General Work Visa

Under the General Work Visa there are very strict requirements. The South African government, although trying to promote work and trade in South Africa, recognize the need to give South Africans the chance to obtain employment ahead of any foreigner.

You will have to prove that you are the only person who can fill that position and that no other South African can play that role. This is done by placing an advert in a national newspaper advertising the position.

A Department of Labour report would need to be obtained.

You will also need to have a job offer/contract from your future employer.

The most important part of the process is skills assessment by SAQA (South African Qualifications Authority) in SA which evaluates your formal qualifications and compares them to a SA qualification. This process is mandatory and for this we would need your academic transcripts and award diplomas. Note under the regulations provision is made for the recognition of work experience in the absence of formal qualifications and this therefore makes provision recognition of prior work experience (RPL).

This is a paper based system which merely compares the foreign qualifications and arrives at an equivalent qualification in SA, and if qualified in SA then no SAQA needed.

Next your employer has to prove that you are the only person that can fill the position and no other South African can fill that role. This is done by placing an advert in a national newspaper advertising the position.

Please note the work Visa is issued in the name of the employer so the person is tied to the employer. If they change the job they will require a new work Visa.

There is some good news for people who are qualified through work experience only and they can qualify if they don’t require formal qualifications, ie SAQA.

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South African Permanent Residence

South Africa encourages permanent residency if you are serious about staying in South Africa on a long terms permanent basis there are many categories you can apply under.

• Hold a General Work Visa for five years and have a permanent job offer.

• Hold a Relative’s Visa sponsored by an immediate family member.

• Hold a Critical Skills Visa and have 5 years relevant work experience.

• Be in a proven life relationship relationship for five years

• Be married to an SA relationship for at least five years.

• Have held Refugee Asylum Status for five years.

• Hold a Business Visa.

• Receive a monthly income of R37,000 through Pension or Retirement Annuity

• Have a net asset worth of R12m and payment to Home Affairs of R120,000

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The short answer
He could apply for a number of visas: work, critical skills, life partner or (eventually) a relative visa

The whole question
I have been in a relationship with my Serbian boyfriend for almost two years now. We recently found out that I am pregnant. Although we are not quite ready for marriage yet, we would love to raise our child together. What options do we have in terms of him coming to stay in South Africa for longer than three months at a time on a tourist visa?

The long answer
There are a number of visas that he could apply for, including a work visa, a critical skills visa, a life partner visa or a relative visa. Given the pandemic, however, and the suspension of many services by Home Affairs during the lockdown, all applications are bound to take even longer than usual.
For all the visas he would need passport, completed visa application form and various police and medical clearances.
• For a work visa, he would need to have a written offer of employment from a South African employer who would need to prove that a suitable South African could not be found to fill the advertised position. A work visa is valid for the period of the contract but not exceeding five years.
• For a critical skills visa, he would have to list one of the skills on the new critical skills list and the required certification proving his qualifications, as well as proof that he has the financial means to support himself while he looks for employment. The critical skills visa is also valid for up to five years.

• A life partner visa is a temporary residence permit that a foreigner who is not married but is in a permanent relationship with a South African citizen can apply for. The application must be made from the applicant’s country unless he is here on a temporary visa like the general work permit. You would have to prove that the two of you had been in a long-term relationship for two years and that you are a couple that is emotionally and financially dependent on each other. You would need to show shared financial arrangements and provide letters of support for the application from family and friends. You would have to have separate interviews with Home Affairs officials to establish the authenticity of your relationship. This is a temporary residence permit that is typically given for two to three years but can be extended if you can prove that the relationship is still viable. One of the advantages of this kind of permit is that he can apply for an endorsement for work if he gets a suitable offer of employment when he has been granted the life partner visa, without going through the onerous business of getting a South African employer to prove that he could find no suitable South African to fill an advertised post. He can also apply for an endorsement to study.

• He can apply for a relative visa if he is the biological parent of a South African child. As the South African citizen, you would need to prove that you have the financial resources to support him. This visa is issued for up to two years at a time and he would not be allowed to study, open a business or work during the two years.

All the lists of required documentation for the various visas can be found on the Department of Home Affairs website, and you can also access the exhaustive list of critical skills issued online.

A Long-Term relationship Visa is issued to individuals in a committed relationship.

This type of South African long-term relationship visa is available to individuals in legally recognized relationshipships and allows them to apply for either a temporary residence visa or permanent residence, depending on the length of the relationship.

An application for a temporary residence long-term relationship visa requires that the relationships have been in a documented relationship for at least two years. Foreign nationals who are relationships of South African citizens or permanent residents may apply for permanent residence if they have been together for five years or more, in line with the Immigration Act.

To qualify for permanent residence, you must have been cohabiting with your relationship for more than five years, as per the latest regulations.

