SOUTH AFRICAN REQUIREMENTS FOR MINORS TAVELLING

SOUTH AFRICAN REQUIREMENTS FOR MINORS TAVELLING INTERNATIONALLY

1. Background

Pursuant to the 2011 amendments to the Immigration Act, 2002 (Act No 13 of 2002) and the

subsequent Immigration Regulations promulgated on 22 May 2014, guidance material was revised

to accord with the new provisions. Aspects related to the immigration requirements as they

pertained to minors were held in abeyance until 1 June 2015.

2. Applicable legislation

2.1 Immigration Act, 2002 (Act No 13 of 2002) and the Immigration Regulations, 2014:

• Section 9 (Admission and departure);

• Regulations 6(10) and (11) (Child in alternative care as defined in the Children's Act, 2005);

• Regulation 6(12)(a) (Both parents travelling with a minor);

• Regulation 6(12)(b) (One parent travelling with a minor);

• Regulation 6(12)(c) (Person is travelling with a minor who is not his or her biological child);

• Regulation 6(12)(d): (Unaccompanied minors).

2.2. Children’s Act, 2005 (Act No 38 of 2005):

• Section 1 (Definition of a child);

• Section 18 (Parental responsibilities); and

• Section 169 (Child in alternative care).

2.3 Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001), (foreign diplomats who

enjoy immunities and privileges in the Republic.)

3. The following main categories of travel cases are discernable:

DESCRIPTION

REQUIREMENTS

Child in alternative care

Valid Passport;

Valid visa, if required;

Letter from the Provincial Head of the Department of Social

Development where the child resides authorising his or her

departure from the Republic as contemplated in section 169

of the Children's Act.

Minor accompanied by

both of his or her parents

Valid Passport;

Valid visa, if required; and

UBC or Equivalent Document.

Minor accompanied by

one parent where parents

are neither divorced nor is

travelling parent widowed

Valid passport;

Valid visa, if required;

UBC or Equivalent Document; and

PCA; or

Court order granted in terms of section 18(5) of the

Children’s Act, 2005; or

Letter of Special Circumstances.

Note:

In the case of single parents, where only one parent’s

particulars appear on the UBC or Equivalent Document, no

PCA is required.

In the case where parents were never married but both

parents’ particulars appear on the UBC or equivalent

document, the consent of the non-travelling parent is

required;

In the case of same sex parents appearing on the UBC, it may

be accepted (e.g. 2 mothers or 2 fathers).

Minor travelling with one

parent who is divorced or

legally separated and who

has been granted full

parental responsibilities

and rights (previously

called ―sole custody‖) or

full legal guardianship in

respect of the minor

Valid Passport;

Valid visa, if required;

UBC or Equivalent Document;

Court order granting full parental responsibilities and rights

(previously called sole custody) or full legal guardianship in

respect of the minor.

Minor travelling with one

parent who is divorced or

legally separated and who

has been granted specific

parental responsibilities

and rights (previously

called ―joint custody‖) or

legal guardianship in

respect of the minor

Valid Passport;

Valid visa, if required;

UBC or Equivalent Document;

Court order granting specific parental responsibilities and

rights (previously called joint custody) or joint legal

guardianship in respect of the minor; and

PCA; or

Court order granted in terms of section 18(5) of the

Children’s Act, 2005; or

Letter of Special Circumstances.

NOTE: Where the accompanying parent presents a PCA and both

parents’ names on the UBC correspond with the names on the

PCA and the travelling parent’s passport, a court granting specific

parental responsibilities and rights or joint legal guardianship

may be dispensed with.

Minor travelling with

widow or widower parent

Valid Passport;

Valid visa, if required;

UBC or equivalent document;

Death certificate of the deceased parent

Orphaned minor where no

formal order of

guardianship or adoption

has been granted as yet

Valid Passport;

Valid visa, if required; and

Letter of Special Circumstances.

Minor accompanied by a

person who is not his or

her biological parent

Valid Passport;

Valid visa, if required;

UBC or equivalent document;

PCA; or

Letter of Special Circumstances.

Where a PCA is presented,

o copies of the identity documents or passports of the

parents or legal guardian of the minor; and

o contact details of the parents or legal guardian of the

minor; and contact details of the person in whose

care the minor will be in South Africa.

Minor accompanied by his

or her adoptive parent(s)

Valid Passport;

Valid visa, if required;

UBC of the minor reflecting particulars of adoptive parent(s),

or,

Pending the issuance of an UBC containing the names of the

adoptive parent(s), a court order confirming the adoption of

the minor by the adoptive parent(s) accompanying him or

her.

NOTE:

Where only one of the adoptive parents is travelling with the

minor or where such a minor is travelling unaccompanied,

the PCA will still be required by the absent adoptive

parent(s), or, in the case of a deceased adoptive parent, a

copy of such parent’s death certificate.

