Cape Town in the evening

Publications

Stefanie de Saude’s authority and insight into the legalities surrounding immigration and citizenship make her a go-to opinion leader and commentator in the media.

She also regularly writes on topics related to these legal practices, offering advice and insight into the systems and proceedings that govern them.

Our latest articles on leading publications

Home affairs in a cynical fight to remain dysfunctional

JONNY STEINBERG: The disgraceful aim of home affairs: to ruin people’s lives The department ceased to function in 2010 and cynically fights to remain dysfunctional. Victory for almost 500 foreigners, for the full SCA judgment please click here: SCA Judgement

Expats fear expulsion as South Africa moves to tighten job terms

* Draft critical skills list leaves out key jobs * Business group says new list “not helpful” * Country has “gross skills shortage” – group * Skills visas can curb local training – consultant * Thousands of foreigners could be affected By Wendell Roelf CAPE TOWN, Feb 27 (Reuters) – Foreign workers in South Africa […]

Expats fear expulsion as SA moves to tighten job terms

This article was originally published by Reuters. Government’s potential decision to curb expatriate employment terms threatens the already persisting skills shortage in SA. Some foreigners suspect the apparent move to curb expatriate employment terms reflects a growing climate of economic nationalism unfavourable to the hiring of non-South Africans. Foreign workers in South Africa with expertise deemed vital to the […]

Constitutional Court win paves the way for immigration progress

Immigration law expert Stefanie de Saude Darbandi, representing a family from the Democratic Republic of the Congo (DRC), has helped bring about a change in immigration law by taking the case to the high court and Constitutional Court. This welcome development secures a change in the regulations relating to citizenship by naturalisation, allowing foreigners to […]

A Crusader for Justice

Stefanie de Saude-Darbandi is one of South Africa’s foremost immigration law experts. She works tirelessly to promote access to justice for those on the margins of society, looking to make South Africa their new home. Please give a brief overview of your journey thus far. I studied part-time and worked full-time in order to pay […]

Cape tech start-up sector establishes immigration policy advocacy panel

On 5 December, the tech start-up sector in the Western Cape came together to establish a panel of volunteers to raise the sector’s collective voice in the national policy dialogue regarding the immigration system. This took place at a Town Hall discussion organised by Silicon Cape, in partnership with LaunchLab and de Saude Attorneys, and […]

Home affairs takes a (confusing) step in the right direction

The unexpected release by home affairs of new draft immigration regulations last week has come as a surprise to many. The document, titled Draft First ­Amendment of the Immigration Regulations, 2014, made under the Immigration Act, is clearly identified as a draft. But the document also stated that the amendments it listed would come into […]

Major visa changes on the way for South Africa

The unexpected release of new Home Affairs immigration regulations on Thursday (29 November) has come as a surprise to many, says immigration expert, Stefanie de Saude Darbandi of De Saude Attorneys. De Saude Darbandi said that the new draft should be seen as good news as it relaxes the visa regulations around travelling with children – however, she […]

Official approach to immigration hampers growth — and looks set to worsen

With a new bill on international migration expected to be available for comment in March 2019 and a new critical skills list intended to be implemented the  following month, would-be immigrants to SA and foreigners already living in the country are already getting a worrying preview of what these new rules may mean. Department of […]

Beware the new migrant legislation

Changes to new immigrant legislation could mean that many long-term residents are no longer eligible to remain in South Africa. All indications are that the new law may be implemented in the next few months, but many provisions are vague and potentially ill-considered. The new white paper on international migration, which appears to be close […]

Major immigration law changes to hit South Africa hard: expert

Ahead of the implementation of new immigration laws and the release of a severely shortened critical skills list, South Africa’s Home Affairs Department appears to be pre-emptively clamping down on immigration and undermining efforts to encourage foreign direct investment (FDI).

Fears over white paper’s new ‘restrictive’ immigrant laws

A specialist immigration attorney has raised some red flags over proposed changes to new immigrant legislation. Stefanie de Saude-Darbandi says the changes could mean that many long-term residents are no longer eligible to remain in South Africa. She wrote an opinion piece which was recently published in the Mail & Guardian. It appears that the […]

Victory at last for family struggling for South African citizenship

There were tears of joy as the High Court in Cape Town set aside a decision by the Department of Home Affairs to refuse a stateless family’s application for citizenship. The Mulowayi family of Kensington‚ Johannesburg‚ finally found relief on Tuesday after a protracted battle with the department, which had refused their application for citizenship […]

Home Affairs’ problems are far greater than just the Guptas

The fallout from Home Affairs Minister Malusi Gigaba awarding citizenship status to the controversial Gupta family is but a small taste of the misery that his department inflicts on thousands upon thousands of immigrants and residents every year. And while there is a concerted effort to correct the perceived wrongs regarding this single family, the […]

Stateless couple seek clarification on citizenship

A couple originally from the Democratic Republic of Congo have found themselves stateless after renouncing their citizenship in order to be naturalised as South Africans. While one of their children has been granted South African citizenship‚ the youngest child who was born last year failed to gain the same status and may not be able […]

