# Emergency Travel: Traveling with a baby and parents are on work permits



## RubyRuby (Jun 28, 2015)

Hi All,

This a matter of emergency, and I would really appreciate your help.

My friend has to attend to her dying father back in her home country. Her baby was born here in South Africa, both her and her husband are on valid critical skills work permit, but the 2 months old baby does not have a visa.

Question is: Can she travel back home with her baby without a valid permit for the baby? Or will the baby be declared undesirable the moment they leave South Africa?

Also, given her situation, what kind of permit should the baby for?


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## Bwixie (Mar 11, 2014)

RubyRuby said:


> Hi All,
> 
> This a matter of emergency, and I would really appreciate your help.
> 
> ...


Hi there

The child should be on a visitor visa (accompanying parent on valid work permit).
As for travelling, I travelled with my son when he had a passport with no visa, he was also born here in SA. The customs guy at OR Tambo just asked me if I had obtained my son's passport while in SA and I said yes and that was it. When we returned my son was given a 3 months port of entry visa. Then again this was December 2013 before the undesirability thing but I wasn't fined or anything.


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## RubyRuby (Jun 28, 2015)

Bwixie said:


> Hi there
> 
> The child should be on a visitor visa (accompanying parent on valid work permit).
> As for travelling, I travelled with my son when he had a passport with no visa, he was also born here in SA. The customs guy at OR Tambo just asked me if I had obtained my son's passport while in SA and I said yes and that was it. When we returned my son was given a 3 months port of entry visa. Then again this was December 2013 before the undesirability thing but I wasn't fined or anything.



Thanks a lot Bwixie. Really appreciate your response. The baby has a passport already, and the baby was born here in SA.


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## LegalMan (Dec 26, 2012)

If one follows the law exactly, then yes, your baby will be banned. Have you already applied for a visa? If not, then you haven't even tried to legalise the child and the DHA probably won't be impressed.

Best to call a lawyer with all the exact details.


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## RubyRuby (Jun 28, 2015)

LegalMan said:


> If one follows the law exactly, then yes, your baby will be banned. Have you already applied for a visa? If not, then you haven't even tried to legalise the child and the DHA probably won't be impressed.
> 
> Best to call a lawyer with all the exact details.


Thanks. Are you a lawyer? Perhaps I can have my friend give you a call?

She contacted Home Affairs in Durban, spoke to immigration officers in Lanseria (the ones in Durban were not answering the phones) and they said it should not be a problem to travel with the baby. 

At this point in time she does not have it in writing from them, so she's finding it a bit risky to travel.


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## RubyRuby (Jun 28, 2015)

Hello All,

Just some update, so after getting very confusing information from different officials at DHA and calling immigration officesr at different airports, my friend left the country. The baby was not declared undesirable.

The immigration officers themselves did not know what to do with her situation, and kept consulting with each other, then asked her if she is traveling to sort out the baby's permit, she said yes and they allowed her to leave without any issue!


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## Kickagainstxenophobia (Feb 9, 2016)

Sometimes home affairs officials are dummies and confused. &#55357;&#56832;&#55357;&#56832;&#55357;&#56832;


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## LegalMan (Dec 26, 2012)

RubyRuby said:


> Thanks. Are you a lawyer? Perhaps I can have my friend give you a call?
> 
> She contacted Home Affairs in Durban, spoke to immigration officers in Lanseria (the ones in Durban were not answering the phones) and they said it should not be a problem to travel with the baby.
> 
> At this point in time she does not have it in writing from them, so she's finding it a bit risky to travel.


Yes, sure, go ahead.


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## zeeshanmau (Jan 23, 2017)

*In a similar Situation*

Hi RubyRuby,

Can you please let me know your experience? I am in a similar situation and need to travel to India early next month. Baby's passport is expected next week. Can I travel without regularizing the status?

Zeeshan


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## RubyRuby (Jun 28, 2015)

zeeshanmau said:


> Hi RubyRuby,
> 
> Can you please let me know your experience? I am in a similar situation and need to travel to India early next month. Baby's passport is expected next week. Can I travel without regularizing the status?
> 
> Zeeshan


Hi Zeeshan,

Only seeing your message now. 

Were you able to travel with the baby?


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## zeeshanmau (Jan 23, 2017)

Yes I did. I reached the airport with lot of anxiety. However, it was a very smooth immigration without any questions being asked. They just asked for UBC and to confirm if father and mother both are travelling together. And that was it.


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## RubyRuby (Jun 28, 2015)

zeeshanmau said:


> Yes I did. I reached the airport with lot of anxiety. However, it was a very smooth immigration without any questions being asked. They just asked for UBC and to confirm if father and mother both are travelling together. And that was it.


Alright. Good to hear. Keep well


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## jollem (Nov 9, 2016)

RubyRuby said:


> Hi All,
> 
> This a matter of emergency, and I would really appreciate your help.
> 
> ...



Sorry for your situation. I understand this is an emergency but travelling with the baby will cause complications. The baby can leave the country without being declared undesirable, how ever if the baby doesn't have a birth certificate yet, at the Zim port of entry they will tell you to get one before trying to come back. If the mother tries to come back to SA without proof of the birth certificate zim port of exit will not allow her to. 


Second thing, suppose the baby has a passport, if you leave SA, then on return the baby will be given a number of days. Depending on how the immigration person is feeling the number of days can be anything between 15 days and maximum 3 months. The mother will also be given the same number of day regardless the fact that the mother has a permit. The child will now be a visitor and you wont be able to get her an accompanying visa from within the SA. They will have to return to the home country and apply a visa from there. 

If it wasnt not that its an emergency situation the best option was to apply for a birthcertificate and passport simultaneously through the zim consulate. Then apply for an accompanying visitors visa for the baby from SA. The whole process can about 2 months. 1 month for the passport and less than a month for the VISA. If you have the budget you can even take an emergency passport it takes quicker.

Good luck and please think this through and make an informed decision.


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## colesbergkhn (Jun 27, 2016)

jollem said:


> Sorry for your situation. I understand this is an emergency but travelling with the baby will cause complications. The baby can leave the country without being declared undesirable, how ever if the baby doesn't have a birth certificate yet, at the Zim port of entry they will tell you to get one before trying to come back. If the mother tries to come back to SA without proof of the birth certificate zim port of exit will not allow her to.
> 
> 
> Second thing, suppose the baby has a passport, if you leave SA, then on return the baby will be given a number of days. Depending on how the immigration person is feeling the number of days can be anything between 15 days and maximum 3 months. The mother will also be given the same number of day regardless the fact that the mother has a permit. The child will now be a visitor and you wont be able to get her an accompanying visa from within the SA. They will have to return to the home country and apply a visa from there.
> ...


 if the asylum person have a kid from sa id holder then what?can she apply for her relative visa as a wife of sa id holder?or she must go back to the country to apply there?n what the kid can get or the kid have to go too with her mother in there country to apply?


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