Children travelling to South Africa – Immigration Rules – Updated 04/02/2015
We need to let you know that we have been notified of some recent changes to South Africa’s immigration rules. This will affect everyone who has children younger than 18 years when travelling to or from South Africa (with or without their parents or guardians). The requirements apply regardless of nationality. It is likely that these rules will come into effect on the 1st June 2015, so we strongly recommend that any customer impacted by this change brings the necessary paperwork when travelling.
A) What do the regulations say about parents travelling with children?
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.
1. What is an unabridged birth certificate?
It is a birth certificate reflecting the particulars of both parents.
2. Is this applicable to all children?
Yes, the South African regulations regards a child as any person under the age of 18 years. It is applicable to all nationalities departing from and arriving in South Africa. It is not required for passengers remaining in transit, unless s/he requires a transit visa. The unabridged certificate should be submitted during the transit visa application process and both the certificate and visa should be carried on person whilst travelling.
3. What about unabridged birth certificates or other documents that are not issued in English?
All documents issued in a language other than English should be accompanied by a sworn translation issued by a competent authority in the country concerned.
4. What about countries that do not issue unabridged birth certificates?
In the case of foreign countries that do not issue unabridged birth certificates, a letter to this effect issued by the competent authority of the foreign country should be produced.
5. Must I travel with the original document?
A copy is sufficient as per the regulations. It must be certified as a true copy of the original by a Commissioner of Oaths (or the equivalent, should Commissioners of Oaths not be a practice in the country concerned).
B) What do the regulations say about children travelling with one parent?
Regulation 6 (12)(b):
In the case of one parent travelling with a child, he or she must produce an unabridged birth certificate and:
Consent, in the form of an affidavit from the other parent registered as a parent on the birth certificate of the child, authorizing him or her to enter into or depart from the Republic of South Africa with the child he or she is travelling with;
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
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 his or her parents, approve such a person to enter or depart the Republic with such a child.
6. What is the time line for the affidavit?
The affidavit must be no older than 3 months, dating from the time of travel.
7. My country does not issue affidavits. Which alternative do I have?
A document with the parents’ name and surname, physical address, telephone and cell phone numbers would be sufficient. A letter from the Government of the country concerned confirming non- issuance of affidavits must be included.
C) What do the regulations say about persons travelling with a child who is not their biological child?
Regulation 6 (12)(c):
Where a person is travelling with a child who is not his or her biological child, he or she must produce:
A copy of the unabridged birth certificate of the child;
An affidavit from the parents or legal guardian of the child confirming that he or she has permission to travel with the child;
Copies of the identity documents or passports of the parents or legal guardian of the child; and
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 his or her parents, approve such a person to enter or depart the Republic with such a child.
Questions and answers 1 – 7 also apply.
8. Does this include children travelling with school groups and grandparents?
Yes, any child under the age of 18 travelling with a person other than his / her parents must be in possession of the above documentation.
9. Is a copy of the unabridged birth certificate sufficient or must it be the original?
A copy is sufficient as per the regulations. It must be certified as a true copy of the original by a Commissioner of Oaths (or the equivalent, should Commissioners of Oaths not be a practice in the country concerned).
10. Must the copies of the parents’ passports / ID’s be certified?
They must be certified as a true copy of the original by a Commissioner of Oaths (or the equivalent, should Commissioners of Oaths not be a practice in the country concerned).
11. In what format must the contact details of the parents be?
A document with the parents’ name and surname, physical address, telephone and cell phone numbers would be sufficient.
12. How do you obtain approval from the Director General when you do not reside in South Africa?
Through the nearest South African diplomatic or consular representative abroad.
D) What do the regulations say about children travelling as unaccompanied minors?
Regulation 6 (12)(d):
Any unaccompanied minor shall produce to the immigration officer:
Proof of consent from one 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;
A letter from the person which is to receive the child in the Republic, containing his or her residential address and contact details where the child will be residing;
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
The contact details of the parents or legal guardian of the child.
Questions and answers 1 – 12 also apply.
13. What is the age for an Unaccompanied Minor in this case?
Any child under 18 travelling by themselves will be seen as an unaccompanied minor by Immigration. This does not affect the airline’s Unaccompanied Minor policy and procedure.
14. In Regulation 6 (12)(d), points (i) and (ii) refer to a letter. Must this letter be certified?
It must be certified as the original or as a true copy of the original by a Commissioner of Oaths (or the equivalent, should Commissioners of Oaths not be a practice in the country concerned).
15. Must the consent be from one parent or both?
It must be from both parents as per the regulations.
Further information can be found on the Department of Home Affairs website–
www.dha.gov.za/
Or the UK Foreign and Commonwealth website –
www.gov.uk/foreign-travel-advice/south-africa
Or contact your local South African Embassy.
Thanks for your patience. We know it’s a lot to get up to speed with.
If you have any questions about this, please contact info@gapafricaprojects.com