What is a Ministerial Waiver / Exemption and how does it work

Upon application to the Minister of Home Affairs, the Minister may under terms and conditions determined by him or her allow distinguished visitors or members of his/her family to be administered and sojourn in South Africa and or waive any prescribed (regulatory) requirements for good cause and/or grant any foreigner or category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist justifying such a decision.

Who has the power to exempt
S 31(2)(b) provides that the Minister may, upon application, grant a foreigner or a category of foreigners the right of permanent residence for a specified or unspecified period, when special circumstances exist justifying such a decision. The Minister may also exclude a foreigner or a group of ‘identified’ foreigners from such dispensation and may, for good cause, withdraw such right(s) from a foreigner or a category of foreigners. S 31(2)(c) provides that the Minister may for ‘good cause’ waive any prescribed requirement or form, in respect of any such application by a foreigner for the grant of permanent residence.

Does the Act allow for a waiver or exemption
There are a myriad of circumstances that may arise wherein an applicant may apply to the Minister of Home Affairs to grant certain concessions in terms of section 31(2)(b) or under 31(2)(c) under the Immigration Act (the “Act”) that may pertain either to the acquisition of permanent residence “when special circumstances exist” or “for good cause, waive any prescribed requirement or form”.

Who can waive and who has the power to do so
The Minister is empowered in terms of the Immigration Act to “waive” any regulatory requirement or form. A foreigner may apply for such waiver on the basis that “good cause” exists for the granting of such waiver.

So What is a “ good cause “
The term “good cause” has never been defined, either in terms of legislation or by the South African judiciary. In practical terms an applicant must demonstrate that there is compelling justification for the waiving of a regulatory requirement or form, and if the Department of Home Affairs (on behalf of the Minister) determines that a violation of a constitutional right, or an irrational consequence, will arise by a refusal to grant such waiver, waivers are normally granted.
A typical scenario necessitating a waiver under section 31(2)(c) would be where a specific requirement or form is applied to the Minister to be dispensed with.

Here are a few examples of waiver applications:
• A foreigner, sojourning in South Africa, has in the past submitted police clearance certificates from his country of residence of more than 12 months since his 18th One of those countries is Saudi Arabia. Since his last submission to the Department of Home Affairs of his Saudi Arabian police clearance certificate he has never returned to such country. He now intends to apply for permanent residence in South Africa and will, in terms of Immigration Regulation 23(2)(e) require a police clearance certificate from Saudi Arabia. Since he will not be able to acquire a new Saudi Arabian police clearance certificate without, at great expense and inconvenience, returning to that country physically to obtain one, he applies for a waiver from the aforementioned regulatory requirement in relation to a Nigerian ,USA or Saudi Arabia police clearance certificate if perhaps you have not lived there for 10 to 15 years and would have difficulty to obtain same . Such applications have been largely successful.
• A refugee sojourning in South Africa in terms of the Refugees Act wishes to apply for a critical skills work visa in terms of section 19(4) of the

Immigration Act. In terms of Ahmed and Others v Minister of Home Affairs and Another [2018], ZACC 39 an asylum seeker or refugee sojourning in South Africa must first apply for a waiver from the requirements of Immigration Regulation 9, which includes the requirement that any temporary residence visa applicant must submit his or her application in person to a foreign South African mission where such applicant ordinarily resides or holds citizenship. Once the waiver from such requirement is granted only then may the asylum seeker or refugee proceed to submit an application for a temporary residence visa application in South Africa. These waivers must ordinarily be granted otherwise a ruling by the Constitutional Court will be violated.
A regulatory waiver application made in South Africa may take anywhere between 4 – 7 months on average to be processed and adjudicated by the Department of Home Affairs. In order to apply for a waiver the applicant must be in possession of a valid refugee or immigration status.

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

Relative's Visa

A Relative's Visa may be issued by the Department to a foreigner who is a member of the immediate family of a citizen or a resident, providing that such citizen or resident provides the prescribed financial assurances.

This only applies to first level of kinship i.e: Brother, Sister, Mother, Father.

The period of validity of the Visa shall be determined by the financial assurance provided, but will not exceed a period of 24 months at a time. A relative Visa issued to a relationship shall lapse upon the dissolution of the relationship relationship and the Department may at any time satisfy itself that a good faith relationship relationship exists and or continues to exist.

Let SA Migration Intl handle your entire case from filling out the documentation to processing the application.

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ASYLUM SEEKERS PERMIT EXPIRED during LOCKDOWN – Don’t know what to do ?

Do you have a Zimbabwean ZEP Permit - Need to Change ?

