Visit/Holiday Visa

Citizens of visa-exempt countries (e.g. most European Countries, UK and the United States) who wish to spend a short period of time in South Africa without following an activity that requires authorization (e. g. work) are not required to obtain a visitor’s visa prior to their arrival in South Africa. They will be issued visa valid between 30 and 90 days (depending on the visa exemption connected to their country of citizenship) when entering South Africa as long as they present a return ticket within the relevant maximum visa period.

Visitors from non-visa exempt countries are required to have their visa issued prior to their arrival in South Africa. Visa requirements and processing times vary between different embassies, and it is advisable to plan trips ahead carefully.

It is possible to extend above visitor’s visa ONCE by a maximum of 90 days within South Africa. According to the legislation the application for extension must be submitted at least 60 days prior to expiry of the current visa (for shorter visa different rules apply).

Long Term Visitor’s Visa

So called extended visitor’s visa (valid for up to 3 years) are available in specific cases. For example for spouses and dependent children accompanying a family member who holds a long-term visa, voluntary or charitable activities (find more information under work visas), research or academic sabbatical (find more information under study visa) or one of the specifically listed activities such as teaching at an international school, work in the film industry, seconded journalists, visiting professors and lectures, artists, entertainers and tour leaders (find more information under work visa).

Unfortunately, a long-term option for holiday or leisure without any specific purpose as listed in the above categories is not provided for through the visitor’s visa. Often a retired person’s visa is applied for in these cases.

It is not possible to apply for permanent residence in the visitor’s category.

List of activities that long-term visitor’s visa can be applied for:

• the spouse or dependent child of the holder of a visa issued in terms of section 11, 13, 14, 15, 17, 18, 19, 20 or 22;
• teaching at an international school;
• in respect of films and advertisements produced in South Africa, including, but not limited to, an actor, cameraman, hairstylist, make-up artist or lighting and sound engineer;
• a foreign journalist seconded to the Republic by a foreign news agency;
• a visiting professor or lecturer or an academic researcher;
  an artist who wishes to write, paint or sculpt: Provided that he or she submits a portfolio of his or her previous work;
• a person involved in the entertainment industry, travelling through the Republic to perform; a tour leader or host of such a tour; or a foreigner who is required to stay in the Republic in order to testify as a state witness in a criminal court case: Provided that in such a matter, the application shall be initiated by the relevant Deputy Director of Public Prosecutions

Work Visa

Definition of work in the Immigration Legislation:

“work” includes-

(a) conducting any activity normally associated with the running of a specific business; or
(b) being employed or conducting activities consistent with being employed or consistent with the profession of the person, with or without remuneration or reward, within the Republic

Short-term authorisation to work

This visa is to be used primarily for short term visits up to 90 days. The legislation allows for one extension of up to a further 90 days. It is not possible to change from this authorisation to any other visa while in South Africa.

It is used for activities that fall under the above definition of work, but only carry on for a short period. This could be for example unpaid internships or seasonal work in the hospitality industry or film industry or short-term project and maintenance work.

The authorisation to work is linked to a normal visitor’s visa but has to be obtained prior to departure even when the applicant is a citizen of a visa exempt country.

In most Embassies and Consulates an application for the short-term work authorisation visa can take almost as long as a long-term work visa to be issued.

Critical Skills Visa

This visa type was introduced in 2014 and replaced both the “quota work permit” and the “exceptional skills work permit”. It is aimed at persons with qualifications and/or skills in industries and fields which are deemed to be in the national interest and have a critically low supply of South African workers with the same skills set. An extensive list of “critical skills” needed in South Africa has been published and lists all professions that qualify. The list further entails requirements with regards to the proof of skills and qualifications, necessary registrations at professional councils, bodies and boards. Typically, a letter from the relevant governing body is needed, confirming the critical skills and qualifications as well as years of experience in the relevant field.

The applicant will also have to provide an evaluation by the South African Qualification Authority (SAQA) which is basically an indication what the foreign qualification compares to in the South African system.

Holders of critical skills visa should be able to change employers without having to make a laborious application to have the employers changed, (however in practice this is not really possible).

Critical Skills Visa are issued for up to 5 years and the holder qualifies for permanent residence if they had a minimum relevant work experience of 5 years.

Intra Company Transfer Work Visa

Intra Company Transfer Work Visa are covering secondments of foreign employees to South African branches, subsidiaries or affiliated companies. The foreign applicant must prove that he or she has been employed with the foreign entity for at least 6 months prior to the application and it needs to be demonstrated that the applicant will be transferred for a limited period of time (4 years). Thorough proof of the affiliation between companies or branches is crucial for these applications.

General Work Visa

This visa is based on an offer of employment from a South African prospective Employer.

The employer must show that regardless off the efforts (which include for example an ad in the national print media) he made to find a suitable South African candidate he did not succeed in finding one.

Compulsory proof of these efforts is a certification of the Department of Labour (DOL) which must confirm to the DHA directly whether they believe suitable South African candidates exist and that the foreign candidate in fact possesses the necessary skills and qualifications for the position.

