New Immigration Laws: Unabridged Birth Certificates. The Breakdown

The 1st June 2015 saw the new immigration laws come into effect for passengers travelling in and out of South Africa with children. There has been mass confusion since, with many not sure of what the actual requirements are. Read on for a breakdown that simplifies these new requirements with the various travel scenarios.

CHILD IS TRAVELLING WITH BOTH PARENTS:

1. Biological Parents

• Valid Passports of both parents and the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC

2. Adoptive Parents

• Valid Passports of both parents and the child
• Valid Visa (If required)
• Unabridged Birth Certified, or equivalent document, if country of residence does not issue a UBC
• Court order confirming the adoption of the minor by the adoptive parent/s OR the Adoption certificate

3. Legal Guardians

• Valid Passports of both parents and the child
• Valid Visa (If required)
• Unabridged Birth Certified, or equivalent document, if country of residence does not issue a UBC
• Guardianship Order

CHILD IS TRAVELLING WITH 1 PARENT / GUARDIAN:

Parents are married:


1. Biological Parents

• Valid Passport of the travelling parent and the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed

2. Adoptive Parents

• Valid Passports of the travelling parent and the child
• Valid Visa (If required)
• Unabridged Birth Certified, or equivalent document, if country of residence does not issue a UBC
• Court order confirming the adoption of the minor by the adoptive parent/s OR the Adoption certificate
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed OR Guardianship Order

Parents are Divorced or Legally Separated:


1. With specific parental rights and responsibilities

• Valid Passport of the travelling parent and the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed OR Court Order granting FULL parental rights and responsibilities to travelling parent OR Court Order granted in terms of section 18(5) of the Children's Act, 2005

2. With full parental rights and responsibilities

• Valid Passport of the travelling parent and the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Parental Consent Affidavit (PCA) not older than 3 months
• Court Order granting FULL parental rights and responsibilities to travelling parent

Child has Legal guardian/s:


1. With joint legal guardianship

• Valid Passport of the travelling guardian and the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Guardianship Order
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed

2. With full legal guardianship

• Valid Passport of the travelling guardian and the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Guardianship Order

 

Parent is Widowed:


1. Biological Parent

• Valid Passport of the travelling parent and the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Death Certificate of deceased parent

2. Adoptive Parent

• Valid Passports of the travelling parent and the child
• Valid Visa (If required)
• Unabridged Birth Certified, or equivalent document, if country of residence does not issue a UBC
• Death Certificate of deceased parent
• Court order confirming the adoption of the minor by the adoptive parent/s OR the Adoption certificate

 
Single Parent (Only one parent on the birth certificate): 

• Valid Passport of the travelling parent and the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC

 
Parents are not married but both names appear on the Birth Certificate: 

• Valid Passport of the travelling parent and the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed OR Court Order granting sole parental rights and responsibilities to travelling parent   

CHILD IS TRAVELLING UNACCOMPANIED:


Parents are married:


1. Biological Parents

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parent/s or legal guardian/s of the minor
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed OR Court Order granting sole parental rights and responsibilities

2. Adoptive Parents

• Valid Passports of the child
• Valid Visa (If required)
• Unabridged Birth Certified, or equivalent document, if country of residence does not issue a UBC
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parent/s or legal guardian/s of the minor
• Court order confirming the adoption of the minor by the adoptive parent/s OR the Adoption certificate
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed OR Guardianship Order

Parents are Divorced or Legally Separated:


1. With specific parental rights and responsibilities

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parent/s or legal guardian/s of the minor
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed OR Court Order granting FULL parental rights and responsibilities to travelling parent OR Court Order granted in terms of section 18(5) of the Children's Act, 2005

2. With full parental rights and responsibilities

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parent/s or legal guardian/s of the minor
• Parental Consent Affidavit (PCA) not older than 3 months
• Court Order granting FULL parental rights and responsibilities to travelling parent

Child has Legal guardian/s:


1. With joint legal guardianship

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parent/s or legal guardian/s of the minor
• Guardianship Order
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed

2. With full legal guardianship

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parent/s or legal guardian/s of the minor
• Guardianship Order

Parent is Widowed:


