A checklist of requirements usually becomes important whenever an application for a Permit or Visa is made. This is true despite the category of Visa/Permit being applied for. This ensures that a process framework exists and available to everyone to consult or use for their convenience. Under normal circumstances the requirements asked for can be attained with some effort, but in some instances other applicants may find it very difficult or impossible for various reasons, resulting in them not being able to submit an application at all.
A waiver is a mechanism provided for within Section 31 (2) (d) of the Immigration Act 13 of 2002 to cater for situations like the above. Through this mechanism, the Department of Home Affairs (on behalf of the Minister of Home Affairs) is empowered to dispense with some requirements upon good cause. What constitutes good cause in each case depends on the circumstances of that particular scenario, but it is accepted that compelling reasons must be present before requirements are dispensed with.
To put the above into practical context as an example, an applicant wishes to apply for a Permanent Residence Permit as he has satisfied requirements for one while staying in the Republic of South Africa under a Temporary Residence Visa. However, he is facing a dilemma as the police clearance issued in one of the counties he once stayed since turning 18 has expired. Unfortunately for him, that country is now under a state of war and government operations there have been paralysed to such an extent that the prospects of getting another police clearance are almost none. The applicant has never returned to that country ever since he moved to South Africa.
In the scenario above, one may argue that good cause exists that the requirement of a police clearance from that country (under war) be dispensed with as it is improbable for the applicant to travel to that country and get issued with another police clearance, without his life being put in danger. Secondly, under normal circumstances the applicant could not have committed a crime in that country as he has never returned there since he came to stay in South Africa.
The Department of Home Affairs upon application of a waiver, will then consider the application under these circumstances and make a determination. The effect of a successful waiver application is that the applicant will be allowed to satisfy only other requirements except the one which has been waived (in the above example, the police clearance).
At Immigration Law Associates we assist people to apply and motivate for waivers amongst a host of other legal immigration matters. What may appear like good cause and compelling circumstances in the application for a waiver may be disagreed with by the Department of Home Affairs. It is important and advisable to seek professional assistance in order not to suffer inconvenience in the process.
We stand ready to assist in a wide array of other legal immigration matters so that you can explore and pursue your opportunities across borders legally. Our approach is professional, comprehensive and counters the hurdles in immigration. Contact us for an appointment and consultation.
The information contained in this site is provided for informational purposes only, and should not be construed as legally binding advice on any subject matter. One should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The contents of this site contain general information and may not reflect current legal developments or address one’s peculiar situation. We disclaim all liability for actions one may take or fail to take based on any content on this site.