Obtaining the recommendation by the DOL is time consuming and lead times for general work visa have increased drastically.

Furthermore, the suitability of the foreigner for the position has to be demonstrated by proof of qualification and work experience as well as a certificate by the South African Qualification Authority (SAQA).

Once an applicant has been the holder of a work visa for 5 continuous years and is in possession of a permanent work offer he or she is eligible to apply for permanent residence.

Corporate Worker Certificate

Should an organization be in the position of a corporate visa, the applicant may apply for a corporate worker certificate. Even though more onerous since the new law in 2014, this process is still fairly straight forward in comparison to other work visa categories.

Voluntary and Charitable Work

This visa is issued, for up to 3 years, to those who are involved in confirmed non-remunerative charitable or voluntary activities with bona fide religious, non- profit or charitable organisations in South Africa and holders are allowed to conduct this kind of work.

Spouses or Life Partners of South Africans and Permanent Residence Holders

Spouses or life partners (opposite or same sex) of South African citizens or residents, who are supported by their partners, may obtain a work authorisation without having to meet the onerous requirements of the formal work visas. Let us know if you wish to find out more about this category.

Specific Activities under lighter requirements

For specific activities an extended visitor’s visa can be applied for und much less stringent requirements then regular work visa. These activities are:

• teaching at an international school;
• in respect of films and advertisements produced in South Africa, including, but not limited to, an actor, cameraman, hairstylist, make-up artist or lighting and sound engineer;
• a foreign journalist seconded to the Republic by a foreign news agency;
• a visiting professor or lecturer or an academic researcher;
• an artist who wishes to write, paint or sculpt: Provided that he or she submits a portfolio of his or her previous work;
•  a person involved in the entertainment industry, travelling through the Republic to perform; a tour leader or host of such a tour; or

Exchange Visa

The Exchange Visa has two different categories allowing a person to work in South Africa.

The one category involves an actual exchange program and the other provides an opportunity for a person younger than 25 to work in South Africa for one year.

The first category in line with the name of the visa and involves an exchange. An exchange visa can be applied for if the applicant will be participating in a cultural, social or economic exchange programme. This exchange programme must be organised and administered by an organ of state or learning institution in South Africa and in conjunction with a foreign organ of state or learning institution.

The second and more used category, the exchange visa to conduct work, allows a foreigner, who is under the age of 25 years and is in possession of an offer of employment to work in South Africa for up to 12 months.

The holder of this visa may not conduct work other than work for which the visa is issued.

It must also be noted that the holder of this category of exchange visa may not qualify for a permanent residence permit within two years after the expiry of the exchange visa.

Business Visa

Business Visa are issued to foreigners establishing a new business in South Africa or investing or taking over an existing business. Business Visa are issued for a maximum of 3 years and are extendable.

The main requirements are:

• A minimum investment of 5 Million Rand from abroad into the book value of the company/business (The Director-General may reduce or waive the financial or capital contribution for businesses which are prescribed to be in the national interest, or when so requested by the Department of Trade and Industry. Contact us if you plan to invest less than 5 Million Rand for an assessment with regards to the chances to reduce the financial requirement)
• Recommendation by the Department of Trade and Industry (DTI) attesting to the feasibility of the business and its contribution to the national interest of South Africa.
• Undertaking or proof that 60% of the total staff complement employed in the operations of the business will be/are South African citizens or permanent residents employed permanently in various positions;
• A comprehensive Business Plan showing the short- and long-term viability of the business.
• Importing of secondhand motor vehicles for export to markets outside of South Africa, exotic entertainment and security are declared undesirable industries and business visas in these industries can not be obtained.

Within one year it has to be shown that the condition of employment of 60% South Africans has been met. Two years after issuance and every two years thereafter the business visa holder has to show, that the promised investment is still part of the book value of the company/business.

Holders of business visa can apply for permanent residence. Once permanent residence has been issued, the applicant has to remain invested in the company for a minimum 5 years (to be proven within 2 years of issuance and 3 years thereafter)

Retired Person’s Visa

Retired person’s visa are issued to foreigners of all ages who have shown sufficient monthly financial means. A retired visa is issued for up to 4 years and is renewable.

In detail the foreigner has to proof either

• A monthly payment of 37 000 Rand from a life-long pension, irrevocable annuity or retirement account; or
• A combination of assets realizing at least 37 000 Rand per month (e.g, rental properties, shares, investment)

Find out what counts towards the monthly income and how detailed the proof has to be, we are gladly here to assist.

Studies & Education Visa

Studying at a Learning Institution

Foreigners wishing to attend school, university or other institutions of learning in South Africa have to obtain a study visa. Studies do not need to be full-time, and holders of a study visa for higher education may take up part-time work of up to 20 hours per week. Since May 2014 only institutions registered in terms of specific South African legislation as detailed in the Immigration Regulations can be enrolled in to obtain study visas (generally primary, high schools and universities fulfill these requirements). Applicants also need to show South African medical cover in order to fulfil the requirements.

