SOUTH AFRICA tightens up child travel consent requirements

Since 1st June 2015 South Africa has tightened up its requirements for children travelling without their parents or with only 1 parent. Anyone travelling this summer should review the travel requirements to save disappointment; indeed when I have myself been at the airport checking in to go elsewhere I have seen people prevented from boarding their flights destined for South Africa due to lack of paperwork.

Where both parents are travelling with children (under 18) they will be asked to show the child’s full unabridged birth certificate. The abridged (short) birth certificate which only lists the child’s particulars won’t be accepted. The South African Department of Home Affairs are not accepting uncertified copies of birth certificates or copies of the parents/guardians identification.

There are additional requirements if the child is travelling with only one parent, with neither biological parent, or unaccompanied.  One of the requirements (depending on the travel arrangements) may be to get an Affidavit of consent to travel signed by the non travelling parent; this should be presented before a Notary Public. Further guidance is set out here: http://southafricahouseuk.com/documents/childtravel19jun2015.pdf

South AFrica

TO APOSTILLE OR NOT TO APOSTILLE….

On 9th June 2016 the European Parliament adopted a Regulation to do away with the obligation to insist on the requirement of obtaining an Apostille for certain categories of ‘Public documents’ issued in EU Member states when a citizen of an EU country presents such ‘Public documents’ in another EU country outside of the issuing EU country. The Regulation also makes changes as regards the necessity of obtaining translations for certain ‘Public documents.’

The Regulation was aimed at reducing costs, time and bureaucracy for EU citizens when transacting across EU countries.

Given the UK’s recent referendum result to discontinue EU membership, it remains to be seen how this Regulation will impact UK citizens when and in the event that ‘Brexit’ is implemented.

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It is understood that the types of ‘Public documents’ this Regulation will apply to include the following:
A public document issued by the authorities of a Member State that evidences or establishes one or more of the following facts (Art. 2(1) of the Regulation):
• birth
• a person being alive
• death
• name
• marriage, including capacity to marry and marital status
• divorce, legal separation or marriage annulment
• registered partnership, including capacity to enter into a registered partnership and registered partnership status
• dissolution of a registered partnership, legal separation or annulment of a registered partnership
• parenthood
• adoption
• domicile and/or residence
• nationality
• absence of a criminal record and
• the right to vote and stand as a candidate in municipal elections and elections to the European Parliament
As regards translations, the Regulation also does away with the need for translations of certain public documents e.g. birth certificates, marriage certificates and death certificates, etc. As regards translations, an EU country where a public document is presented cannot insist that the document be translated if the public document is in one of the official languages of the Union country or in another non-official language that the Union country can accept. Further the Regulation introduces multilingual standard forms. These forms will be in all Union languages and can be used by citizens in another Union country as translation aids attached to their public document. Accordingly in this way citizens can avoid translation requirements.
The Regulation has passed in to EU law but it will take time to be fully implemented. The Regulation gives Member States around two years to implement the necessary steps for the issuance of multilingual standard forms.

Regulation name: Regulation of the European Parliament and of the Council on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012