Where either or both adoptive parents are unable to issue a

written consent due to recent death or incapacity a Letter of

Special Circumstances may replace the PCA.

Unaccompanied Minor

(this category includes a

minor accompanied by

another minor)

Valid Passport;

Valid visa, if required;

UBC or Equivalent Document;

PCA or Letter of Special Circumstances;

Letter from the person who is to receive the minor in the

Republic, containing his or her residential address and

contact details in the Republic where the minor will be

residing;

Copy of the identity document or valid passport and visa or

permanent residence permit of the person who is to receive

the minor in the Republic; and

Contact details of the parents or legal guardian of the minor.

(This may be contained in the PCA.)

GENERAL NOTES:

1. All documents must be either original or copies certified as a true copy of the original by a

commissioner of oaths or the equivalent commissioning authority, should commissioners of oath

not be a practice in the country concerned.

2. The Affidavit must be dated within 4 months of the first arrival or departure travel date. The

same affidavit will still be valid for the departure or return in relation to the same journey

regardless of the period of the journey. The “first travel” date is the date of first presentation for

travel at the POE for a journey that will be completed when the traveller returns or departs to or

from the Republic. Minors who started their journey before 1 June 2015 would not be required

to produce the documents if the return leg thereof takes place after 1 June 2015.

3. Different combinations of the travel cases could occur, e.g. when dealing with a minor

accompanied by a person who is not his or her biological child, the requirements relating to

divorced or deceased parents must also be taken into account, where applicable. Minors

accompanying school tours must also be dealt with in terms of this category of travellers.

4. The following types of Court Orders may be granted:

a) Court order granting full parental responsibilities and rights (previously called “sole

custody“) or legal guardianship in respect of the minor: In this instance the consent of the

other parent is not required;

b) Court order in which both parents are granted responsibilities and rights in respect of the

minor: The consent of the other parents is required; and

c) Court orders that are silent on the parental responsibilities and rights: The consent of the

other parent is required.

5. Visas

a) Where a child applies for a visa inside South Africa or at a South African embassy abroad it

shall be standard practise for all supporting documents to be submitted prior to the visa

being issued.

b) Should authentic visas be produced by the minor but any other supporting documents be

unavailable, it may be assumed that all supporting documents have been provided.

6. Exceptions

a) Diplomatic/consular representatives accredited in South Africa travelling with his or her

children: - An accreditation card issued by the Department of International Relations and

Cooperation (DIRCO) containing the particulars of the children may be accepted in lieu of

the supporting documents. Where such a child is travelling unaccompanied or with the other

parent who is not a diplomat the same card may be produced;

b) A UBC should not be required in the case of countries that endorse the particulars of parents

in children’s passports, e.g. India;

c) Minors accompanying VIPs where Protocol Officer is present at POE. (No supporting

documents will be required in these cases);

d) No supporting documents will be required by persons in direct transit at an International

Airport.

Terminology Annexure A

“Supporting documents” include the following:

a) “Court order granting full parental rights and responsibilities” (previously called sole

custody) or legal guardianship in respect of the minor;

b) “Court order granting specific parental rights and responsibilities” (previously called joint

custody) or joint legal guardianship in respect of the minor;

c) “Court order in terms of section 18(5) of the Children’s Act, 2005”, authorising a minor to

enter or depart from the Republic in the absence of parental consent of either parent;

d) “Copies of the identity documents or passports of the parents or duly appointed legal

guardian of the minor”;

e) “Confirmation of Parenthood” issued by the DG in the event of an UBC not being able to be

issued;

f) “Contact details of the parents or legal guardian of the minor” (This may form part of the

Parental Consent Affidavit);

g) “Copy of the identity document or valid passport and visa or permanent residence permit”

of the person who is to receive the unaccompanied minor in the Republic.

h) “Death Certificate of a parent/ parents of a minor”;

i) “Parental Consent Affidavit”;

j) “Equivalent Document“ in lieu of an unabridged birth certificate (Confirmation of

Parenthood);

k) Letter from the Provincial Head of the Department of Social Development where the minor

resides authorising his or her departure from the Republic as contemplated in section 169 of

the Children's Act, 2005;

l) “Letter of Special Circumstances” issued by Director-General of Home Affairs in the event

that a parent or parents are incapacitated or deceased and no legal guardian has been

appointed as yet;

m) Letter from the person who is to receive the minor in the Republic;

n) “Unabridged Birth Certificate” of the minor.

