Important Updates
Important Updates
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
August 26, 2025 | Moldova Moldova: Digital Nomad Visa Program Forthcoming
August 26, 2025 | CroatiaCroatia: Digital Nomad Visa Now Available
August 26, 2025 | United KingdomPersonnel Today: Immigration: Huge Fall in Health and Care Worker Visas
August 25, 2025 | BelgiumBelgium: Family Reunification Pathway Restrictions
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
August 26, 2025 | Moldova Moldova: Digital Nomad Visa Program Forthcoming
August 26, 2025 | CroatiaCroatia: Digital Nomad Visa Now Available
August 26, 2025 | United KingdomPersonnel Today: Immigration: Huge Fall in Health and Care Worker Visas
August 25, 2025 | BelgiumBelgium: Family Reunification Pathway Restrictions
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

South Africa: White Paper on Citizenship, Immigration and Refugee Protection Published for Comment

January 9, 2024

insight-news-default

Country / Territory

  • South AfricaSouth Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • Update January 9, 2024: The Department of Home Affairs extended the deadline for public comments on the “White Paper on Citizenship, Immigration and Refugee Protection” to January 31, 2024, up from the original deadline of January 19, 2024. 
  • The Department of Home Affairs (DHA) has published a ‘White Paper on Citizenship, Immigration and Refugee Protection’ to establish a process for foreign nationals to obtain residency and citizenship in South Africa, as well as to safeguard refugees and asylum seekers. This framework will ensure adherence to international migration agreements and protocols to which South Africa is a signatory.
  • The White Paper proposes South Africa temporarily withdraw from two international agreements on refugee protection namely, the 1951 United Nations Refugee Convention and the 1967 UN Protocol Relating to the Status of Refugees, as South Africa does not have the resources to grant the socioeconomic rights to refugees envisaged in the 1951 Convention.
  • Individuals interested in submitting comments must do so by January 19, 2024.

The situation

The Department of Home Affairs (DHA) has published the White Paper on Citizenship, Immigration and Refugee Protection, which seeks to establish a process for foreign nationals to obtain residency and citizenship in South Africa, as well as safeguard refugees and asylum seekers for public comment.  The deadline for providing comments is January 19, 2024.

A closer look

  • Submission of comments. Interested individuals can submit responses directly to the Chief Director: Strategy and Institutional Performance in Pretoria or via mail or email. Fragomen can assist with the submission drafting and process.
  • Proposed changes. The White Paper proposes the following changes to be included in the proposed legislation:

 

AREA 

PROPOSED CHANGE

IMPACT

Refugees

  • The inclusion of the Refugees Act in the envisaged legislation dealing with citizenship, immigration, and refugee protection.
  • Integration of internationally recognized best practices pertaining to refugees into the proposed legislation.
  • Employment of qualified personnel in DHA who can manage the proper refugee protection processes.
  • Placement of refugee officers at ports of entry for immediate assessment of claims.
  • Establishment of appeal bodies staffed with personnel who are suitably qualified and presided over by a judge or a senior counsel.

 

  • Improved refugee system with benchmarked practices will offer more efficient services.
  • Faster decisions on  refugees’ applications.

Citizenship

Stricter rules regarding granting citizenship in South Africa.

 

Citizenship will be reserved for individuals who contribute to the country’s global competitiveness.

 

Immigration entities

  • Establishment of an interdepartmental Immigration Board aimed at managing immigration challenges in South Africa.
  • The Anti-Corruption Unit to be seconded from the South African Police Service.
  • Review of the Border Management Authority Act to ensure alignment with the proposals in the White Paper.
  • Mandatory training for all immigration officers to strengthen their skills and expertise in immigration enforcement.
  • Establishment of Immigration courts to handle reviews from the DHA Director-General, Minister, and other established bodies intended to ensure immigration matters are dealt with in a specialized court with immigration expertise (currently any court in the country can deal with immigration matters).
  • Replacement of the existing Standing Committee of Refugee Affairs, with an Immigration and Refugee Board to assess applications submitted by asylum seekers. The Board would have more personnel and would consist of three divisions: the Immigration Division, the Refugee Protection Division, and the Immigration Appeal Division.

 

Increased cooperation of government agencies in managing immigration services will result in service improvements.

Impact

Various entities, including civil society, government departments, organized labor, individuals, and other stakeholders, including Fragomen, have the opportunity to provide comments to the paper to ensure that a comprehensive public consultation process is undertaken and integrated before the enactment of the law.

Background

The White Paper recommendations seek to impose more uniform immigration-related legislation and stricter enforcement practices. Currently, these laws lack consistency and are not consolidated. If the proposed changes are adopted, citizenship, immigration, and refugee law would be consolidated under a single legislative framework.

Looking ahead

After the review of the public comments, it is anticipated that the DHA would submit the bill in Parliament in 2024. Fragomen will report on relevant developments.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • South AfricaSouth Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Video

Dubai Introduces a ‘One Free Zone Passport’ – What It Is & How It’s Used | #MobilityMinute

Senior Corporate Services Manager Zak Hynes explores Dubai’s launch of the “One Freezone Passport."

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Video

Dubai Introduces a ‘One Free Zone Passport’ – What It Is & How It’s Used | #MobilityMinute

Senior Corporate Services Manager Zak Hynes explores Dubai’s launch of the “One Freezone Passport."

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.