A business visa may be issued by the Department of Home Affairs to a foreigner intending to establish or invest in a business in South Africa in which he or she may be employed, and to members of such foreigners’ immediate family providing that certain requirements have been met.
The Act calls for investment of R5,0 million in a business and you need to make sure you employ 60% South African citizens or permanent residents to get both a temporary and permanent business visa, you can get these visas with less capital investment - sometimes for as low as R600,000 investment using our expert team at SA Migration.
Many businesses do not require a capital investment as large as R5 million and in certain cases, you are allowed to reduce this amount and commit to a smaller investment if your business falls within the certain industries. The following businesses to be in the national interest, and therefore qualifying for reduction or waiver of the capitalisation requirements as determined to be in the national interest in relation to a Business Visa: Many of these business owners do not have the required investment amounts. If this is the case and the business falls in line with one of the following industries, a capital waiver can be requested. This would mean a reduction in the required investment amount.
The industries are:
(a) Agro-processing
• Fisheries and aquaculture i.e. freshwater aquaculture and marine culture
• Food processing in the milling and baking industries
• Beverages viz. fruit juices and the local beneficiation, packaging and export of indigenous teas
• High value natural fibres viz., organic cotton and downstream mohair production
• High value organic food for the local and export market
• Biofuels production viz. bioethanol and biogas
• oils: tea extracts, including buchu, honeybush: and other oil derivatives (avocado, amarula etc.)
• Diversification / beneficiation of biomass sources i.e. sugar, maize
(b) Business Process Outsourcing and IT Enabled Services
• Call centers
• Back Office Processing
• Shared Corporate Services
• Enterprise solutions e.g. fleet management and asset management
• Legal process outsourcing
(c) Capital / Transport equipment, metals and electrical machinery and apparatus
• Basic iron and steel
• Basic precious and non-ferrous metals
• Casting of metals
• Other fabricated metal products: metalwork service activities
• General purpose machinery
• Tooling manufacturing
• Foundries
• White goods and associated components
• Electric motors, generators and transformers
• Electricity distribution and control apparatus
• Insulated wire and cable
• Accumulators, primary cells and primary batteries
(d) Electro Technical
• Advanced telecommunications
• Software development
• Software and mobile applications
• Smart metering
• Embedded software
• Radio frequency identifications
• Digital TV and Set Top Boxes due to migration to full digital television
• Process control, measurement and instrumentation
• Security and monitoring solutions
• Financial software
• Manufacturing sensors
(e) Textile, Clothing and Leather
• Spinning, weaving and finishing of textiles
• Knitted and crocheted fabrics and articles
• Wearing apparel except fur apparel
• Dressing and dying of fur
• Leather skins and hides beneficiation
(f) Consumer goods
• White goods and associated components
(g) Boatbuilding
• Boatbuilding and associated services industry
• Engines and engine systems
• Marine equipment and accessories
(h) Pulp, paper and Furniture
• Manufacture of paper products: publishing, printing and reproduction
• Manufacture of articles of straw and plaiting materials
• Paper and paper products and furniture
• Manufacture of wood and products of wood and cork
(i) Automotives and Components
• engines, radiators, filters and components thereof
• air conditioners / climate control systems
• alarms and Tracking devices
• axles, transmission shafts
• body parts and panels
• catalytic converters, silencers and exhaust systems and components
• wiring harnesses, instrument panels vehicle interiors, electronic drive train components,
• lighting equipment
• seats and parts thereof, seatbelts, leather covers
• suspension and shock absorbers, springs and parts thereof
• steering wheels, columns and boxes
• ignition, starting equipment, gauges and instrument parts
(J) Green Economy Industries
(jj) Power generation:
• Nuclear Build Programmer i.e. joint ventures, consortiums and the establishment of new companies to grow South Africa's nuclear manufacturing capability and nuclear supply industry to supply into the nuclear build programme
