# PR Section 27(g) rejected



## Jack14 (Oct 26, 2014)

Just an Update

I received my rejection latter today for PR Application section 27(g)

It was rejected because of regulation 23(7) which is in the new regulations

I applied under the old regulations in December 2013, long before the start of the new regulations, but for some reasons they rejected my application based on regulation 23(7) which is in the new regulations. this people are taking chances 

reason for rejection.
An application for permanent resident in terms of section 27 (g) of the immigration act 13 of 2011, as amended, read together with regulation 23 (7), requires the citizen or permanent residence holder to satisfy the Director - General that he or she is able and willing to support and maintain the applicant. Your dependent is not in a position to assume financial, emotional, medical and physical responsibility for you due to the fact that he or she is a minor. You are unable to fulfill the above mentioned requirement and satisfy the Director - General accordingly. You therefore do not qualify for permanent residence in terms of section 27 (g) of the immigration act.

Any advise will be greatly appreciated


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## Spiggles (Mar 19, 2014)

Jack14 said:


> Just an Update
> 
> I received my rejection latter today for PR Application section 27(g)
> 
> ...


Hi Jack14,

I am so sorry to hear that.
So how do other people apply for PR through an SA minor?
As far as I know, many many people apply through an SA minor.
I think you will have to take this matter to an immigration lawyer to get some advice to formulate an appeal.


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## LegalMan (Dec 26, 2012)

Spiggles said:


> Hi Jack14,
> 
> I am so sorry to hear that.
> So how do other people apply for PR through an SA minor?
> ...


Ridiculous - the law does allow for PR through a minor SA citizen/PR. Time to appeal?


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## Nomqhele (Feb 18, 2014)

LegalMan said:


> Ridiculous - the law does allow for PR through a minor SA citizen/PR. Time to appeal?


Hi Legalman,don't you think it's high time you also right about this on news24-just a suggestion


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## LegalMan (Dec 26, 2012)

Nomqhele said:


> Hi Legalman,don't you think it's high time you also right about this on news24-just a suggestion


Absolutely! Note that I have not seen the application made and perhaps there were errors or proofs missing. Still, worth an article!


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## Jack14 (Oct 26, 2014)

LegalMan said:


> Ridiculous - the law does allow for PR through a minor SA citizen/PR. Time to appeal?


To appeal withing 10 working days 

I will submit the appeal tomorrow, If the appeal get rejected I will take legal action 

I believe many people have similar problem, We can come together and take legal action ?


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## Spiggles (Mar 19, 2014)

Jack14 said:


> To appeal withing 10 working days
> 
> I will submit the appeal tomorrow, If the appeal get rejected I will take legal action
> 
> I believe many people have similar problem, We can come together and take legal action ?


Did you manage to submit an appeal?
Its really strange, Relative's Visa (temporary) in new immigration rule clearly states that "Provided that the financial assurance shall not be required where the South African citizen or permanent resident is a dependent child." .
So I would think that is the case for PR as well:confused2:


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## Jack14 (Oct 26, 2014)

Spiggles said:


> Did you manage to submit an appeal?
> Its really strange, Relative's Visa (temporary) in new immigration rule clearly states that "Provided that the financial assurance shall not be required where the South African citizen or permanent resident is a dependent child." .
> So I would think that is the case for PR as well:confused2:


I will submit the appeal next week

My application was submitted under the old regulations but they rejected based on section 23(7) which is in the new regulations 

Dealing with this people is a nightmare, they act like programed robots

The adjudicator who dealt with my application was surely programmed to process applications under the new regulation and because he didnt have a brain of his own, he didnt noticed that my application was submitted in 2013 under the old regulations 

I wonder what their defense is going to be if this matter goes to court


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## rainbow84 (Feb 8, 2010)

Please update us on the happenings.


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## Jack14 (Oct 26, 2014)

rainbow84 said:


> Please update us on the happenings.


Hi Rainbow

Any news regarding your section 27 g appeal ?

Regards


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## rainbow84 (Feb 8, 2010)

Still awaiting a judgement on my appeal sent in jan/Feb 2015. 
Not sure what else I can do besides waiting, any advice?
Any news from anyone with successful appeal?


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## Jack14 (Oct 26, 2014)

rainbow84 said:


> Still awaiting a judgement on my appeal sent in jan/Feb 2015.
> Not sure what else I can do besides waiting, any advice?
> Any news from anyone with successful appeal?


My appeal was submitted in December 2014, It has been process, I will collect the decision next week

I will let you know what the outcome is 

Regards


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## rainbow84 (Feb 8, 2010)

Good luck Jack. I hope they processed it with some brains behind the judgement.


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## ernal (Jul 16, 2014)

Jack Please keep us posted and also what new applicant need know if applying through this section.


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## Nomqhele (Feb 18, 2014)

Hi Ernal

To avoid disappointment, avoid applying for PR through this section of the Act, unless your child is above 18 and in a position to support you financially and emotionally 

Regards 

N


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## ernal (Jul 16, 2014)

Hi Nomqele, did your decision finally come through?


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## Nomqhele (Feb 18, 2014)

Hi Ernal

It was a negative outcome which l won't even bother appealing as prospects of success are slim,but l have resorted to apply for PR through option B.Regulation 23(7) has made PR application through a child impossible-so try by all means to avoid applying through this section,if you don't want disappointment.


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## ernal (Jul 16, 2014)

Thanks for the information


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## Aussieabroad (Jul 13, 2015)

Any update on this? I have a similar situation. 

Thanks


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## ernal (Jul 16, 2014)

What i also don't understand this days is some people are being asked to take a patronal dan test before their name can appear on birth certificate can anyone confirm this story?


