Whatshot
Legal Talk
Legal Talk
Author: Fawzia Khan
Date: 2015-05-15
Date: 2015-05-15
As the winter holidays are on the horizon, many fortunate families get to travel abroad. Parents who want to travel abroad with children under 18 years of age need to have a copy of their child's unabridged birth certificate, together with the child's passport. The laws requiring this compliance will kick in as from 1 June 2015.
Source: Travelstart
Why is it being done?
This is being done to curb human trafficking. According to the Department of Home Affairs, 30 000 minors are trafficked through South African borders every year. 50% of these minors are under the age of 14.
When the new immigration regulation comes into effect on 1 June 2015, it will be the responsibility of passengers to ensure their children have the correct documentation or risk being denied boarding.
The new law will be enforced by airlines and immigration officials across the board (land, sea and air). Although airlines and travel agents are doing everything to keep passengers informed, ultimately it will be passengers' responsibility to know what is required of them.
In all cases an Unabridged Birth Certificate will be required for minors departing and arriving in South Africathey will not be allowed to travel without it.
In cases where the Unabridged Birth Certificate is in a language other than English, it must be accompanied by a sworn translation issued by a competent authority in the country concerned.
When a child travels with only one parent, additional documents should include an affidavit in which the absent parent gives consent for the child to travel, a court order granting full parental responsibilities or legal guardianship of the child, or the death certificate of the absent parent.
The affidavit should be no more than three months old from date of travel.
In the case of a child travelling with a person other than a parent, the Unabridged Birth Certificate must be supplemented by affidavits from the parents or legal guardians confirming that the child may travel with that person, copies of the ID documents or passports of the parents or legal guardian, and the contact details of the parents or legal guardian.
Similarly, a child travelling as an unaccompanied minor would have to produce not only the Unabridged Birth Certificate, but also proof of consent from both parents or legal guardians and contact details, plus documentation relating to the person receiving the child in South Africa.
The latter documentation should include a letter stating the person's contact details and residential address, contact details where the child will be residing, plus a copy of his or her ID document, passport or residence permit.
- The new law does not apply to children travelling domestically (E.g. Between Johannesburg and Cape Town).
- Minor passengers on a 'Cruise to Nowhere'. For example a cruise that departs Durban Harbour and returns to Durban Harbour, or a cruise that goes from Durban Harbour to Cape Town Harbour.
Know your rights! The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney. Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.