1. Biological Parent

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Death Certificate of deceased parent
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parent/s or legal guardian/s of the minor

2. Adoptive Parent

• Valid Passports of the child
• Valid Visa (If required)
• Unabridged Birth Certified, or equivalent document, if country of residence does not issue a UBC
• Death Certificate of deceased parent
• Court order confirming the adoption of the minor by the adoptive parent/s OR the Adoption certificate
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parent/s or legal guardian/s of the minor

 

Single Parent (Only one parent on the birth certificate):

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parent/s or legal guardian/s of the minor

Parents are not married but both names appear on the Birth Certificate:

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parent/s or legal guardian/s of the minor
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed OR Court Order granting sole parental rights and responsibilities to travelling parent   

Child is in alternative care (Foster home, temporary safe care etc):

• Valid passport of the child
• Valid visa, if required
• Letter from the Provincial Head of the Department of Social Development where the child resides, authorising his or her departure from the Republic as contemplated in section 169 of the Children's Act.
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parents or legal guardian of the minor

Child is orphaned without legal guardian or adoption yet:
 

• Valid passport of the child
• Valid visa, if required
• Letter from the Provincial Head of the Department of Social Development where the child resides, authorising his or her departure from the Republic as contemplated in section 169 of the Children's Act.
• Letter from the person who is to receive the minor in South Africa or foreign country; containing his or her residential address and contact details where the minor will be residing.
• Proof of identity of the person who is to receive the minor in South Africa or foreign country; either copy of the identity document, or valid passport and visa, or permanent residence permit
• Contact details of the parents or legal guardian of the minor

CHILD IS TRAVELLING WITH AN ADULT WHO IS NOT A PARENT OR LEGAL GUARDIAN


Parents are married:


1. Biological Parents

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed

2. Adoptive Parents

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certified, or equivalent document, if country of residence does not issue a UBC
• Court order confirming the adoption of the minor by the adoptive parent/s OR the Adoption certificate
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed OR Guardianship Order

Parents are Divorced or Legally Separated:


1. With specific parental rights and responsibilities

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed OR Court Order granting FULL parental rights and responsibilities to travelling parent OR Court Order granted in terms of section 18(5) of the Children's Act, 2005

2. With full parental rights and responsibilities

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Parental Consent Affidavit (PCA) not older than 3 months
• Court Order granting FULL parental rights and responsibilities to travelling parent

 

Child has Legal guardian/s:


1. With joint legal guardianship

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Guardianship Order
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed

2. With full legal guardianship

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Guardianship Order
• Parental Consent Affidavit (PCA) not older than 3 months

Parent is Widowed:


1. Biological Parent

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Death Certificate of deceased parent
• Parental Consent Affidavit (PCA) not older than 3 months

2. Adoptive Parent

• Valid Passports of the child
• Valid Visa (If required)
• Unabridged Birth Certified, or equivalent document, if country of residence does not issue a UBC
• Death Certificate of deceased parent
• Court order confirming the adoption of the minor by the adoptive parent/s OR the Adoption     certificate
• Parental Consent Affidavit (PCA) not older than 3 months

 

Single Parent (Only one parent on the birth certificate):

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Parental Consent Affidavit (PCA) not older than 3 months

 

 Parents are not married but both names appear on the Birth Certificate:  

• Valid Passport of the child
• Valid Visa (If required)
• Unabridged Birth Certificate (UBC) , or equivalent document, if country of residence does not issue a UBC
• Parental Consent Affidavit (PCA) not older than 3 months OR Letter of special circumstances issued by the Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has yet been appointed OR Court Order granting sole parental rights and responsibilities to travelling parent   

Child is in alternative care (Foster home, temporary safe care etc):

• Valid passport of the child
• Valid visa, if required
• Letter from the Provincial Head of the Department of Social Development where the child resides, authorising his or her departure from the Republic as contemplated in section 169 of the Children's Act.

Child is orphaned without legal guardian or adoption yet:

• Valid passport of the child
• Valid visa, if required
• Letter of Special Circumstances issued by Director-General of Home Affairs in the event that a parent or parents are incapacitated or deceased and no legal guardian has been appointed as yet.

 

If you require any further information or clarification, please contact Sure Travel 24-7 on 011 896 5295