South African Citizenship

• SA Visa
• Citizenship
Citizenship Options
• South African Citizen by Descent
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Deprivation of Citizenship
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Acquisition of the citizenship or nationality of another country
South African Citizen by Descent:

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

South African Citizen by Naturalisation:
Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalisation, two years after receiving his or her permanent residence at the time of marriage.

A child under 21 who has permanent residence Visa qualifies for naturalization immediately after the Visa is issued.
Automatic loss of Citizenship.
This occurs when a South African citizen:
Obtains citizenship of another country by a voluntary and formal act, other than marriage, or;
Serves in the armed forces of another country, where he or she is also a citizen, while is at war with South Africa.

Deprivation of Citizenship:
A South African citizen by naturalization can be deprived of his citizenship if;
The certificate of naturalisation was obtained fraudulently or false information was supplied.

He or she holds the citizenship of another country and has, at any time, been sentenced to 12 months imprisonment in any country for an offence that also would have been an offence in South Africa.
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The South African Qualifications Authority (SAQA) plays a critical role in the process of obtaining a South African work visa, particularly for applicants who need to provide proof of their foreign qualifications. Below is a detailed explanation of SAQA, its purpose, the evaluation process, and its relevance to South African work visa applications.

1. What is SAQA?

The South African Qualifications Authority (SAQA) is a statutory body established under the National Qualifications Framework Act (NQF) No. 67 of 2008. Its primary role is to oversee the development and implementation of the National Qualifications Framework (NQF) in South Africa.

SAQA’s main function is to ensure that qualifications obtained outside South Africa are assessed and recognized as equivalent to South African standards, ensuring consistency in qualifications evaluation.

Key Functions of SAQA:

• Evaluation of Foreign Qualifications: Determines whether a foreign qualification is comparable to South African standards.

• Recognition of Learning Outcomes: Ensures that qualifications are aligned with South Africa’s education system.

• Accreditation of Training Programs: Assesses educational programs and training institutions to ensure quality standards.

• Verification of Qualification Authenticity: Confirms that qualifications are genuine and not fraudulent.

2. Why is SAQA Required for Work Visas?

For most South African work visa categories, especially the General Work Visa and Critical Skills Visa, applicants must prove that their foreign qualifications meet South African standards.

Key Reasons for SAQA Evaluation in Work Visas:

1. Qualification Verification:

o Ensures the applicant’s education and skills match the job requirements specified in their visa application.

2. Skills Recognition:

o Confirms that the applicant’s qualifications meet the minimum educational standards required for the job role.

3. Labour Market Protection:

o Helps the Department of Home Affairs (DHA) verify that foreign workers possess the required skills and that South Africans cannot fill the position.

4. Compliance with Immigration Laws:

o The Immigration Act No. 13 of 2002 mandates proof of qualifications equivalence for visa issuance.

3. Which Work Visas Require SAQA Evaluations?

1. General Work Visa:

o Requires SAQA evaluation to verify that foreign qualifications match South African job requirements.

o Labour market testing is often required to confirm the unavailability of local talent.

2. Critical Skills Work Visa:

o SAQA evaluation is mandatory to confirm that the applicant’s qualifications align with South Africa’s Critical Skills List.

o Even if an applicant has extensive work experience, academic qualification equivalence is still required.

3. Intra-Company Transfer Visa:

o SAQA evaluation is not always mandatory unless specific South African professional registration is required for the transferred role.

4. Corporate Visa:

o Employers sponsoring multiple foreign employees must prove that each employee’s qualifications meet job criteria, and SAQA certification may be requested as part of compliance checks.

4. The SAQA Evaluation Process for Work Visas

Step 1: Application Submission

• Create a profile and submit an application through the SAQA online portal (www.saqa.org.za).

• Upload all certified copies of qualifications, transcripts, and identity documents (passport).

Step 2: Supporting Documents

Applicants must provide the following:

1. Qualification Certificates: Copies of diplomas, degrees, or transcripts.

2. Official Transcripts: Academic records showing subjects and results.

3. Translation of Documents: If not in English, official translations must be submitted along with originals.

4. Proof of Accreditation: Confirmation that the awarding institution is recognized by the respective country’s education authority.

Step 3: Verification Process

• SAQA verifies the authenticity of the qualification with the issuing institution.

• The qualification is then assessed to determine equivalence under the National Qualifications Framework (NQF).