• Independent power generation, energy infrastructure and alternative energy
(jjj) Renewable Energy:
• Onshore wind power - manufacture of turbines/blades
• Solar PV and Concentrated Solar Power manufacture/assembly
• Biomass
• Small hydro
• Lowering greenhouse gas emissions from landfill sites
• Energy efficiency and energy saving industries
• Solar water heaters
• Waste Management and Recycling
• Reducing landfill
(k) Advanced Manufacturing
• Nano-materials
• High performance materials based on natural resources (advanced bio-composites
• Advanced materials, polymers and composites
• Medical devices, diagnostics and composites
• Space e.g. satellite manufacturers etc. and astronomy e.g. SKA, telescopes, dishes etc.
• Composites (intelligent textiles used in medical, building and construction industries)
• Continuous fibre reinforced thermoform composites
• Biochemical and biologics for applications in agriculture, industry and health/medical sectors
• Electricity demand Site Management Solutions to improve electricity efficiency usage
• Lasers and laser-based additive manufacturing various applications
• Advanced Robotics Mobile Intelligent Autonomous Systems
• Applications in the mining industry, data collection and analysis
• Bio - manufacturing - Biochemical and biologics for applications in agriculture, industry and health/medical.
• Fuel cells and Technology
(l) Tourism infrastructure
• Accommodation - hotels, boutique hotels, lodges and resorts
• urban integrated tourism/ entertainment precincts
• adventure, - eco-, sport-, conference- and cultural tourism
• infrastructure developments
• leisure complexes and world class golf courses
• harbour and waterfront developments
• trans frontier conservations areas
• Tourism transport - aviation, rail, cruise liners etc.
• green building and green technologies for tourism
• attractions and activity - based tourism.
• museums and heritage
(m) Chemicals, plastic fabrication and pharmaceuticals
• basic chemicals
• water treatment chemical products
• man-made fibres
• plastic products: polypropylene and polyvinculchloride
• medical (drips and syringes), manufacture of active pharmaceutical ingredient
• (APIs) for key anti-retrovirals (ARVs)
• Manufacture of reagents for AIDS/HIV diagnostics
• Production of vaccines and biological medicines
👎 Creative and Design Industry
• Film studios, treaty film co-production ventures, distribution infrastructure
• Servicing of foreign productions
• Production of film and documentaries, commercials, stills photography and
• Multi-media
• Post-production
• Design
• Jewellery manufacturing and design
• Fashion design
(o) Oil and Gas
• Maintenance ship and rig repair
• Fabrication - equipment and specialised components
• Specialised services - training and accreditation
• Specialised services - non-descriptive testing, inspection services, SHEQ services
• Exploration - technical services: seismic surveys, logging, environmental impact assessments, etc.
• Exploration - offshore
• Exploration - onshore shale gas
• Exploration - onshore coal bed methane and underground coal gasification
• Infrastructure - refineries (Oil and GTL)
• Infrastructure - terminals LPG/LNG import, storage and distribution
• Infrastructure - ports and associated infrastructure
• Infrastructure - storage
• Logistics - pipeline
(p) Mineral beneficiation
• Downstream processing and value addition
(q) Infrastructure Development
(r) ICT
• Geoamatics and Digital media
• Wireless and Telecom
• Electronics
• IT
• Software Development
• Advanced programming
List of undesirable Business in South Africa;
• Businesses that import second hand motor vehicles into the Republic of South Africa for the purpose of exporting to other markets outside the Republic of South Africa
• The exotic entertainment industry
• Security Industry
Our team of professionals at SA Migration International will assist you and help you to obtain your business visa for you.
South Africa is going through a very exciting stage at the moment and there is lots of opportunity to be involved in this emerging economy and the government welcomes anyone wishing to invest and create employment. Especially for small business owners, the markets are extremely lucrative and the government welcomes anyone who wants to invest.
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The short answer
The Constitutional Court ruled in October 2018 that a blanket ban on asylum seekers applying for temporary or permanent residence visas was not justified.

