Different Types of Visas
There are various types of Visas available, such as:
QUOTA WORK VISA
South Africa regards certain Professions as scarce and skilled and allows for a Quota Work Permit to be obtained if the Applicant falls within one of these categories.
If the Applicant possesses the Qualification and 5 years Work Experience, the Applicant do not need to show an Employment Agreement with an Employer in South Africa. The Applicant can enter South Africa and search for a position, on certain conditions, such as confirmation of employment within a certain time. The Employer also does not have to show that a suitable South African Candidate could not be obtained, therefore no advertising requirements.
Categories for Quota Work Permits are for example Call or Contact Centre Manager, Actuaries and Risk Assessors, Agricultural Economists, Statisticians, Economists, Chemical and Materials Engineers, Aircraft Maintenance Engineers, Avionics Engineers, Electronical and Electronic Engineers, Industrial Engineers, Mechanical Engineers, Quality Engineers and Inspectors, Specialist Pipe Engineering and Manufacturing, Astronomers, Astrophysics, Atmospheric Physicists, Space Scientists, Chemists, Analytical Chemists and Industrial Chemists, Agricultural and Forestry Scientists, Bioengineering and Biotechnologists, Food Technologists, Geologists, Geophysists, Veterinarians, Clinical and Biomedical Engineers and Technologists, Research and Development Parmacologists, School Teachers, Agricultural Science Technicians, Earth Science Technicians, Biological Science Technicians, Civil Engineering Draft persons, Technicians and Technologists, Electrical engineering draft persons and technicians, Hydraulics and Pneumatic Technicians, Industrial / Product development Technologists and Testers, Autotronics Technicians, Mechatronics Technicians, Aircraft and Avionics Technicians including Maintenance Technicians and aviation specific design and machining technologies, Manufacturing Technologists and Technicians, Sheet metal trade workers, Structural Steel and Welding Trades Workers (Coded Welders), Boilermakers, Metal Fitters and Machinists (Mechanical Builders), Fitter and Turner, Precision metal trades workers and toolmakers, Millwrights and Mechatronics trade workers, electricians, Jewelry designers.
We will assist and advise you on all documentation required for this kind of Permit, but to name a few:
Passport
Copy of Passport
Completed and Signed Application Form
Radiological Report
Medical Report
Police Clearance Certificate(s)
Qualifications and Translations
We will attend to SAQA (South African Qualifications Authority) requirements on behalf of the Applicant
Signed Power of Attorney
Marriage certificate, detail of Spouse and Children that want to accompany the Applicant
Registration with Professional Body in South Africa
Application Fees
BUSINESS VISA
If you are interested in investing in an existing or new Business in South Africa and you need to reside in South Africa to control and manage the Business, its assets and people, a Business Visa can be obtained from the Department of Home Affairs of South Africa. This kind of Visa allows you to enter and sojourn in South Africa and conducting your Business freely.
On 15 July 2014, the Minister of Home Affairs have gazetted the new amount required for Investment into a Business in South Africa in order to obtain a Business Visa. The amount invested was declared to be R5 000 000.00 (FIVE MILLION SOUTH AFRICAN RAND). This replaced the previous required amount of R2.5million.
The Requirements for this kind of Visa, previously called a "Business Permit" now called a Business Visa from May 2014, have been slightly amended. The New Requirements also include the following:
A Certificate by a Chartered Accountant registered with the South African Institute of Chartered Accountants or a professional accountant registered with the South African Institute of Professional Accountants to the effect that-
at least an amount in cash to be invested in the Republic as determined by the Minister is available; or
at least an amount in cash and a capital contribution as determined from time to time by the Minister, by notice in the Government Gazette, is available;
An undertaking by the Applicant that at least 60% (Sixty Percent) of the total staff complement to be employed in the operations of the business shall be South African Citizens or permanent residents employed permanently in various positions. Proof shall also need to be submitted within 12 months of issuance of the Visa.
The Applicant will need to register with the:
SARS (South African Revenue Services);
Unemployment Insurance Fund;
Compensation Fund for Occupational Injuries and Diseases;
Companies and Intellectual Properties Commission (CIPC), where legally required; and
Relevant Professional body, board or council recognized by SAQA in terms of the National Qualifications Framework. On such registration, all certificates will have to be submitted to the Director-General.
