Immigration Circular No. 11 of 2024, issued by the Department of Home Affairs, provides interim measures for foreign nationals affected by the Constitutional Court’s judgment in Rayment and Others v Minister of Home Affairs (CCT 176/22). This judgment declared parts of the Immigration Act and its Regulations unconstitutional, particularly impacting foreign nationals who were previously unable to regularize their immigration status after the termination of a good faith spousal relationship with a South African citizen or permanent resident.

Key Implications of the Circular

1. Foreign Parents Can Now Regularize Their Status:
   • A foreign parent who is fulfilling their financial responsibilities or demonstrates an intention to do so for a South African citizen or permanent resident child may apply for a new visa category within three months from the termination of the spousal relationship.
   • If applying for a relative’s visa under Section 18(1) of the Immigration Act, the visa may now be endorsed with permission to work or conduct business, allowing them to support their child financially.
2. Rights Extended to Foreign Spouses Without Children:
   • Even in cases where the terminated spousal relationship did not produce children, the foreign spouse is now permitted to apply for a visa within three months, provided they meet the eligibility criteria.
3. Application Process and Validity:
   • If an application is submitted after three months, the foreign national must provide good cause for the delay.
   • While the application is pending, the current visa remains deemed valid, ensuring legal stay in the country.

This circular remains in effect until the Immigration Act and its Regulations are formally amended to align with the Constitutional Court’s ruling.