The short answer
Asylum seekers (i.e. people who do not hold refugee status) may apply for a residence permit.

The whole question
I am a South African citizen in a relationship with a Pakistani National who has been in possession of an asylum document since 2014.
I was under the impression that asylum seekers, following a Constitutional Court judgment, can now apply for a residence visa/permit. When I contacted Home Affairs, I was told that it's not the case. According to Home Affairs an asylum seeker must hold refugee status.
I was told by an immigration lawyer that there are conditions to these applications. People need to qualify for it. According to the lawyer, it should be based on either: critical skills/ business/spousal.

Is this true ?
I was informed by VFS that an asylum seeker needs to apply for a waiver before any other applications can be made.
Please, could you kindly assist with relevant information and also maybe someone who could help/advise us on the whole process?
I don't know who/what to believe. What is truth? What is correct process/procedure?

The long answer
Thank you for your email asking about how asylum seekers can apply for temporary or permanent residence.
It is not true that a person applying for a residence permit must hold refugee status. The Constitutional Court ruled that any foreigner, including refugees and asylum seekers, could apply for temporary or permanent residence, and that this could be granted if the person fulfilled the requirements of the Immigration Act. It may be that this ruling has not yet been made clear to all officials in Home Affairs, but VFS Global, the company that processes applications for Home Affairs, has placed a Home Affairs statement acknowledging the Concourt judgement on its website.

It is true that a person applying for temporary residence is required to apply from outside of the country, but this can be waived through an application to Home Affairs. (This is a Waiver of Regulation 9(5)). VFS says that it will immediately accept submissions at all their offices for exemptions from having to apply for temporary residence from outside the country. A person applying for permanent residence can apply from inside the country.

A temporary residence visa includes a study visa, a business visa, a critical skills visa and a spousal visa. All of these will have different qualifications. You can find the list of critical skills online – a very long list – if you look up the Immigration Act. In terms of the spousal or life partner temporary visa, a person must have been living in a proven relationship with a partner for more than two years. In terms of permanent residence applications for spouses or life partners, you must have been in a proven relationship for more than five years, and emotional and financial support must be proved. You may have to be interviewed.

You could ask the following organisation for advice and assistance

How can we help you ,
please email us to info@samigration.com
whatsapp message me on: +27 82 373 8415,
where are you now? check our website : www.samigration.com

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 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.

How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

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Why People Come to South Africa

• To seek better life

• To join family members

• To escape poverty or danger

• To find work to support families back home

What is an Illegal Worker?

• Someone who didn't enter through official ports

• Someone doing different work than what their visa allows

• Someone working without a proper work permit

Rules for Employers

• It's illegal to hire foreigners without work permits

• Employers (not workers) get punished for breaking this law

• Fines range from R7,000 to R50,000 per illegal worker

• Employers can go to jail for up to 12 months

• Home Affairs does surprise workplace inspections

Legal Facts to Know

• Foreign workers still have labor rights even if illegal

• Employers cannot fire workers just because their visa expired

• Spouses of visa holders must get their own work visas

• Accepting a job offer or signing a contract without a visa is not illegal

Types of Work Visas Available

1. General work visa

2. Intra-company transfer visa

3. Critical Skills visa

4. Corporate Workers visa

Special Note for Zimbabwean Workers

• ZEP visas are not being renewed

• 12-month grace period to get proper visas

• Must get valid work permits or leave South Africa

What Happens When Caught

• Department of Home Affairs investigates companies

• Higher fines if employer helped with fake documents or housing

• Punishment depends on if employer knew worker was illegal

Rights of Illegal Workers

• Can still report problems to CCMA

• Can get compensation if mistreated, but not job reinstatement

Recommended Actions

• Visit on tourist visa first to explore job options

• Verify all work permits before hiring

• Get help from immigration consultants

• Don't try to hide illegal workers

How can we help you , please email us to info@samigration.com whatsapp message me on:

+27 82 373 8415, where are you now? check our website : www.samigration.com

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Sa Migration Visas

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Employers wishing to recruit engineers, IT workers and telecommunication staff from abroad will have to show they are investing in domestic workforce training under plans to reduce net migration to the UK.

A government white paper to be published early next week is expected to outline new requirements for specific sectors thought to be too reliant on foreign workers.

These companies would have to show they are investing in training – for example by increasing the number of apprenticeships – to continue employing overseas staff.

The white paper is designed to tackle record levels of overall migration, which soared to more than 900,000 a year under the last government.

Keir Starmer, the prime minister, is under pressure to cut the figures after the success of Nigel Farage’s Reform party in last week’s local elections.

The home secretary, Yvette Cooper, last year commissioned independent advisers to review hiring practices at technology and engineering companies to assess their reliance on skilled worker visas.

The migration advisory committee was asked to find out why the sectors depended on international recruitment and to what extent training, pay and conditions had driven these shortages. The committee was due to reply by 6 May.

Government sources denied reports that migrants would have to learn a higher standard of English under measures in the white paper.

They said there was “no plan” to introduce a tougher foreign language exam, known as a B2, for people coming to the UK for work.

Cooper is expected to move away from the Tories’ policy of focusing restrictions on low-skilled workers such as care and health staff and is instead examining relatively well paid, highly skilled areas.

Net migration, or the number of people coming to the UK minus the number leaving, rose to a record 906,000 in the year to June 2023 before falling to 728,000 in the 12 months to last June.

Rules introduced by former prime minister Rishi Sunak in an attempt to reduce migration levels contributed to the fall.

His Conservative government increased the minimum salary for skilled overseas workers from £26,200 to £38,700 and banned care workers from bringing family to the UK.

People from selected countries will be earmarked for additional restrictions, government sources said.

Data disclosed by the Home Office in March showed that, of asylum seekers who entered on a visa but ended up in government accommodation, the most common home countries were Pakistan, Nigeria and Sri Lanka.

Officials are working with the National Crime Agency to build a database of applicants from countries that are the source of most asylum claims. Nearly 10,000 asylum claimants who arrived in the UK legally on work or study visas were living in taxpayer-funded accommodation, such as hotels, at some point last year.

Experts have questioned whether the government would succeed in building such a database and said it could lead to “arbitrary” outcomes.