THE VISA SYSTEM IN SOUTH AFRICA
The South African Visa system is a complicated one. It has been gradually tightened over the years due to high demand and abuse.
It is divided into Temporary and Permanent Residence Visa categories. The Temporary Residence Visa category is sub-divided into various Visa types which are issued depending on the intended purpose. On the other hand the Permanent Residence Visa is granted through compliance with set out requirements as per sections 25, 26 and 27 of the Immigration Act of 2002, and its existing regulations.
At Immigration Law Associates we expertly assist our clients with the demanding Visa application process. See the different types below.
THE TEMPORARY RESIDENCE VISAS
STUDY VISA
Learners, whose citizenship or Permanent Residence status has not yet been regularized, are required to apply for a Study Visa before commencement of studies at institutions of learning within South Africa.
RELATIVE’S VISA
Section 18 of the Act provides for the issuing of a Relative’s Visa, to a foreign applicant who is related to a South African citizen or Permanent Residence holder within a stipulated degree of kinship.
BUSINESS VISA
A foreign applicant can lodge an application for a Business Visa provided that they meet the requirements as stipulated in section 15 of the Act. In consideration of this type of Visa, the fundamental aspects will be if the business will be in national interest of the Republic and, that the applicant’s investment meets a minimum amount (R5 million).
MEDICAL TREATMENT VISA
This type of Visa is granted upon evidence that the applicant requires medical treatment available in South Africa, and that the visit is intended mainly for that purpose. Unlike other Visas, the Medical Treatment Visa is applied for in the Republic after the applicant enters on another Visa such as a Visitor’s Visa. The Visa is granted up to 6 months and may be renewed depending on the necessity of further treatment within the Republic.
WORK VISAs
Apart from the Permanent Residence permit applications, work permits have some of the most stringent conditions and requirements before they can be issued to foreign nationals. This is obviously because the job market in the Republic is hugely contested, and the sentiment of organized labour has informed the DHA’s processes in the promulgation of regulations.
The decision to grant the work permit by the DHA is not arrived at easily, this is why we make it our foremost task to make the process easier for our clients.
Work Related Permits can be categorized as follows;
GENERAL WORK VISA
This type of Visa is considered for an applicant who has been offered employment in the Republic. In determination of the application, stringent conditions have been placed to protect the preference of citizens and permanent residents, by way of requiring that the Dept of Labour must endorse that a diligent search has been conducted by the employer and that no citizen or permanent resident has been found to equal the experience and qualifications of the foreign national. To this end, the selection processes of the employer from advertisement of the job to the interview outcomes are all closely interrogated.
CRITICAL SKILLS WORK VISA
The Dept of Home Affairs publishes what is known as a Critical Skills List, which is an outline of fields or professions deemed critical to the development of the South African economy and job market, wherein skilled workers are not adequate within the Citizen and Permanent Residents’ community.
CORPORATE WORK VISAS
This is a Visa regime whereby a corporate conducting or wishing to conduct business in the Republic requires a high number of skilled foreign nationals, who must possess what are listed as critical skills.
The Dept of Labour and Dept of Trade and Industry are much involved in the endorsements before such Visas are issued.
SHORT TERM 90 DAYS WORKING VISAS
This Visa was a result of the incidence of contract short term skilled work requirements. It gives the applicant the right to enter into the republic and conduct work related activities for 90 days and can be renewed for a further 90 days depending on the work activity. Short term construction projects usually utilize this facility.
INTRA-COMPANY TRANSFER WORK VISAS
This Visa regime is whereby the foreign applicant is deployed, to an affiliate branch or subsidiary within the Republic, but whose parent company is based outside the Republic. The most important considerations in such application is the requirement that the applicant must have been in the employ of the company for at least 6 months, is issued non-renewable for 4 years, and to show real imminence of the transfer of skills to locals.
EXCHANGE VISAS
This first type of this Visa is one applied for by a foreign nation, under 25 years of age, after having received an offer to conduct work in the Republic. The Visa will last, if issued, for a period not longer than the period of the exchange programme.
An over 25 Exchange Visa is applied for whereby a foreign national is participating in a cultural, economic or social exchange programme in South Africa. This activity shall be a temporary one.
TREATY VISAS
A Treaty Visa may be issued to foreign national whose activities in South Africa are in accordance with an international convention to which South Africa is a party to. These activities may be social, economic, political or investment interests.
PERMANENT RESIDENCE VISA
PERMANENT RESIDENCE VISA
Sections 25, 26 and 27 of the Immigration Act provide grounds upon which an applicant can apply for Permanent Residence status in South Africa. Due to the far reaching benefits accompanying the declaration of permanent residence, the Department usually takes much longer, which is unfortunate, to either approve or reject an application.
WHO QUALIFIES FOR THIS VISA
- Foreigners who have been residing in South Africa on the basis of their work permits for a minimum period of five years
- Is a child of a citizen
- Is a spouse of a citizen or permanent resident and the Dept is satisfied that a bona fide spousal relationship exists for at least 5 years
- Is a child under the age of 21 of a citizen or permanent resident, provided that such permit shall lapse if such foreigner does not submit an application for its confirmation within two years of his or her having turned 18 years of age
OTHER WAYS TO QUALIFY
- If you are in possession of a permanent work offer in South Africa, or
- have exceptional skills and qualifications
- intend to establish a business in South Africa
- qualify as Refugees in terms of Section 27(c) of the Refugees Act
- qualify as retired persons – minimum monthly income or net worth is a huge factor
- are financially independent
- are relatives (biologically or judicially adopted) of a South African citizen or permanent residence permit holder
Each of the above named categories is fraught with requirements that must be attained before an application is lodged; an applicant will need a trusted expert to hold their hand through the process. At Immigration Law Associates we take this task seriously.