Immigration hurdles block Ramaphosa’s vision to lure capital

Cyril Ramaphosa’s first speech as the new president of the ANC left many South Africans hopeful and enthusiastic about the country’s future. Virtually all interested parties in the immigration industry are urging him to engage with our sector urgently to discover the hurdles blocking his ambition to make SA attractive for foreign investment. While existing […]

Inept Home Affairs creating a generation of children who don’t exist

Incompetence, inconsistency and constant policy flip-flops by the Department of Home Affairs (DHA) is causing chaos among foreigners seeking residence and citizenship in South Africa. Despite exhaustive efforts by refugees, asylum seekers and skilled immigrants to adhere to South African citizenship and residence law, the DHA’s wildly inconsistent and incoherent application of laws and regulations […]

Family caught up in home affairs nightmare

When Florette and Nsongoni Mulowayi renounced their Democratic Republic of Congo citizenship, it was with the promise of a new life in a country they “want to serve”. Their eldest son had already been granted citizenship, having been born in South Africa in 2011, and they thought awarding the same status to them and their […]

Migrant bungling by home affairs officials hampers job creation

After two successive quarters of decline, the South African economy spluttered back to life in the second quarter with 2.5% GDP growth quarter on quarter. However, the country’s inability to stimulate job creation is putting it on a collision course with a sustained recessionary period, which spells disaster. The unemployment rate is at a 14-year […]

Citizenship rights and a Faulty law #GuptaLeaks

    Inconsistencies in the way South African citizenship rights are managed appear to be making citizenship more of a lucky draw than a legal process, says Stefanie de Saude, of De Saude Attorneys, in an analysis in Business Day. She points out that the Constitution explicitly states in section 20: ‘No citizen may be deprived […]

The Politics of South African Citizenship

Thousands of South Africans abroad are stripped of their citizenship, while families such as the Guptas are granted citizenship under unspecified ‘extraordinary circumstances’: the application of citizenship laws is inconsistent, says De Saude Attorneys. Immigration law expert Stefanie De Saude examines the issue:

The Big SA Citizenship “Lucky Draw”

Thousands of South Africans abroad are stripped of their citizenship, while families such as the Guptas are granted citizenship under unspecified ‘extraordinary circumstances’: the application of citizenship laws is inconsistent, says De Saude Attorneys. By Stefanie de Saude Inconsistencies in the way in which South African citizenship rights are managed appear to be making citizenship […]

Work Visa Process Impacts Thousands

By Stefanie de Saude Work visa process impacts thousands General work visas are proving virtually impossible to renew, disrupting the lives of thousands of people who call South Africa home. General work visas, once the most commonly-sought visa for foreign professionals working and living in South Africa, have become a serious challenge. Since the implementation […]

SABC Newsroom: new visa regulations for New Zealand travellers

There are new visa regulations for New Zealand travellers, says Stefanie de Saude, immigration specialist and founder of De Saude Law, on SABC Newsroom on DSTV. There were reports of widespread confusion recently, when new visa requirements came into effect for all South Africans travelling to New Zealand and all New Zealanders travelling to South Africa. In this SABC TV interview, immigration and Citizenship […]

Between theory and practice: visa surprises for immigrants

South Africa’s immigration laws implemented in May 2014 might appear to be clear and straightforward, but foreigners attempting to apply for and acquire a temporary residence visa and/or permanent residence permit are often surprised to discover that these laws, in theory, are far removed from the practice. It is not uncommon to find a number […]

What the law says about the Guptas’ South African citizenship

Last month, South Africans reeled from the revelations about state capture following the release of former Public Protector Thuli Madonsela’s State Capture report. The report implicated a broad swathe of public and private sector leaders in shady and seemingly corrupt dealings.  The report evoked outrage and condemnation from civil society, with renewed calls for a […]

Got two passports? You could be in danger of losing SA citizenship

South African citizens with two passports may find themselves unconstitutionally no longer citizens of South Africa, says Stefanie de Saude. South Africans choosing to work and live in another country, may be surprised to discover they’re no longer citizens of South Africa should they choose to acquire the citizenship of their adoptive country, due to […]

Jewish diaspora making strides in reclaiming Lithuanian citizenship

A confluence of poor government policy implementation and underhanded representation of the Jewish community in Lithuania was until recently creating a toxic mix of frustration and tension with the Jewish diaspora. Considering the sizeable South African Jewish community that is of Lithuanian descent, this would be cause for alarm. But a string of recent court […]

Lithuanian government makes citizenship provision for Jewish diaspora

A string of recent court cases and a bold step forward by the Lithuanian government give hope that the project of reintegration of the Jewish diaspora in Lithuania is on track. Conservative estimates place the size of South Africa’s Jewish community at 67,000, of these, 80% are of Lithuanian descent, effectively making it the third […]

