African citizen or permanent resident.
You can apply for a direct Permanent Residency permit if you have lived in South Africa on the basis of your work permit for a minimum of five years. You can also apply if you have a permanent work offer in South Africa; if you intend to establish a business in South Africa; if you qualify as a refugee in terms of Section 27 (c) of the Refugees Act; if you qualify as a retired person; if you are financially independent; or if you are a relative of a South African citizen or permanent resident.
Before you are allowed to apply for a permanent residency permit, you have to motivate why you should not be declared an undesirable or prohibited person.
Home Affairs closed its applications for permanent residency in March 2020, when the Covid-19 pandemic started, on the basis of dealing with a backlog of applications built up over the last ten years. Applications were re-opened in January this year, but the Immigration Practitioners of South Africa estimate that there are more than 50,000 outstanding applications to be dealt with, and they believe that foreigners who were eligible to become permanent residents when Home Affairs first suspended the applications are likely to wait for another five years.
The government has said that Zimbabweans who cannot successfully regularise their stay by 31 December 2022 have to leave South Africa or they will be deported.
Lawyers for Human rights have said that one of the biggest concerns was that children born and raised in SA could get deported with their parents even though they go to school here.
In all, it is not an encouraging prospect for ZEP holders. It is worth bearing in mind, though, that as a December 2021 letter from human rights organisations to the Minister of Home Affairs pointed out, “Section 33 of the Constitution provides that ’Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.’”
Perhaps it would be best to consult with one of the following organisations:
Wishing you the best,
Athalie
Answered on Feb. 4, 2022, 3:43 p.m.
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