The whole question
I have been an asylum seeker for seven years. I read a GroundUp article that said asylum seekers can not be banned from applying for permanent residence. Can I apply for permanent residence? It would make my life a lot easier.

The long answer
Thank you for your email asking about applying for a residence visa as an asylum seeker of seven years.
It is true that the highest court in the land, the Constitutional Court, ruled in October 2018 that a blanket ban on asylum seekers applying for temporary or permanent residence visas was not justified.

The court said that while it was true that temporary residence permits had to be applied for outside the country, the applicant could apply for an exemption from that part of the Immigration Act, and this exemption could be granted as many asylum seekers could not return to their countries of origin without danger, and did not have valid passports. The court said that there was no reason that asylum seekers should not apply for residence visas, as the Immigration Act should not be in opposition to the Refugees Act.

VSF Global, the company that processes applications for Home Affairs, has issued a statement acknowledging the Constitutional Court's judgement. VSF says that it will immediately accept submissions at all their offices for exemptions from having to apply for temporary residence from outside the country. They say that a directive about permanent residence applications will be made soon.

So it looks as though nothing can prevent you from applying for an exemption at a VFS office

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

Foreigners may purchase and own immovable property in South Africa without any restrictions, as foreigners are generally subject to the same laws as South African nationals. The only foreigners disqualified from owning property in South Africa are foreigners that are here illegally.

It is thus possible for a foreign individual to own property individually, jointly or in undivided shares. Foreign companies and trusts are also permitted to own property in South Africa, provided that they are registered in South Africa as an external company.

What is required as a foreigner purchasing property?
While purchasing property in South Africa as a foreigner has its advantages, it is important to bear the following considerations in mind, namely:

Visa requirements
Non-residents would need to comply with the Immigration Act 13 of 2002 if they intend to stay in their South African property for extended periods. The permit for which they apply would largely depend on their country of origin, the purpose of their visit and how long they intend on staying in South Africa.
Although there is a lengthy list of countries who do not need visas for visits of less than 90 days, foreign nationals from visa-restricted countries will have to apply for the relevant visa.

Capacity to enter into an agreement
Should the foreign purchaser not be in South Africa to sign transfer or bond documents, such purchaser will need to have the documents signed either at a Notary Public, who (depending on the country of signature) may have to have the documents Apostilled; alternatively the purchaser could also sign the necessary documents at a South African embassy.

Additional costs
Foreign nationals are, as is the case with South African residents, liable for any transfer duty, should the value of the property exceed R900,000. Properties purchased from developers, on the other hand, will generally attract Value Added Tax (VAT) as opposed to transfer duty and which VAT sum will be included in the purchase price.

They will also be liable for the ordinary costs of transfer which are payable by purchasers when purchasing property (kindly consult our tariff guide for an estimate on the property transfer costs).

It is very important to note that foreigners who purchase property in South Africa must register as South African tax payers for their Capital Gains Tax obligation. Should the foreigner wish to sell his property, a withholding tax of a certain percentage on the proceeds of the sale of a property of more than R2-million becomes payable until clearance is received from the South African Revenue Service from any amount to be paid to the seller or the seller’s agent. This can be avoided if the South African Revenue Service is approached prior to the transfer to obtain a tax directive and in which case only the directed amount (if any) will be withheld.

Financing
South African exchange control regulations determine the extent to which foreign buyers can borrow money locally to fund the purchase. Foreign buyers not working in South Africa will typically not be granted more than half of the purchase price to fund the purchase. The balance must then be paid in cash and this may be cash generated in South Africa, or off-shore funding.
Foreigners who have temporary work permits may be granted more than half of the purchase price, but the loan amount will still depend on the bank’s criteria. A condition of the loan would be that the buyer must reduce the bond to less than half of the registered amount before they leave South Africa to go back abroad. Some institutions would possibly require a work permit of at least four (4) years before they would consider a bond for more than half of the purchase price.
Consult with legal experts before purchasing property as a foreigner
When purchasing property as a foreigner, it is important to partner with a team of experts you can trust. Our Conveyancing and Property Law team are well experienced in assisting foreign nationals purchase property in South Africa, contact our knowledgeable team for more information.
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Section 30(1)(h) of the Immigration Act of South Africa and Regulation 27(3) of the Immigration Regulations.
A person will be declared ‘undesirable’ and will receive a ban regardless of the reason for the
overstay. The ban applies to any person who has overstayed, adults and children. The ban and
being declared ‘undesirable’ also affects people who leave South Africa while their application for a visa (or visa extension) is pending, if their current visa has expired.
what happens if i overstay my visa?

