It’s been 10 years since the Immigration Act came into effect, which brought us the Unabridged Birth Certificate and a myriad of uncertainties around minors travelling. There have been many changes since then – most notably to infant passports. With this handy guideline you’ll be ready and able to advise your clients with confidence!
Initially introduced in 2014 by former Minister of Home Affairs, Malusi Gigaba to counter child trafficking; the Immigration Act has been in effect since 1 June 2015. It references the dreaded Unabridged Birth Certificate (UBC) but also put into place a whole host of additional requirements for children crossing the SA border depending on who is accompanying them.
Before we unpack this act, let’s get some basics out of the way.
Frequently Asked Questions
Who is considered a child (minor)?
In South Africa, anyone under the age of 18 years is considered a minor.
Who is considered a parent?
When the act refers to a parent, they refer to a person as recognised as such on the Unabridged Birth Certificate or in the child’s passport.
What is an Unabridged Birth Certificate?
It is different than a regular birth certificate in that it contains parental details. To eliminate confusion they now refer to a Birth Certificate Containing Parental Details in the act to demonstrate the difference.
When do you need an Unabridged Birth Certificate?
When you want a minor to cross the South African border, whether entering or leaving the country, they need to either present an Unabridged Birth Certificate for the minor or the minor should have a passport that contains parental details for both parents. This is not required for domestic travel.
How long does it take to get the necessary documents?
Documents like UBCs and passport take on average 4-8 weeks to process, but there are often delays and a lucky few might get their docs sooner. In order to be on the safe side, always advise passengers to acquire this document well in advance, but should an emergency arise passengers can still attempt to get the UBC on the same day.
What about printing parental details in a minor’s passport?
If the minor’s passport contains parental details, then they do not require an Unabridged Birth Certificate. Most new passports issued in South Africa will contain parental details on a seperate page.
Immigration Act (Regulation 6)
In addition to a passport and possibly a visa (depending on travel destination), the act now requires minors to travel with the following documents:
If both birth certificate/passport parents are travelling with the child:
The minor only needs an Unabridged Birth Certificate or passport containing parental details. (Regulation 6(12)(a))
If only one parent travelling with the child
In addition to the unabridged birth certificate or passport containing parental details, they will also require one of the following:
- Affidavit giving consent from other parent. Complete this government document and have it stamped at a police station. (Regulation 6(12)(b)(i)); or
- A court order granting full parental responsibilities and rights or legal guardianship in respect of the child (consent was refused or not possible) (Regulation 6(12)(b)(ii)); or
- A death certificate if one of the parents is deceased. (Regulation 6(12)(b)(iii))
If both parents are deceased
The Director-General may approve the entrance or departure of such a child from the Republic as long as they are in the care of a family member or another person related to him or the parents. (Regulation 6(12).
If you are travelling with an unrelated child
In addition to the Unabridged Birth Certificate or passport containing parental details, they will also require:
- An affidavit from the parents or legal guardian giving permission; and
- Copies of the ID’s or Passports of the parents/legal guardians of the child; and
- The contact details of both parents or the legal guardian of the child.
If the Child is an Unaccompanied Minor
In addition to the Unabridged Birth Certificate or passport containing parental details, they will also require:
- Proof of consent from both of the child’s parents or legal guardians is required. If only one parent gives consent he or she need to 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.
- A letter from the person that is to receive the child from the Republic he is travelling to with his contact details and the address where the child will be residing.
- A copy of the person who is to receive the child in the Republic’s ID or valid Passport and Visa or permanent residence permit.
- The contact details of the parent or legal guardian.
Please note that where the law specifically stipulates that copies are acceptable they refer to certified copies. Only when they specifically refer to a copy do you not require the original document.
We will endeavour to keep this document up to date, but agents should keep an eye on the Department of Home Affairs website for official updates. Now you can advise all parents on exactly what they require in accordance with the act.