A further important development from the new Regulations promulgated in May 2014 is the requirement of a Letter of Recommendation from the Department of Trade and Industry regarding (1) the Feasibility of the Business; and (2) the Contribution to the national interest of the Republic.
We provide due assistance and guidance with the requirements and obtaining this Letter of Recommendation from the Department of Labour.
The Documentation as previously and still required for this kind of Visa Application, are inter alia as follows:
Completed and signed Application Form BI-1738
Capital Contribution of at least R2 500 000.00 (Two Point Five Million South African Rand)
Business Plan outlining the Sustainability, Viability and Job Creation aspects in the short and long run of the Business
Undertaking to permanently employ at least five South African citizens or permanent residents
Undertaking to register with SARS (South African Revenue Services)
Proof of Registration with the relevant Trade Body, Association, Board or Council
Police Clearance Certificate from each Country resided since the age of 18 (Eighteen) Years in which you have resided for longer than 12 months at a time
Yellow Fever Vaccination Certificate if applicable
Repatriation Deposit
Medical and Radiological Reports
A Foreigner who invests in an existing Business, shall, in addition to the regular requirements, also provide Financial Statements of the Business and a Partnership Agreement which we can assist you with.
The Life Partner or Spouse of a Business Permit Applicant can make application for an accompanying Spousal Visa / Permit for the duration of the Business Permit.
Capital Requirements can be reduced or waived in certain types of Industries / Business, such as:
Information and Communication Technology
Clothing and Textile Manufacturing
Chemical and Bio-Technology Industry
Agro-Processing Industry
Metals and Minerals refinement Industry
Automotive Manufacturing Industry
Tourism Industry
Crafts
If your Business does not fall within the above categories and you will not to able to provide proof of the capital contribution amount of R5 million, we will advise you on your prospects of success in obtaining a Letter of Recommendation from the Department of Trade and Industry and applying for a waiver of this requirement.
A Business Permit is usually issued for a period of 2 (Two) Years. It can be renewed in the instance that the viability and sustainability of the Business can be proven by an Audit-trail.
CORPORATE VISA
A Corporate Entity can employ a number of workers from abroad to conduct work in South Africa. Once the Corporate Visa for South Africa was approved, the individual Employees can obtain individual Work Visas in a fast-tracked and cost saving Procedure.
This Application is brought to the Department of Home Affairs at an Embassy abroad. The Department will refer the Application to the Department of Labour as well as the Department of Trade and Industry in South Africa. These institutions are involved to regulate the number of Foreign Workers and Salaries to be paid. The Company needs to inter alia, provide proof that the skills required for the job are not available from a South African.
Upon approval of the Application, the Department of Home Affairs will issue the Corporate Visa together with Authorization Certificates for each individual Employee in terms of Regulation 18(2)(b) of the Immigration Act. The Corporate Entity can then start to recruit its workers.
The following are required under a Corporate Visa Application:
Form DHA-1738 or DHA 1740 duly completed and signed
Valid Passport(s)
Medical and Radiological Reports
Statement demonstrating the need to employ foreign workers and hte number of foreigners to be employed
Job description and proposed remuneration of each Employee
Employment Contracts
Valid Return Tickets or Cash Deposit or Company Guarantee
Yellow Fever Vaccination Certificates (if applicable)
Undertaking to ensure Employees will have valid passports, the Foreign Employees will be employed in the positions for which the permit(s) are issued and that the Employees will leave South Africa on completion of their duties
EXCHANGE VISA
An individual or group of individuals participating in a Program of Cultural, Economic or Social Exchange organised or administered by an Organ of State or a Learning Institution in Conjunction with a Foreign Learning Institution or State may entitle such a Foreigner to an Exchange Visa.
Provision is also made for an Exchange Visa to be issued to an Applicant under the age of 25 (Twenty Five) years to work in the Republic of South Africa for a maximum of one year if the prospective Employer gives certain undertakings. The acquisition of Temporary resident status by holders of an Exchange Visa is subject to periods of residence outside the Republic of South Africa after the expiry of the Visa.
The Exchange Visa is dependent on the length of the Program and usually does not exceed a period of 12 (twelve) months. Exchange Permits cannot be renewed or extended.