“Alternative Care” means the care of a minor in accordance with section 167 of the Children’s Act,

2005, which reads as follows:

“A child is in alternative care if the child has been placed—

(a) in foster care;

(b) in the care of a child and youth care centre following an order of a court in terms of

this Act or the Criminal Procedure Act, 1977 (Act No.51 of 1977); or

“Equivalent Document” is any official document or letter issued by a foreign government (including a

foreign embassy) or a letter issued by the Director-General of the Department of Home Affairs, in

lieu of an unabridged birth certificate and which serves as a confirmation of parenthood.

“Legal separation” unlike divorce, a does not put an end to marriage, it enables spouses to live

separately but remain married. During the time they are living apart, they have a court order that

outlines the rights and responsibilities of each spouse. Issues that can be addressed in a separation

agreement are child custody and child support, visitation schedules and spousal support.

“Letter of Special Circumstances“ means a letter issued by the DG as contemplated in paragraph 3

above;

“Minor” means a child under the age of 18 years as defined in section 1 of the Children's Act, 2005.

Note: Marriage confers majority status on minors.

Unless the context indicates otherwise, “Parents” include adoptive parents and legal guardians;

“Parenthood” means the state of being a mother or a father;

“Parental Consent Affidavit” means an affidavit containing the consent of any parent who is not

accompanying a travelling minor (Suggested format is attached as Annexure C);

“Resident” means a foreigner who has permanent or temporary residence status in the Republic in

terms of the Immigration Act, 2002;

“Republic” means the Republic of South Africa;

“Travel document” means a passport or travel document issued by the competent authority of the

State of which the holder is a citizen;

“Unabridged Birth Certificate” is an extract from the birth register containing the particulars of a

minor and his or her parent or parents, as the case may be. In South Africa, such certificates are

issued by the Department of Home Affairs in terms of the Births and Deaths Registration Act, 1992

(Act No 51 of 1992). In foreign countries, such certificates are issued by the competent authority

concerned.

Abbreviations Annexure B

Director-General of the Department of Home Affairs

DIRCO

Department of International Relations and Cooperation

Immigration Officer

PCA

Parental Consent Affidavit

POE

Port of Entry

UBC

Unabridged Birth Certificate

VIP

Unaccompanied Minor

Very Important Person

Annexure C

SUGGESTED FORMAT: PARENTAL CONSENT AFFIDAVIT

(CONSENT FOR PERSON UNDER THE AGE OF 18 TO TRAVEL TO OR FROM THE REPUBLIC OF SOUTH

AFRICA)

I/We* hereby declare my/our consent that my/our daughter/son whose Unabridged Birth Certificate (UBC) or

**Equivalent document is attached may travel to and from South Africa:

Surname: ______________________ Name: ___________________ Date of birth ___________________

Identified by Passport no: _____________________ is travelling from ______________________ to

____________________ for the period _________________ to _____________________ 20_________.****

The child is accompanied / will be received in South Africa by (delete appropriately):

Surname, Name

Relationship

Identified by** I.D. no.

Passport no.

Residential Address

Work Address

Contact no. Work

Mobile

Residence

Attach copy of South African ID or if a foreign national attach passport and visa of person receiving the child in SA.

Mother:

Surname, Name

Residential Address

Identified by** I.D. no.

Passport no.

Contact no. Work

Mobile

Residence

Signature

Date

Attach copy of mother’s ID or passport.

Father:

Surname, Name

Residential Address

Identified by** I.D. no.

Passport no.

Contact no. Work

Mobile

Residence

Contact no.

Signature

Date

Attach copy of father’s ID or passport.

Legal Guardian:

Surname, Name

Date of birth

Residential Address

Identified by** I.D. no.

Passport no.

Contact no. Work

Mobile

Residence

Contact no.

Signature

Date

Attach legal guardian’s appointment letter or court order and ID or passport.

Copies of the following documents are attached:

Unabridged Birth Certificate (UBC) or Equivalent Document of child travelling

ID or Passport and Visa of person receiving child in the Republic

Court Order (where applicable)

Death Certificate (of any deceased parent reflected on the UBC or Equivalent Document)

ID or Passport of parent(s) or legal guardian(s)

Thus signed and **sworn/solemnly affirmed before me on this …………. day of ………….20...

…………………………………………………………. OFFICE STAMP

Commissioner of Oaths

(May be attested free of charge at any embassy or mission of the Republic of South Africa)

First name(s): ………………………………………

Surname: ……………………………………………

Capacity: …………………………………………….

Place: …………………………………………………

*Both parents whose details appear on the UBC or Equivalent Document shall consent to the child’s travel.

Where only one parent’s details appear, only such parent’s consent is required.

**Delete whichever is not applicable.

***An Equivalent Document is any official document or letter issued by a foreign government (including a foreign embassy)

or a letter issued by the Director-General of the Department of Home Affairs in lieu of an unabridged birth certificate and

which serves as a confirmation of parentage of a person below the age of 18.

****This document remains valid only for the period stipulated.