The Long-Term relationship Visa is similar to the relationship Visa, but it also extends to legally recognized same-gender relationshipships. Applicants must demonstrate both financial and emotional support and may be required to attend an interview with the relevant authorities.

SA Migration Intl will assist you throughout the entire visa process, ensuring that your application complies fully with immigration laws to achieve a positive outcome. Once your application is submitted, we will provide tracking options, either directly through VFS or via our internal application tracking system, keeping you informed of every step.

Once eligibility is confirmed, we will work to ensure a smooth and successful visa application process.

If you require a Long-Term relationship or relationship Visa for South Africa, please contact us today!

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A retirement visa can be granted for 4 years to someone with a monthly pension, irrevocable annuity or retirement account of R37 000 from a net worth/combination of assets realizing R37 000 per month and wishes to retire temporarily or permanently in South Africa.

A South African Retired Person's permit is ideal for people wishing to retire in South Africa temporarily or permanently subject to the financial criteria or parameters being satisfied.

This South African visa category is designed for those intending to retire in the country or wishing to have a long stay in South Africa with the need to renew the visa or permit. This retirement visa is not based on age but rather on assets, rental income and / or bank accounts generating income. It is based upon foreigner providing proof that such foreigner has the right to a pension or an annuity or retirement account which will give such foreigner a prescribed minimum payment for the rest of his or her life from the country of his or her origin; or a minimum prescribed net worth generating income for life.

This South African immigration visa is a popular option for seasonal visitors, i.e. those visiting the country for a period of six months or more. An important point to observe is that successful applicants are under no obligation to apply for permanent residence.
The temporary grant may be renewed indefinitely so long as the requirements continue to be met.

However, permanent residency does bestow additional benefits upon its holder. In South Africa, immigration through the retired person's route can be either a temporary visa permit or a permanent residence visa as outlined in the eligibility criteria summarized below.

• The temporary route is granted for four years and is renewable indefinitely for four-year periods.
• The permanent route offers permanent residents the same rights and privileges as those with South African citizenship, with a few key exceptions, most notably the right to vote.

In both the temporary and permanent residence category the, South African Retired Persons Visa is based upon financial criteria and unlike a South African Work Visa, no prior job offer needs to be in place before an application can be made. Although unlike temporary South African visit visas, retired people can permitted to work if they wish, provided they apply under the correct visa category – Retirement plus Work Visa

We wish to stress that the category “retired person", does not confer a maximum or minimum age limit for this class of visa for South Africa. Retired person's visas may be awarded to people of all ages, provided that the eligibility requirements below are met.

• A pension, retirement account or irrevocable annuity which has a value of at least R37, 000 per month. This requirement applies to each person making an application.
• Alternatively, candidates may obtain a South African visa of this kind by demonstrating a "net worth" through a combination of assets which equates to a minimum of R37, 000 per month. Once again, this criterion applies to each person making an application.

Work Conditions
The nature of this type of immigration to South Africa is such that no specific stipulations are in place regarding a candidate's ability to work in South Africa. In most cases, it may be assumed that people embarking upon this route, based as it is upon a steady income from a source other than employment will not be entering the country to work. However, each case will be considered individually and candidates may be able to work during their time in the country.

Applicants wishing to work will need to submit an employment contract and is not required to demonstrate that a South African citizen or resident is available for the position. The idea here is that applicants under this category can supplement their income and that the rules have been relaxed significantly from the stringent work visa requirements.

Accompanying Dependents
relationship immigration and dependent immigration are now provided through temporary South African Retired person's visas. This route to South Africa is based upon the financial security of each applicant and unlike work permit visas or business visas, the dependent family members of retired applicants automatically qualify for visit visa status to accompany the principle applicant and does not have to meet the same criteria for temporary residence but for the purposes of permanent residence they are treated as one family unit.

However, in cases where an applicant successfully obtains permanent residence as a retired person, their relationship and/or dependent children, i.e. those aged under 21 will also qualify for permanent residency.
Financially Independent
An alternative route exists in the financially independent visa for which candidates would need to be able to demonstrate a net asset value totalling not less than R12 million.

In addition, it would also be necessary to demonstrate proof of payment of R120,000 as a non-refundable sum to the Director General of Home Affairs. The application for a financially independent visa will lead to permanent residence.

• A retired persons visa may be issued for a period exceeding three months to a foreigner who intends to retire in the Republic, provided that the foreigner provide proof that such foreigner has the right to a pension or an annuity or retirement account which will give such foreigner a prescribed minimum payment for the rest of his or her life from the country of his or her origin; or a minimum prescribed net worth.

• The Department may authorise the holder of a retired person permit to conduct work under terms and conditions as the Department may deem fit to determine under the circumstances.

• A retired person visa may allow its holder to sojourn in the Republic on a seasonal or continuous basis; and not exceed a four-year period, at the expiry of which it may be renewed one or more times.
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