The Law Of (Un)intended Consequences

Much has been said about South Africa’s new Immigration Law and regulations, most of it negative. As someone who has been directly affected, I have read as much on this as I can in the hope when I need to interact with the Department of Home Affairs, I am fully informed. Yesterday, I encountered the painful side of these regulations.

I am a Zimbabwean citizen and for almost two years, it’s our anniversary in a month, I have been married to my South African wife. We have been blessed with a beautiful daughter who was born at Sandton Medi-Clinic sixteen months ago today. We always joke about how we had three weddings and so three wedding anniversaries, the first in her hometown Kimberley on 21 September, the second at my home in Bulawayo on 28 December and the third on 14 February when we signed in Johannesburg. I swear the last was pure coincidence, it just happened to be the first available date and we have no photos.

With all the controversy around the new Immigration law and regulations, we decided to wait for clarity on the regulations governing the status of foreign nationals married to South African citizens. This is why three months ago I started putting together my application for a relatives’ visa as the spouse of a citizen. Amongst the requirements is a police clearance, in my case I had to get one each from South Africa and Zimbabwe. Now I’ve had what can only be termed a colourful life so I was a little nervous going into a criminal records office to voluntarily ask if they were not looking for me. Thankfully, I am a law-abiding citizen and have not one but two police clearance certificates to prove it. Both SAPS and ZRP were exemplary in assisting me.

After compiling my documents I then consulted Home Affairs via their customer careline on various aspects of the application and they were extremely helpful every time. I had some difficulty getting information out of the South African embassy in Harare where I had to submit my application and eventually just went to Harare anyway. Upon arriving there were some complications and I had to wait a week before submitting. As happens with matters of such a delicate nature, there was some back and forth but at 3:30pm yesterday my application was accepted, just in time for me to check in for my 6:00p.m. flight back to Johannesburg.

That’s when they dropped the bombshell.

My passport was required as part of my application which could not be processed without it. A process that takes eight weeks. I thought they were joking, when I realised they were serious, the ground fell out from under me. My mind fogged over, I couldn’t hear the words coming out of my mouth as the strength just left my body and I had to sit down. People were speaking around me and to me, I was responding but I can’t tell you the details of those conversations. All I could think was, what was I going to tell my wife? She was expecting me back in a few hours and now I had to tell her this? I pulled myself together and went back to the counter, just in case I had heard wrong, no, I had not. The consultant told me I could take my passport, get on my flight and come back when I was ready but my application would not be processed without it and I should choose to either spend eight weeks in Zimbabwe now, or then. I called my wife and we decided I should submit the application and we will figure out what to do.

I consider myself a pretty thorough person when it comes to perusing documents and complying with regulations, I cannot for the life of me, explain how I could have missed this most important detail, assuming at this stage, that it is indicated somewhere in the requirements I read. I remember asking if there is not some exemption from the eight weeks for those with infant children, they said no. I walked out of there broken and confused. The anger came later and passed, I knew it was not going to do anything for me but make me bitter about a situation I could do little about in the middle of the night.

I understand that Immigration have to be thorough in their processes and whilst some are tedious, I am willing to comply. Coming to Zimbabwe leaving my family behind to apply for a visa that allows me to better provide for them is that important to me. What I don’t understand is, why I must now sit in limbo away from my family for eight weeks, what purpose does this serve? Everything that matters in my life is in South Africa and I feel hurt and confused that I cannot be with them for that long, in the name of compliance. With so much that I had planned now out the window, I am seized with trying to rearrange my life around this new reality. The whole of last night my wife and I were planning how my family can come and spend time with me here, wether she can get time off work and if she should take unpaid leave. In addition to the emotional trauma of all of this we now have to go through a financial one.

I considered consulting a lawyer but I don’t know if I have the stomach for a fight with Home Affairs, my family and I have faced worse things than this and we are still here. This is not by any means to say I am not going to do anything about this but I will find a way to approach them, I know they are slow but they come around eventually. In the meantime, with the looming prospect of spending our second wedding anniversary apart, my heart breaks every time I think of my daughter and what she must be going through, earlier today when I asked after her, my wife sent me this message:

“. . . She knows you’re not here and is wondering where you are, I can see. Matilda (her nanny) says every time she hears footsteps in the corridor she runs to the door to see if they are of someone coming here.”

4 Replies to “The Law Of (Un)intended Consequences”

  1. The last part is so sad… Why do they need the actual passport though. Isn’t a official photocopy sufficient enough? And that’s a big responsibility they are taking themselves by keeping such a important document. I wish you all the best. This storm too shall pass.

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  2. This is heartbreaking. I’m sorry this is happening to you Ricky. I pray you find a way around this and get to be with you family soon.

    Like

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