The following are some of the Documents that will be required with an Exchange Visa Application for South Africa:
Duly Completed and Signed Application Form
Passport valid for no less than 30 days after the expiry of intended visit
Payment of the Prescribed Fee
Vaccination Certificate, if required
Proof of Financial Means to cover living expenses during the stay in South Africa
Undertakings by host in South Africa
Proof of Medical Insurance
Cash deposit or undertaking by Institution
Medical and Radiological Reports
Police Clearance Certificate
Letter from Department of Education or public higher educational institution in South Africa, confirming that is responsible for organizing the program etc
Letter from Organ of Foreign State
Report from a South African Organ of State in terms of Regulation 19(3) of the Immigration Act
GENERAL WORK VISA
A General Work Visa is issued to Applicants not falling into any other Work Visa Category where a prospective Employer in South Africa establishes satisfactorily that a person with the required attributes could not be found in the Republic for the position despite a diligent search, that the intended Terms and Conditions of Employment and specifically Remuneration are not inferior to those prevailing in respect of South African Citizens or Residents.
The New Immigration Regulations have brought about changes to the process and requirements for a General Work Visa. It is now required to follow due process with the Department of Labour in South Africa. Applicants are required to obtain a Letter of Recommendation from the Department of Labour for submission with the Application for a General Work Visa for South Africa.
The Department of Labour requires inter alia that the position is presented to the Department in order to enable the Department to present this position to available candidates listed with the Department of Labour. Certain documentation are required from the prospective South African Employer, such as an Employment Equity Plan (if required by law), Tax Clearance Certificate, SAQA Certificates of Qualifications, the Employment Agreement, etc. Our law firm facilitate this process and assist the Applicant and Employer in adhering to all requirements.
The Employer must also undertake in writing to give Notification tot he Director-General when the Employment ends or is modified.
An Application for a General Work Permit for South Africa should include, inter alia the following documents:
Contract of Employment
Proof of Qualifications (Evaluated by South African Qualifications Authority)
Proof of Experience and skills
Letter from the Employer
In terms of the New Immigration Regulations promulgated in May 2014, also a Certificate from the Department of Labour confirming that-
Despite a diligent search, the prospective employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experience equivalent to those of the Applicant;
The Applicant has qualifications or proven skills and experience in line with the job offer;
The salary and benefits of the applicant are not inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the Republic; and
The contract of employment stipulating the conditions of employment and signed by both the Employer and the Applicant is in line with the labour standards int he Republic and is made conditional upon the general work visa being approved.
Undertaking by Employer
Proof of Registration with Professional Body
Full Particulars of Employer
Tax Clearance Certificate
INTRA-COMPANY TRANSFER VISA
An Applicant that is employed by a foreign Business operating in the Republic of South Africa in a Branch, Subsidiary or Affiliate Relationship and is required to conduct work in South Africa, may be issued with an Intra-Company Transfer Work Visa by the Department of Home Affairs of South Africa for a period of 2 (two) years.
The Employer must give certain undertakings and furnish Financial Guarantees and the Holder of the Visa may only do work for the Employer concerned.
An Intra-Company Transfer Work Visa for South Africa shall, inter alia be accompanied by the following documentation:
Copy of Passport
Valid Return Air Ticket / Deposit / Written Undertaking by the Employer
Yellow Fever Vaccination if applicable
Police Clearance Certificates
Medical and Radiological Reports
Minor Children
Marriage Status
Applicant's Contract of Employment with the Foreign Company
Letter from the Foreign Company confirming that the Applicant shall be transferred to a Branch of that Company or Affiliated Company in South Africa; and by the South African Company confirming the Transfer of the Applicant
Proof that the Employee to be transferred have been employed by the foreign company for a period of at least 6 months
LIFE PARTNER VISA
An Applicant in a hetero- or homosexual Relationship who can prove a Cohabitation Agreement with a South African Citizen or Resident for a period of 2 years can obtain a Life-Partner Visa. This kind of temporary residence visa is only granted for two years, after which the Visa is renewable or extendable within South African borders or abroad.
The holder of a Life Partner Visa can apply for an Endorsement to conduct work in South Africa or to enable them to run their own business and need not apply for a separate Work Visa.
A person married to a South African Citizen or Resident can apply for a Spousal Visa.