Study visa can be issued for up to 5 and 8 years (depending of the school/course)

Research and Academic Sabbatical

And extended visitor’s visa authorizing this specific activity is available for foreigners wishing to spend an academic sabbatical or conduct academic research in South Africa. It can be issued for up to three years.

Vocational Training, Internship, Articles, Practical Year

The immigration Act and it’s legislation does not have a specific section available for these activities. Finding a suitable visa category for practical work that is part of studies or training has been challenging and hotly discussed for years. The options depend on the type and length of the intended activity as well as the place of submission of the application and visitor’s visa, exchange study or work visa might be seen as required application by the respective embassy. These cases can only be judged one by one according to their own merits.

There is no option of obtaining permanent residence on the grounds of studies, education or research.

Spouse of South African citizens or Permanent Residence Holders

Relative’s Visa for spouse

The South African Immigration Legislation provides for two types of temporary residence visa which are available to foreign spouses of South Africans.

Spouse in the Immigration legislation refers to opposite and same sex relationships and includes civil marriages as well as life partnerships (which must have existed for at least 2 years at the time of submission).

The first option for a spouse is to apply for a relative’s visa. This visa is issued for up to two years and can be extended. The South African spouse has to show availability and willingness of support to the amount of 8500 Rand a month for the foreigner. This visa does only allow the couple to reside together and does not allow it’s holder to take up an extra activity like work, study or run a business.

Has the spousal relationship existed for 5 years or more, the foreigner can apply for permanent residence based on the relationship.

Spousal visitor’s visa

This visa authorizes the foreign spouse for a specific activity that would normally require a visa, like work (specific employment) study or run an own business without having to comply to all requirements of the respective visa. In this case the South African spouse does not have to show availability of funds to support the foreigner, even though it always looks good in the application.

The spousal visitor’s visa can be issued for up to 3 years.

Has the spousal relationship existed for 5 years or more, the foreigner can apply for permanent residence based on the relationship.

Visa for family members

Relative’s visa for immediate family of South African citizens or permanent residence holders

Members of a South African citizen’s or permanent resident’s immediate family can obtain a relative’s visa for up to two years, if the required financial support by the South African can be proven and provided. Immediate family is seen by the authorities mostly as parents, children and siblings even though the definition itself allows a wider circle of people and includes for example parents in law and even some aunts and uncles. A relative’s visa does not allow its holder to work or study etc.

Is the family member a person within the first step of kinship (parents and children) it is possible to apply for permanent residence based on the relationship.  As long as the required financial support is available and can be committed to.

Visa for family accompanying temporary residence visa holders

Family members (spouses and dependent children) of foreigners who hold long term visas like extended visitor’s visa, retired visa, work visa, business visa or study visa may obtain visitor’s visa for up to three years allowing them to reside with the main visa holder.

Should the family members want to follow any other activity like work or attending school they have to apply in their own right for the respective visa.

A visitor’s visa does not entitle to the application for permanent residence. It is however possible that the family members can apply simultaneously with the main visa holder for permanent residence as for example when the main visa holder has a critical skills visa or business visa.

Permanent Residence

After the details for each temporary residence visa category we have commented if there is a corresponding permanent residence category available.

To give an overview over the permanent residence options we have listed here the 10 specific permanent residence categories that are available:

• A demonstration of having been in possession of work visas (besides intra-company transfer work visas) for the past five years, without any gaps of time, with a permanent job offer secured in South Africa.
• Based on a spousal relationship which is at least five years old, whether by way of marriage or life-partnership.
• For a child under the age of 21 of a citizen or permanent resident.
• A child of any age of a citizen.
• Based on a demonstration that the foreigner has one of the critical skills enumerated on the Critical Skills List published in the Government Gazette on 4 June 2014, with at least five years of post-qualification experience.
• Based on an investment from abroad into a business of no less than R5 million, or a lesser amount as agreed by the DHA should the business enterprise fall within one of the prescribed National Interest sectors of the South African economy.
• On the basis that a foreigner with refugee status in South Africa for at least the past five years obtains a certification from the Refugee Standing Committee that he or she will remain a refugee indefinitely.
• Based on pensions or irrevocable annuities for the rest of his or her life, or on the basis of assets realizing to the foreigner, no less than R37,000.00 per month.
• On the basis that the foreigner has a net worth no less than R12 million and pays to the DHA an amount of R120,000.00 upon the approval of the application.
• Based on a first step of kinship relationship with a citizen or permanent residence holder.

Citizenship

There are three general grounds for the receiving South African citizenship: Birth, descent and naturalisation. The process for “determination of citizenship” may lead to the confirmation of an existing South African citizenship. Likewise persons who previously held South African citizenship and have subsequently lost it may very well be able to reclaim their status.

A naturalisation may generally be applied for if the foreigner has lived in South Africa for 5 years on the basis of a valid permanent residence, during which time he/she may not have left South Africa for more than 90 days per year.

It should be noted that a foreign citizenship may automatically be lost if another (e.g. South African) citizenship is applied for. In some cases this can be avoided if prior permission to retain the original citizenship has been granted by the foreign authorities.