In 2014, the Department of Home Affairs introduced new immigration regulations, which
effectively 'ban' foreign nationals who overstay in the Republic from re-entering South Africa fora set period of time.
The immigration laws in South Africa state that a person who overstays in the Republic after the expiry of their visa will be declared as 'undesirable'. This person would receive a document, confirming them to be an 'undesirable' person, when they exit South Africa. Their passport is also stamped. The document 'bans' them from re-entering South Africa. The length of time that you are banned for depends on how long you have overstayed your visa.

Persons who overstay their visa for a period of less than 30 days will be declared
‘undesirable’ and banned for a period of 12 months. This means that this person will not
be allowed to re-enter South Africa for 12 months.
Persons who overstay their visa by more than 30 days will be declared ‘undesirable’ and
banned for a period of 5 years. This means that this person will not be allowed to reenter
South Africa for the next five years.

WHAT CAN I DO IF I RECEIVE A BAN?
You are able to appeal a ban. The Immigration Act allows for people to lodge a formal appeal
request to the Department of Home Affairs if they have been declared ‘undesirable’ and received a ban. The appeal must be submitted within ten working days of the day that you received the
ban. To submit an appeal, you must email your request to the Department of Home Affairs,

Written representations/letter with clear reasons for overstay,
A copy of the document declaring you 'undesirable' (you would have received this at
the border upon leaving South Africa, and a stamp in your passport),
A copy of your passport: the information page and other relevant pages, such as
pages with your South African visa(s), stickers or stamps,

If your visa has expired and your application for extension is still pending, do not leave
South Africa unless travel is absolutely necessary. Contact a reputable immigration advisor or
attorney should you have to travel.

My ban has finished - can i return to south africa?

No You can only return to South Africa once you have applied to the South African Department of Home Affairs for the ban to be lifted as it is not automatically removed from the system. You must apply for the ban to be lifted. If you do not, you will be refused entry into South Africa at the Port of Entry.
.
HAS THE COVID-19 PANDEMIC IMPACTED THIS?
During the Covid-19 pandemic, the South African government implemented a nationwide
lockdown as well as a closure of its borders. This meant that many people were unable to return to their country of origin before their visas expired.

Any person who did receive a declaration of undesirability during this period, should have that ban set aside. You should contact the email address provided above to clarify this situation and ensure that any ban that may have been noted, is removed.

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Alternatively , please contact us on :

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Fax No : 086 579 0155

www.samigration.com

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

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The Director-General of Home Affairs may withdraw an asylum seeker visa if the applicant is or becomes ineligible for asylum. Ineligibility includes the commission of a schedule 2 crime in South Africa, the re-availment of the asylum seeker to the protection of his or her country of origin or the participation in political activities in South Africa. The asylum seeker may make written representations within seven working days following the notification of the intention to withdraw. The Director-General must, after consideration of these representations, furnish the asylum seeker with a final decision regarding the withdrawal of the asylum seeker visa.

Travel Document
Recognized refugees are entitled to a South African travel document to allow to travel outside South Africa, except to their country of origin. In Anshur v Minister of Home Affairs [unreported], the North Gauteng High Court ordered the Department of Home Affairs to issue travel documents to the applicant pursuant to the Passport and Travel Documents Act, 4 of 1994. An application for a travel document must be accompanied by (1) a copy of the applicant’s certificate of recognition as a refugee, which must be valid for a period not less than 180 days at the time of submission of the application for a refugee travel document, (2) a copy of a valid identity card or document issued to the refugee, and (3) the biometrics of the refugee. An application for a refugee travel document by a person who is under the age of 16 years, must be made with the assistance of the applicant’s parents or legal guardian and must be accompanied by (1) where applicable, a copy of the birth certificate of such person, (2) a copy of the certificate of recognition of refugee status which was issued to that person, and (3) the biometrics of the refugee.

Marriage
In Ochogwu, the Supreme Court of Appeal ruled that the ineligibility of asylum seekers, whose status has not been determined, to marry, whilst lawfully residing in South Africa, was inconsistent with the law. This means they can marry .
If you find yourself in this situation let us assist you .
How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com