Visa rules split family

New South African visa rules have left a woman stranded abroad with the prospect of being separated from her family.

British citizen Olivia Lock, 39, who is married to South African Maurice van Heerden, 30, has fallen victim to new Home Affairs regulations that could be a nightmare for thousands of foreigners living in South Africa on work or spousal visas.

The couple was all set to board a flight to London at OR Tambo on Wednesday when immigration officials called Lock aside and told her she was prohibited from re-entering South Africa for 12 months.

Speaking to The Times yesterday at a family member's home in Camden, north London, Lock said: "I'm scared now. I'm due to be back at work. What do I tell my employer? If I'm stuck here, what do I do with [son] Jamie? Do I keep him here away from his father?"

Lock was banned because her spousal visa expired while she was waiting for Home Affairs to finalise her application for a new visa.

Before the new rules came into effect , a foreigner could leave and re-enter South Africa by showing a "receipt of pending application" as proof that an application to extend a visa, or to change status, had been made.

Robbie Ragless, of New World Immigration SA, said the new rules would have far-reaching consequences.

"Any foreign applicant who leaves South Africa on a "receipt of pending application" that has not been finalised, and whose visa has expired, will be declared undesirable and will not be able to re-enter South Africa for 12 months to five years, depending on if they overstay for less than 30 days or for more," said Ragless.

This meant most people who left South Africa while awaiting the outcome of their application would not be able to return.

"Previously, because Home Affairs was taking so long to approve applications, foreigners could leave and enter without problems," Ragless said.

"Employers and business people will not be able to return to manage their business interests and retired people with a home in South Africa will not be able to return because of the inefficiencies of the Home Affairs systems.

"Home Affairs is currently taking two to four months to approve an application," he said.

Immigration lawyers and companies have asked the Department of Home Affairs to review the new regulations.

New Home Affairs Minister Malusi Gigaba defended the new visa regulations, saying they were constitutional.

But for Lock and her family, their life in South Africa is now at risk.