Important Updates
Important Updates
October 3, 2025 | KazakhstanKazakhstan: New Work Permit Process Rules, Including Labor Market Test and New Online Portal
October 7, 2025 | European UnionEuropean Union: EU Entry/Exit System Implementation Forthcoming
October 7, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 6, 2025 | CanadaToronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out
October 3, 2025 | ArgentinaArgentina: Provisional Certificate Policy Change Extends In-Country Work Authorization Timelines
October 3, 2025 | KazakhstanKazakhstan: New Work Permit Process Rules, Including Labor Market Test and New Online Portal
October 7, 2025 | European UnionEuropean Union: EU Entry/Exit System Implementation Forthcoming
October 7, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 6, 2025 | CanadaToronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out
October 3, 2025 | ArgentinaArgentina: Provisional Certificate Policy Change Extends In-Country Work Authorization Timelines
October 3, 2025 | KazakhstanKazakhstan: New Work Permit Process Rules, Including Labor Market Test and New Online Portal
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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 RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
  • 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

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Media mentions

Toronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out

Partner Rick Lamanna shares key insights on how Canada can retain skilled workers and navigate shifting talent flows under changing US visa rules.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Media mentions

The American Lawyer: Proposed H-1B Changes Make Foreign Lawyers More Expensive, but Also More Accessible

Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Learn more

Fragomen news

2025年9月 アメリカ移民法ダイジェストLearn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Media mentions

Toronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out

Partner Rick Lamanna shares key insights on how Canada can retain skilled workers and navigate shifting talent flows under changing US visa rules.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Media mentions

The American Lawyer: Proposed H-1B Changes Make Foreign Lawyers More Expensive, but Also More Accessible

Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Learn more

Fragomen news

2025年9月 アメリカ移民法ダイジェストLearn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

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.