Step 4: Outcome Report

• Once the evaluation is complete, SAQA issues a Certificate of Evaluation, indicating the NQF level of the foreign qualification.

• This certificate is included as supporting evidence in the visa application.

5. Processing Times and Fees

• Processing Time:

o Standard applications take 15–20 working days.

o Urgent processing may take 10 working days but incurs higher fees.

• Fees:

o Fees are subject to change but typically range between R880 and R1000 (approximately $50–$60 USD) per application.

• Validity Period of SAQA Report:

o The SAQA evaluation is valid indefinitely, but it is advisable to re-check validity in case of any changes to immigration laws or visa requirements.

6. Challenges with SAQA Evaluations

• Delays in Processing:

Applications may take longer due to verification delays with foreign institutions.

• Unrecognized Institutions:

If the awarding institution is not accredited in the home country, the qualification may not be recognized by SAQA.

• Document Issues:

Missing, incomplete, or uncertified documents can lead to rejection or delays.

7. Alternatives to SAQA Evaluation

In certain cases, professional bodies in South Africa may conduct industry-specific evaluations instead of SAQA. For example:

• Engineering Council of South Africa (ECSA): For engineering-related qualifications.

• Health Professions Council of South Africa (HPCSA): For medical professionals.

• South African Institute for Chartered Accountants (SAICA): For accountants and finance professionals.

These evaluations are often required in addition to SAQA if the profession requires licensing or registration.

8. Final Thoughts

SAQA evaluations are a mandatory and critical step in the South African work visa application process, especially for applicants applying under General Work Visas and Critical Skills Visas. The evaluation ensures that foreign qualifications meet local standards and helps protect South Africa’s labor market while filling skills shortages with qualified candidates.

Applicants should start the SAQA process well in advance of their visa application deadline to avoid delays and carefully ensure all documentation is certified, translated (if required), and properly submitted. Consulting with immigration specialists can also help streamline the process and resolve any unexpected complications.

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Inter Company Transfer Visa

An intra-company transfer work Visa may be issued by the Department to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic.

An important factor is that the applicant has to have been employed with the company abroad for a period of not less than 6 months.

The Intra company transfer is not designed to be a long term visa. The idea is to bring in foreign workers employed by the company abroad with a branch or subsidiary branch here in South Africa; they work or conduct training for four years, and then return home.

This Visa does not require the hassle of proving the company could not find suitable applicants and it does not require the hassle of verifying an applicant’s formal qualifications. It is based purely on employment. If you are a company that needs to transfer in foreign employers, please contact us and we will make this go as smoothly as possible.
It is important to note that this category of work Visa cannot be granted for more than four (4) years and this type of Visa is not extendable.
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Yes, it is possible for a foreign spouse or life-partner of a South African business visa holder to work for the business. However, this depends on the type of visa the spouse or partner holds and whether they meet the legal requirements under South African immigration law. Below is a comprehensive explanation of the rules, eligibility, and processes involved:

1. Understanding South African Business Visas

A South African business visa is granted to foreign nationals who:

• Establish or invest in a business in South Africa.

• Commit a minimum investment of R5 million (though waivers may be granted in special cases).

• Employ at least 60% South African citizens or permanent residents.

Holders of a business visa are permitted to operate and manage the business for which the visa was granted.

2. Visa Options for Spouses and Life-Partners

(a) Accompanying Spouse or Life-Partner Visa (No Work Rights)

• Foreign spouses or life-partners of business visa holders can apply for a relatives visa or life-partner visa to accompany the visa holder.

• However, this does not automatically grant work rights.

• To work legally in South Africa, they must apply for work authorization as an endorsement on their existing visa.

(b) General Work Visa or Critical Skills Work Visa (Alternative Routes)

• If the spouse or partner does not qualify for an endorsement, they can apply for a general work visa or critical skills visa based on their own qualifications and work experience.

• This route is often lengthier and requires the employer to prove that no South African could fill the position.

(c) Spousal Visa with Work Authorization (Fastest Option)

• A spousal visa with work endorsement is the simplest and fastest way for a spouse or partner to legally work in the business owned by the business visa holder.

• Key Requirements:

o Proof of a valid spousal relationship or partnership (marriage certificate or cohabitation evidence).

o A job offer letter from the business, outlining the spouse’s role, salary, and responsibilities.

o A motivational letter from the business visa holder (primary applicant) explaining the need for their spouse’s employment in the business.