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## Nomqhele (Feb 18, 2014)

The new rule requires you to do a paternity test if you are a foreign national.


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## ernal (Jul 16, 2014)

Parternity test for what? why are certain people issued birth certificate and some not, the inconsistency is just another thing. what happens if you married before the child birth or is this just limited if you requesting a birth certificate or what exactly?


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## Nomqhele (Feb 18, 2014)

It's a requirement for a foreign national if you need to do an insertion of father or mother's details on the child's birth record.This thing started early March 2014.


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## ernal (Jul 16, 2014)

yes but i know a married couple days ago with father being foreign national and they still got a birth certificate with his name on it, they married though


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## Nomqhele (Feb 18, 2014)

Once more we take this opportunity to welcome you all to our media briefing. The media is an important element in ensuring the citizenry is well informed about efforts that government undertakes to constantly improve people’s lives. In this context, our briefing today will focus on, among others, the new births and deaths regulations which came into effect on 01 March 2014, and the invalidation of duplicate IDs.

THE NEW BIRTHS AND DEATHS REGULATIONS

You will recall that we gazetted the Births and Deaths Amendment Act, 2010 on 7 December 2010. We published the Regulations on the Registration of Births and Deaths on 26 February 2014 as required by our statutory procedures.

The Amendment Act and the new Regulations came into operation on 1 March 2014 during an important month in our country dedicated to human rights. Home Affairs plays a pivotal role in ensuring every individual’s human rights are protected.

We see updating and strengthening legislation on births registration as a fundamental step in protecting our national population register, citizenship, identity and human rights.

You would know that recently we have been doing much work also in improving and strengthening our immigration laws.

In our continued efforts to secure the integrity of our national population register, we have effected the following changes:

Firstly we have tightened up processes for birth registration in that, among others, we now require the notification of birth to be made by both parents whose fingerprints we will verify as part of the process of registering children. We also now require the palm, foot or fingerprint of the child whose birth is sought to be registered to be taken and archived.

These measures are being introduced in an attempt to eliminate fraud relating to parentage as well as one child being used to register multiple birth certificates.

If the parents are deceased we require notice of birth to be given by the legal guardian or next of kin of the child.

The birth notification must be submitted within 30 days of birth. We have begun to see a shift in the behaviour of South African parents in that the trend is showing that most births are registered within the first year of birth. This has got to change if we are to have a secure and reliable National Population Register.

We therefore will be introducing a registration fee for those parents who register their children’s birth within the first year but after the 30 day period provided by the law. We hope this will incentivise compliance on the part of parents who have to take seriously the responsibility of parenthood. This entails exercising their civic duty toward their children who have a right to nationality and citizenship. We also have introduced a larger administrative fee for those persons who register the birth of their children after the first year of birth.

We reiterate the call made by the President when he launched the National Registration Campaign in 2010 to ensure that all children are registered within 30 days of birth.

In many countries the law states that children are to be registered immediately after birth. In our country the law provides a leeway of 30 days. In addition we have a footprint in over 300 hospitals both public and private around the country all in an effort to make it easier for parents to access our services.

All birth notifications will be subject to verification and may also be subject to screening through interview processes where there is need to do so.

Birth registration processes have been put in place for various categories of children including:

· Two categories of children born to non-South African citizens (permanent and non-permanent)

· Abandoned and orphaned children may be registered by a social worker designated by the Children’s court

· Adopted children

· South African children born outside of the Republic

· Children born out of wedlock

This last category poses numerous challenges for the department as there are many permutations relating to these types of family relations.

There is the situation where the father is not forthcoming and the birth certificate reflects only the mother of the child. If the father later wishes to acknowledge paternity, in this instance we have difference requirements for fathers who are South African citizens and those that are not.

In this regard we have been aware that single mothers who get involved in relationships with non-South African men come to our offices to record these persons as fathers of their children even if they not the biological fathers.

This is then used by such persons to address our department for permanent status in the country due to the right that children have to be cared for by their parents. In this regard where such a circumstance arises we now require the results of paternity tests. This is applicable to non-South Africans.

Where there is an application by a third party to substitute his particulars as the father of a child and to effectively remove the recorded father’s name in the birth certificate, the regulations now provide that a paternity test must be submitted by the applicant.

The other scenario which transpires is where the parents of a child born out of wedlock are both recorded as parents but their status is unmarried and recorded as such. They subsequently marry and with to change their marital status on the child’s profile, the law provides that this may be done.

The regulations also provide for the different scenarios relating to name-change. One notable insertion into the law is that where an adult person requires a name-change, the application shall be published in the Government Gazette for general public edification, also in this instance, the law provides that no change of birth date may be accepted and consequently no change may be effected to the ID number of the person who changes any part of his/her name. 

These are some of the ways through which we hope to restore identity and dignity to all our people in every part of the country, urban and rural, while fostering and promoting social cohesion, nation-building and unity in the state. We have made great strides notwithstanding formidable challenges including fraudulent acquisition of citizenship and fear of excluding some from enjoying benefits of democracy due to gaps in legislation.


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## Nomqhele (Feb 18, 2014)

Extracted this article from DHA website


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## ernal (Jul 16, 2014)

I still don't get it, does this apply to out of wedlock or insertion, cos like i said i know of couples which one of the spouses is of foreign national and still have being able to secure a genuine birth certificate with both parents name present


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## ernal (Jul 16, 2014)

Well not like any one can use their kid for Permanent residence purpose any more aside for purpose of traveling. I believe the latter as suggested applies to kids born out of wedlock


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