남아프리카공화국 미성년자 출입국 관련 소지서류 요건 변경 공지
○ 남아공 내무부 출입국관리국은 2015년 6월 1일부터 미성년자(남아공 출입국관리법상 18세 미만)의 남아공 출입국 시 부모가 동반하는 경우에도 여권 외에 출생증명서 등 추가서류를 소지토록 했습니다.
○ 이러한 요건이 관광산업 및 투자유치를 저해한다는 비판이 꾸준히 제기되어, 남아공 내무부는 미성년자 출입국 관련 내용을 개정하고 동 내용을 2019.11.11.부로 남아공 내무부 홈페이지에 게재한 바, 주요 변경 내용은 아래와 같습니다.
- 부모 모두 동반, 부모 중 한쪽(부 또는 모) 동반, 부모 아닌 제3자(성인) 동반 출입국시 미성년자는 유효한 여권 소지만으로 출입 가능 - 성인 동반 없이 미성년자 단독 출입국시에는 여권 외에 출생증명서, 부모동의서 등 추가서류 소지 필요
* 참고로, 동 개정 내용이 널리 알려지지 않아 미성년자 동반 남아공 출입국시 불편을 겪는 일이 발생할 수 있으므로, 하단의 남아공 내무부 홈페이지 관련 내용을 출력하여 소지하시기 바랍니다.
UPDATED ADVISORY NOVEMBER 2019: NEW REQUIREMENTS FOR
CHILDREN TRAVELLING THROUGH SOUTH AFRICAN PORTS OF ENTRY
Published:
02 April 2019, Revised: November 2019
The requirements for
children travelling to or from the Republic of South Africa are aimed at giving
effect to the Children’s Act, 2005.
1. APPLICATION OF THE REQUIREMENTS
1.1. The documents
listed under paragraph 2 must on request be produced at a port of entry by
South African children entering and leaving the Republic, as well as by
unaccompanied minors, regardless of their nationalities.
1.2. Foreign
children who apply for a South African visa at any mission or VFS service point
must submit, as part of the applications, the documents required under
paragraph 2 prior to such visa being issued.
2. DOCUMENTS REQUIRED FOR TRAVELLING THROUGH A PORT OF ENTRY OF THE
REPUBLIC
CATEGORY
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SOUTH
AFRICAN CHILD
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FOREIGN
VISA EXEMPT CHILD
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CHILD
ACCOMPANIED BY BOTH PARENTS
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· valid passport
· copy of a birth certificate / equivalent document
or passport containing the details of the parent or parents of the child
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· valid passport
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CHILD
ACCOMPANIED BY ONE PARENT
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· valid passport
· copy of a birth certificate/equivalent document
· parental consent letter
· copy of the passport / identity document of the
absent parent
· contact details of the absent parent
· where applicable-
o copy of a court order granting full parental
responsibilities and rights or legal guardianship in respect of the child.
o copy of a death certificate of the deceased parent
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· valid passport
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CHILD
TRAVELLING WITH PERSON WHO IS NOT HIS / HER BIOLOGICAL PARENT
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· valid passport
· copy of a birth certificate/equivalent document
· parental consent letter(s)
· copy of the passport(s)/ identity document(s) of
the parent(s)/legal guardian(s)
· contact details of the parent(s)/legal guardian(s)
· where applicable-
o copy of a death certificate
o copy of an adoption order
o copy of a court order granting full parental
responsibilities and rights / legal guardianship in respect of the child.