3. Working for the Business – Legal Requirements

(a) Work Authorization Process

If the spouse or life-partner intends to work specifically for the business operated by the business visa holder, they must:

1. Apply for work authorization under Section 11(6) of the Immigration Act.

2. Provide documentation proving their spousal or partnership status.

3. Submit an employment contract and business plan showing their involvement in the business.

4. Demonstrate that their role aligns with the business operations and adds value without displacing South African workers.

(b) Restrictions

• The authorization is tied to the specific business for which it was approved.

• The spouse or partner cannot work for a different employer without applying for a new visa or work endorsement.

• If the relationship ends (e.g., divorce or separation), the spouse’s visa may no longer be valid, and they must reapply for a different visa to continue working.

4. Practical Scenarios and Examples

Scenario 1: Spouse Becomes a Co-Manager or Employee

A business visa holder opens a restaurant in South Africa. Their spouse has hospitality experience and wishes to work as a manager in the same business.

• They apply for a spousal visa with an endorsement to work.

• Submit the employment offer, job description, and proof of relationship.

• Once approved, the spouse can legally work in the business.

Scenario 2: Life-Partner Assists in Administration

A business visa holder owns a consulting firm and their life-partner wants to assist with accounting and administration.

• The partner applies for a life-partner visa and requests work rights under Section 11(6).

• Upon approval, they can take up the role specified in the application.

Scenario 3: Spouse Wants to Start Their Own Business

If the spouse or partner does not wish to work for the business but instead wants to start a separate business, they will need to apply for their own business visa and meet investment requirements independently.

5. Key Challenges and Considerations

(a) Dependency on Primary Visa Holder

• The spouse’s work rights are linked to the status of the primary business visa holder.

• If the primary visa is revoked, the spouse or partner may also lose their work authorization.

(b) Bureaucratic Delays

• The Department of Home Affairs (DHA) in South Africa has faced processing delays.

• Applications for work endorsements may take 2–6 months, so planning ahead is critical.

(c) Compliance with Employment Laws

• Spouses or partners must be formally employed with contracts, payroll records, and tax compliance to avoid penalties.

• Businesses must also ensure that they meet labour regulations regarding wages and working conditions.

6. Benefits of Employing a Spouse or Life-Partner in the Business

• Easier Visa Approval: Applications tied to an existing business visa are generally easier to process than standalone work visas.

• Reduced Hiring Costs: No need to recruit externally or prove the unavailability of South African workers.

• Trusted Workforce: Spouses or partners often have a stronger commitment to the business’s success.

• Simplified Paperwork: Visa processes can be streamlined when both partners share the same business interests.

7. Conclusion

Yes, a foreign spouse or life-partner of a South African business visa holder can legally work for the business, but this requires obtaining the correct visa endorsement or work authorization under Section 11(6) of the Immigration Act.

The process involves submitting proof of relationship, a job offer letter, and a business justification. While this is the fastest route, businesses and applicants must ensure they comply with labour laws and immigration policies to avoid penalties or legal challenges.

For the smoothest experience, applicants should seek legal assistance or use an immigration consultant to handle the paperwork and address any delays with the Department of Home Affairs.

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The Critical Skills Visa South Africa is for skilled workers whose occupation is on the Critical Skills Visa List for South Africa. This list reflects the occupations that are in demand in South Africa.

The newly published "Skills or qualifications determined to be critical for the Republic of South Africa in relation to an application for a Critical Skills Visa or Permanent Residence Visa"

This category of work visa may be issued to an applicant who falls within a specific professional category or specific occupational class determined by the Minister by notice in the Government Gazette. This is done after consultation with the Minister of Labour and the Minister of Trade and Industry.

If an applicant falls within one of the professional categories listed on the critical skills list and also has the appropriate post qualification working experience in that profession then such applicant may qualify to apply for this category of work Visa.

The applicant also needs to where applicable register with the relevant South African professional accreditation body regulating that industry as stipulated by Minister of Home Affairs. Such body must also confirm the applicant’s skills, qualifications and working experience.

Furthermore, such applicant’s qualifications need to be evaluated relevant to a South African level. An applicant for a Critical Skills Visa may enter South Africa on such visa without having secured a job offer first. It is, however, required of the applicant to confirm employment with the Department of Home Affairs within a period of one (1) year upon arrival in South Africa, failing which, the Visa would automatically lapse.

The Critical Skills Work Visa is tied to an individual and not to an employer so under this Visa a person can leave from one employer to the next without obtaining a new work Visa.
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