Jewish diaspora taking positive strides in reclaiming Lithuanian citizenship

A confluence of poor government policy implementation and underhanded representation of the Jewish community in Lithuania was until recently creating a toxic mix of frustration and tension with the Jewish diaspora. Considering the sizeable South African Jewish community that is of Lithuanian descent, this would be cause for alarm. But a string of recent court […]

S.A’s immigration laws are driving away critical skills

Current legislation and policy around the handling of foreigners is not consistently applied. According to immigration law specialist Stefanie de Saude, Managing Director of De Saude Law, this undermines our country’s ability to take advantage of the influx of foreign talent and prevents us from absorbing critical skills into our economy. Please wait a few […]

VFS: So many questions, such little time

The recent article by Southern African Tourism Update’s senior reporter, Dorine Reinstein, titled ‘New visa regime’s astonishing link to Guptas, Parliament hears’ provided some insight into one of South Africa’s most pressing and concerning tourism issues. Over the past few months we have seen and heard so many questions about VFS; from the Guptas and their […]

Love thy neighbour – immigration solutions should benefit everyone

Worldwide, one in every 114 people is displaced. According to the United Nations an estimated 200 million people globally live outside their home countries, a number that has increased by more than 40% in the past decade. Population displacement is a top global issue, while here in South Africa; illegal immigration is a heated and […]

S.A’s new visa regulations show light at the end of tunnel

An Inter-Ministerial Committee was appointed to look at revising S.A visa and immigration regulations. Although some challenges still remain, the revised regulations are seen as a more positive step forward for the country, offering relief to citizens, tourists and immigrants. Stefanie de Saude, Immigration and Citizenship Law Specialist, De Saude Attorneys Inc joins CNBC Africa […]

Light at the end of the immigration policy tunnel

After a disastrous initial implementation of South Africa’s revised immigration regime, government has made great strides toward a more practical and equitable immigration policy. The Department of Home Affairs (DHA) can rightly claim success across a broad spectrum of issues. But there is still a long road ahead. When the new immigration regulations were implemented […]

Light at the end of the immigration policy tunnel

After a disastrous initial implementation of South Africa’s revised immigration regime, government has made great strides toward a more practical and equitable immigration policy. The Department of Home Affairs (DHA) can rightly claim success across a broad spectrum of issues. But there is still a long road ahead. When the new immigration regulations were implemented […]

Patches ease visa woes but obstacles remain

WHEN the new immigration regulations were implemented in 2014, they were met with near-universal condemnation. Parents were outraged at the requirements for travelling minors, the tourism sector was in a state of near-panic as arrivals dwindled, thanks to prohibitively onerous visa requirements, and investors and business people were unsure if their freedom of movement would […]

Children’s denial of South African Citizenship unconstitutional – law expert

Children’s denial of South African citizenship unconstitutional – law expert Stefanie de Saude discusses. The South African Citizenship Act 88 of 1995 (the Act) was promulgated and accordingly replaced the Apartheid-era Acts, bringing South African’s citizenship laws in line with international norms. The 2010 amendments to this Act, however, has created unconstitutional barriers to obtaining […]

Children’s denial of SA citizenship unconstitutional

The 2010 amendments to the South African Citizenship Act 88 of 1995 has created unconstitutional barriers to obtaining South African citizenship,” says Stefanie de Saude.   The South African Citizenship Act 88 of 1995 (the Act) was promulgated and accordingly replaced the Apartheid-era Acts, bringing South African’s citizenship laws in line with international norms. The […]

Rebuilding Broken Links

Repairing Broken Links: Stefanie de Saude writes how the reinstatement of Lithuanian citizenship is one small step towards righting the wrongs of the past. I am an immigration lawyer and partner at Eisenberg de Saude Attorneys in Cape Town, and I recently visited Lithuania to attend meetings with individuals at governmental institutions assisting with our […]

Why are children of SA parents being denied SA citizenship?

Stefanie de Saude answers: Why are children of SA parents being denied SA citizenship? Amendments to the South African Citizenship Act in 2010 have created ‘unconstitutional’ barriers pertaining to children born to South African parents. Immigration Law expert Stefanie de Saude explains. Watch. South Africans choosing to work and live in another country, may also […]

Stefanie de Saude on SA Immigration and Nationality Law

Approximately 2000 expatriates lost their South African Citizenship between 2011 and 2015. Watch Stefanie de Saude in conversation with Morning Live’s Leanne Manas. Many South African emigrants who have obtained citizenship in other countries may be surprised when they discover that they’re no longer have that citizenship and their right to vote in their own […]

Love thy Neighbour

“Unfortunately and perhaps unbeknown to the officials, the way in which the DHA deals with illegal foreigners and the regularisation process is unlawful,” says Stefanie de Saude. Fact: Worldwide, one in every 114 people is displaced. According to the United Nations an estimated 200 million people globally live outside their home countries, a number that […]

Illegal migrants suffer as officials misinterpret the law

Population displacement is a top global issue. Stefanie de Saude discusses how finding a remedy is about as easy as finding a needle in a haystack. WORLDWIDE, one in every 114 people is displaced. According to the United Nations about 200-million people across the world live outside their home countries, a number that has increased […]