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· valid passport
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UN-ACCOMPANIED
CHILD
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· copy of his /her birth certificate
· parental consent letters
· copy of the passport(s)/identity document(s) of the
parent(s) / legal guardian(s)
· contact details of the parent(s)/ legal guardian(s)
· letter from the person who is to receive the child
in the Republic, containing his / her residential address and contact details
in the Republic where the child will reside
· copy of the identity document / valid passport and
visa or permanent residence permit of the person who is to receive the child
in the Republic
· where applicable-
o copy of an adoption order
o copy of a death certificate of the deceased parent/
parents or legal guardian;
o copy of a court order granting full parental
responsibilities and rights or legal guardianship in respect of the child
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CHILD IN
ALTERNATIVE CARE
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· valid passport
· letter from the Provincial Head of the Department
of Social Development where the child resides authorising his or her
departure from the Republic as contemplated in section 169 of the Children’s
Act (Act No. 38 of 2005).
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3. EXEMPTIONS
3.1. South African
children travelling on South African passports may travel to South Africa
without birth certificates.
3.2. Supporting
documents are not required where children are in direct transit at an
international airport.
3.3. Children in
possession of valid South African visas are not required to produce the
documents already submitted as part of their visa applications when travelling
through a port of entry of the Republic.
3.4. A child
presenting a passport which contains the details of his or her parent or
parents is not required to produce a birth certificate/equivalent document.
3.5. In the case
of school tours, the parental consent letter may be replaced with a letter from
the school principal confirming that all consent letters are held by the school. Upon producing this letter, immigration
officers at ports of entry and South African missions abroad would not require
any additional documents from individual scholars such as parental consent,
birth certificates, death certificates, court orders or copies of the passports
or identity documents of the parents and of the person receiving the child in
SA. This special dispensation applies to all schools registered with the
Department of Basic Education in South Africa and its equivalent abroad in respect
of South African and visa required children. Download the suggested
format for this letter here.
4. INABILITY
TO CONSENT DUE TO RECENT DEATH OR MENTAL OR PHYSICAL DISABILITY:
Where parent/s recorded in a BC/
equivalent document are unable to consent to the travel by a child due to
recent death or mental or physical disability, persons acting on behalf of the
child/children may apply for a special dispensation in lieu of parental consent
by directing a request and full motivation, together with all supporting
documents (for example, treating medical practitioners certificate), to the
Office of the Director-General of Home Affairs, at the following e-mail
address: consent@dha.gov.za
Note:
· This dispensation only applies to incapacity, and not
where a parent is either unwilling to consent or unable to be located due to
separation or divorce.
· Where a parent refuses to give consent, a court order in
terms of section 18(5) of the Children’s Act, 2005 (Act No. 38 of 2005), may be
presented in lieu of parental consent.
5. DEFINITIONS
Alternative Care
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· Section 167 of the Children’s Act, 2005 (Act No. 38
of 2005), states that a child is in Alternative Care if the child has been
placed in:
o foster care;
o the care of a child and youth care centre following
an order of a court in terms of that Act or the Criminal Procedure Act, 1977
(Act No. 51 of 1977); or
o temporary safe care.
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Birth Certificate
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· An extract from the Birth Register containing the
particulars of a child and his / her parent(s). Birth certificates containing
the details of a child as well as his/her parent/s are accepted for the
purposes of these Requirements regardless of the country of issue.
· In the case of countries that do not issue BC, an ’Equivalent
Document’ containing the particulars of the child and his / her parent/s,
issued by the competent authority of that country, or an embassy of that
country may be produced. Suggested format for Equivalent
Document is available here
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Child
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· South African law regards any person younger than
18 years as a child.
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Equivalent Document
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· In the case of countries that endorse the
particulars of parents in children’s passports, or other official
identification documents, these documents shall be acceptable for the purpose
of establishing the identity of the parents of the travelling child.
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Letter of special Circumstances
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· Letter issued by the Director-General of Home
Affairs in lieu of parental consent in the event of recent death or mental or
physical disability.
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Parent
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· Unless the context indicates otherwise, the word
“parent” includes adoptive parents and legal guardians.
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Parental Consent Letter
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· must accompany a BC when any parent is not
travelling with his or h er child;
· must not be older than 6 months when presented;
· Suggested format of the Parental Consent letter is
available here: ParentalConsentLetter
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