We will require documents such as the following to compile and submit an Application for a Life-Partner Visa:
Passport
Completed and signed Application Form
Payment of the Prescribed Fee
Letters of Support which we assist you with
Passport Photographs
Proof of South African Life Partner Citizenship or Residence Permit
Proof of Financial Means
Police Clearance Certificate not older than 6 months for each country in which the applicant has resided since the age of 18 years for period(s) longer than 12 months
Medical and Radiological Reports
Power of Attorney
Independent Evidence of Cohabitation
Employment Agreement, if applicable
Life Partner Affidavit
We can assist with Notarially executing your Life Partner Agreement or Antenuptial Contract as well. We are a firm of Attorneys who also have a notary available for your notarial needs. Contact us for assistance in this regard.
RELATIVE’S VISA
A Relative's Visa may be issued to a member of the immediate Family of of a Citizen or Permanent Resident of South Africa for a period of 2 (Two) Years.
The Applicant for this Relative's Visa must provide Financial Assurance of Joint Income with the South African Relative, of at least R3 000.00 (Three Thousand Rand) per month, except if the relative is the Citizen's or Permanent Resident's Spouse or Child.
For a Spouse or dependent Child of a Citizen or Permanent Resident this Application is Free of Charge, whilst there is a Fee for other relatives wishing to join their Family members in South Africa.
We will require documents such as the following to process and submit your Application on your behalf:
Duly Completed and signed Application Form
Passport
Vaccination Certificate, if applicable
Payment of Fee
Statement or documentation confirming the purpose and duration of the visit and proof of being an immediate family member
Letters of Support
Police Clearance Certificate
Medical and Radiological Reports (not necessary for Pregnant Women and Children under the age of 12 (Twelve) Years
Proof of South African Citizenship or Permanent Residence of the South African Citizen or Permanent Resident
Proof of Funds
SPOUSAL VISA
An Applicant married to a South African Citizen or Resident can obtain a Spousal Visa to remain with his or her South African wife or husband from the South African Department of Home Affairs. The Spousal Visa is only granted for a period of two years, after which the Visa is renewable or extendable. It must be proved that the relationship still exists beyond all doubt.
The holder of a Spousal Visa can apply for an Endorsement to conduct Work or Business in South Africa and need not apply for a separate Work Visa.
A Spousal Visa differs from a Life Partner Visa.
The holder of a Spousal or Life Partner Visa can apply for Permanent Residency in South Africa if you have been married or in a Spousal Relationship for a period of 5 years and longer.
We will require documents such as the following to compile and submit an Application for a Spousal Visa:
Passport
Completed and signed Application Form
Payment of the Prescribed Fee
Letter of Support
Passport Photographs
Proof of Spouse Citizenship or Residence Permit
Police Clearance Certificate
Medical and Radiological Reports
Power of Attorney that we will draw up and send to you for signature
Marriage Certificate
Employment Agreement or documents relating to the Business that you want to conduct in South Africa, if applicable.
CREW VISA
The Spouse of the holder of a Temporary Residence Visa who wants to accompany their husband or wife to South Africa, can make Application for a Spousal Visa.
The following documents / information will be required for this kind of Visa:
Application Form duly completed and signed
Valid Passport
Original Medical Certificate and Radiological Report
Police Clearance Certificates
Marriage Certificate or documents relating to Life Partner Relationship
Letter of Support from holder of Temporary Residence Permit
Copy of holder of Temporary Residence Permit passport and permit
Power of Attorney and Yellow Fever vaccination if applicable
Minor Dependent Children accompanying the Temporary Residence holder and spouse / life partner
Application Fees
MEDICAL TREATMENT VISA
The Spouse of the holder of a Temporary Residence Visa who wants to accompany their husband or wife to South Africa, can make Application for a Spousal Visa.
The following documents / information will be required for this kind of Visa:
Application Form duly completed and signed
Valid Passport
Original Medical Certificate and Radiological Report
Police Clearance Certificates
Marriage Certificate or documents relating to Life Partner Relationship
Letter of Support from holder of Temporary Residence Permit
Copy of holder of Temporary Residence Permit passport and permit
Power of Attorney and Yellow Fever vaccination if applicable
Minor Dependent Children accompanying the Temporary Residence holder and spouse / life partner
Application Fees