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A Parent’s Guide to New Regulations for Children entering and leaving South Africa

How to get through South African Immigration as a child (with updates – pls read update at the very bottom first)!  The only thing I knew for sure when booking my son’s ticket a couple of months ago, just after the new law was announced, was that whether a child under the age of 18 travels with […]

How to get through South African Immigration as a child (with updates – pls read update at the very bottom first)! 

Children entering and leaving South Africa

The only thing I knew for sure when booking my son’s ticket a couple of months ago, just after the new law was announced, was that whether a child under the age of 18 travels with their parents or on their own, they must carry a valid passport and an unabridged birth certificate with them. (The birth certificate can take 6-8 weeks to be issued, so apply in advance!)

Once the new law is implemented airlines will be forced to refuse travel to those not in possession of these documents. The law is being introduced in an effort to combat worldwide child trafficking, and is already in place at border controls in other countries.

So, if travelling with one parent, then a letter from the other parent and the birth certificate to state this person has permission to fly with their child. In the case of a deceased parent then the death certificate must be carried and in the case where the other parent is absent and cannot give permission then a court order is needed.

But what happens if the child is travelling on their own, is over 15 and the airline allows unaccompanied minors on their flight and the parents are divorced, the mother has a new surname and there is no court order because the parents never questioned custody?

Having spent over a week on the internet and telephone I was still none the wiser as to whether the suggestions I received from the South African Immigration website, British High Commission and Deloitte should suffice.

I’m afraid ‘should suffice’ is not enough for me or my son. He was due to arrive in South Africa with British Airways on July 27th. I had the following documents, as recommended, which had been certified at SAPS (police) and which I sent via DHL once I’d been given clearance from immigration.

An unaccompanied child must carry with them the following:

  • Birth Certificate (unabridged) which actually reads on the bottom:
    “WARNING: THIS CERTIFICATE IS NOT EVIDENCE OF THE IDENITY OF THE PERSON PRESENTING IT’
  • A letter from me with contact details stating I am the person collecting him.
  • A letter from me giving permission for him to enter and then leave SA.
  • A copy of my passport.
  • A copy of my divorce certificate and new marriage certificate to prove my name on his birth certificate and how it links with my passport now.
  • A letter from his father that needs witnessing by a solicitor to give permission for his son to visit me in South Africa and a separate letter to give permission for his son to leave South Africa and return to the United Kingdom.

I took these documents to OR Tambo airport in June to speak with Immigration directly to ensure these documents will suffice.

The staff, via the twitter account @ortambo_int, were amazing, making phone calls, visiting Immigration where I couldn’t access, explaining my dilemma then phoning me back to direct me to where I needed to be.

I was told my documents were good and my son would clear Immigration when he presented them…but due to the confusion this new law has now been postponed until October!

I’m sure there is an easier way, but I can’t find one.

My 15-year-old is more than capable of travelling halfway round the world on his own, finding the right gate etc, but I’m not sure if he’s equipped to deal with immigration after a 12 hour flight!

UPDATE – after contacting British Airways who son is flying with, I’ve included below some more information taken from Foreign Travel Advice.

Even British Airways can’t confirm what travel documents my son would need after October 1st 2014 but believe it would be best for him to travel with the following after highlighting the fact that have to be very careful – if your son is refused entry into SA we will be heavily fined:

  • a machine-readable passport
  • minimum of one full blank page in his passport although Immigration state two (2) clear pages
  • a copy of the documentation from the SA High Commission that was received with his granted student visa application, including all information relating to him being able to travel on a one-way ticket (standard SA-issued advice says that visitors should hold a return ticket or pay a deposit if on a one-way ticket). We would also say that if there becomes a query at the airport about his one-way ticket, it would be helpful to have with him some kind of proof of how his return ticket will be arranged/paid for (unless his visa application answers this issue fully). Ideally, our Terminal 5 team say an open-dated return ticket might have been better for him to travel on – these can be open for a return flight up to 12 months ahead
  • his full/unabridged birth certificate
  • an affidavit from both parents giving their consent for his journey, including agreement for him to travel to South Africa on a one-way ticket. Please include permanent home addresses on this
  • proof of his study in South Africa. This should be a letter-headed document that confirms he is a current student at their facility, the course he is on and the term dates they expect to receive him between.

UPDATE – Son arrived and cleared Immigration, no questions asked or documentation requested (but this was before 01 October 2014 when the new law kicks in).

In case anyone is still unclear, here are the requirements as per the official Immigration Regulations:

TRAVELLING WITH A CHILD IN & OUT OF SOUTH AFRICA

This new law applies to all children under the age of 18, no matter which nationality they are, who are entering or leaving South Africa. And it applies to all airlines.

Regulation (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 traveling 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 he Director-General may, where the parents of the child are both deceased and the child is traveling 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 traveling 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 he Director-General may, where the parents of the child are both deceased and the child is traveling 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 prof 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 ben granted full parental responsibilities and rights in respect of
the child;
(i) 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;
(i) 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.

* “unacompanied minor” means a child under the age of 18 years who travels alone.

View the final regulations in the Government Gazette here:
www.dha.gov.za/images/final_Immigration_Regulations_2014_1.pdf

IMPORTANT UPDATE: The regulation concerning a child being required to travel into and out of South Africa with an Unabridged Birth Certificate and with written permission if accompanied by only one parent has been postponed until 01 June 2015. See more here – update on children travelling into and out of South Africa.