TRAVELLING ABROAD
WITH CHILDREN
Familiarise yourself with SA’s new requirements for travelling with children. SA
now has new immigration laws to protect citizens and to improve lives:
• Parliament amended the Immigration Act, 2002 in 2007 and 2011.
• This gave us the Immigration Amendment Acts of 2007 and 2011.
• The amended acts came into force with the Immigration Regulations,
2014.
• They came into operation on 26 May 2014.
• These new laws changed how we handle movement in and out of SA
NEW IMMIGRATION
REGULATIONS
1. Where parents are travelling with a child.
Requirements:
(i) Such parents must produce an unabridged birth certificate of the child
reflecting the particulars of the parents of the child.
(ii) Adopted children to provide proof of adoption by means of an adoption
certificate
Explanatory Note:
These regulations apply to all travellers,
foreign as well as South African; on
departure as well as arrival.
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.
All documents must be 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. Where one parent is travelling with a child.
Requirements:
(i) Such parent must produce an unabridged birth certificate of the child
reflecting the particulars of the parents of the child
(ii) Consent in the form of an affidavit from the other parent registered
as a parent on the birth certificate of the child authorising him or her
to enter into or depart from the Republic with the child he or she is
travelling with
(iii) 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 (iv) Where applicable, a death certificate
of the other parent registered as a parent of the
child on the birth certificate;
(v) Legally separated parents should also
provide a court order when the other parent does
not give consent.
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 or his or her parents, approve such a person to enter into or depart from
the Republic with such a child.
Explanatory Note:
The affidavit may not be older than 3 months, dating from the date of travel.
3. Where a person is travelling with a child who is not his
or her biological child, he or she must produce.
Requirements:
(i) A copy of the unabridged birth certificate of the child;
(ii) An affidavit from the parents or legal guardian of the child confirming
that he or she has permission to travel with the child;
(iii) Copies of the identity documents or passports of the parents or legal
guardian of the child; and
(iv) 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 or his or her parents, approve such a person to enter
into or depart from the Republic with such a child.
4. Any unaccompanied minor shall produce
to the immigration officer
Requirements:
(i) Proof of consent from one of 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;
(ii) A letter from the person who is to receive the child in the Republic,
containing his or her residential address and contact details in the
Republic where the child will be residing;
(iii) 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
(iv) The contact details of the parents or legal guardian of the child.
5 Any child who is in alternative
care as defined in the
Children’s Act, 2005
(Act No. 38 of 2005)
Requirements:
shall, before departing from the Republic,
produce a certified copy of an authorisation
letter from the Provincial Head of the Department
of Social Development where the child resides as
contemplated in section 169 of the Children’s Act.
Explanatory Note:
This Regulation has entered into force on 26 May 2014.