Check all information directly with VFS / DHA or a registered immigration practitioner or immigration lawyer this circulating in your community , it is not factually correct , this is for ZEP holders . If you are unskilled Department of Labour will definitely not grant a waiver , get professional advice from a registered immigration practitioner

Good evening dear members. We now have Immigration Directive 12 of 2021. I would like to encourage all of you without or with professional qualifications etc who would want to apply for a General Work permit later to apply for a Waiver within the next 9 days and Department of Home Affairs have said they will process your waivers applications before 31 March 2022. If your waiver applications is successful and granted, you will be able to apply for a General Work Permit without a need to have documentations required like certificates, Saqa documentation, police clearance, newspaper adverts etc. They will only then need your employers letter, valid passport and covid vaccination certificate to apply for the General Work Permit when your waiver applications is successful.

What is a Waiver?

It is an application made in South Africa and adjudicated by the Department of Home Affairs. In order to apply for a waiver the applicant must be in possession of a valid refugee or immigration status (eg a valid ZEP Permit and not an expired one).
The minister yesterday issues Directive 12 of 2021 and on (a) he said he will need until 31 March 2022 to make outcomes for all Waivers applied for. And anyone who doesn't have a Waiver or General Work Permit Application by 1 April 2022 will be described as "undesirable" and will have to to 31 December 2022 to pack bags and kids and return to Zimbabwe without being formally charged at the border or legal port of exit to avoid being deported

Here is fake link https://www.vfsvisaonline.com/DHAFOSOnli.../gatewaypage.aspx “
Sa Migration says
“ Here is part of the scam , the link above is a real VFS visa page and when you capture the page it goes back to home page and it goes nowhere , it was taken out of context – check the real VFS pages https://www.vfsglobal.com/dha/southafrica/ “

Please contact us for the real information , following the advice will lead you to heart break
How can we help you , please email us to info@samigration.com whatsapp me on:
+27 82 373 8415, where are you now? check our website : www.samigration.com
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How can we help you?
Please email us to info@samigration.com
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Work Challenges for Accompanying relationships in South Africa Legal and Practical Issues

Use a registered Immigration Consultancy / Practitioner it is absolutely Vital .
Whoever said that immigration is a piece of cake clearly paid an arm and a leg for the slice. The immigration process is incredibly case specific to the point that if it is not handled properly, it can immediately end with a negative outcome.
Today, we discuss the reasons why you, as a person or as an organisation, should make use of an immigration consultancy for all the nitty gritty details that the immigration process has to offer.
Immigration is not going to happen overnight. In fact, there is a common misconception that in a couple of weeks, one can pack up all their stuff and head out the door to a better life.
Immigration takes months – and more often than not – years to achieve. Just the documentation collection stage alone can take a few months due to the number of documents required to even be considered for this type application. And that’s all assuming that you have the correct, up to date document list for all the necessary pieces of information requested by a foreign government.
Before one takes on the task of dusting off their old certificates and papers, one will first have to determine whether or not they are even eligible for immigration. With differences in tertiary education levels from country to country, correct working experience and language proficiency to name a few, you want to know where you stand prior to actually starting an application. Where one can spend a large amount of money in Portugal or Malta to obtain a permanent residence status, a country like Australia or Canada could have a completely different (and more accessible) process for obtaining permanent residence.
It's important to have yourself assessed before you even look at spending money, as you may very well qualify for a route that you hadn't even thought of. This is where immigration consultancies come into play. The consultancy will review your specifics (work experience, education, age, marital status, etc.) and then determine where your best options lie.
Scam artists and frauds have plagued the Immigration Industry for decades and in the modern era this has not changed so one must ensure that whoever they are talking to is a credible and confirmed source.
No matter how serious a query may or may not be regarding immigration, rather talk to a certified and legitimate consultancy. Immigration is no walk in the park, with most interest being based on goals for personal growth or for a household the last thing anyone wants is to end up with a negative outcome and waste of resources.
We have around 518 Google Reviews with a 4,7 rating meaning we have a 94 % positive rating with our satisfied clients . In addition we have 282 K or 282,000 likes and a 4,9 rating which is a 98 % positive rating in Facebook and if you search “ SA Migration Visas “ on Google and SA Migration - Visas on Facebook you will find us .
Please check us out !!
Why not rather enlist the professional services of an agency that shares the same values?
Sa Migration International ( SAMI – SA Migration ) – is a registered Immigration Practitioner recognised the Department of Home Affairs , a member of FIPSA – Forum of Immigration Practitioners , a SAQA recognised organisation and we enjoy a high level of cooperation with the Department of Trade and Industry ( DTI ) as well as the Department of Labour ( DOL )
www.samigration.com

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

Where are you now?
Check our website : www.samigration.com

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Changing lifestyle to become a digital nomad

While many employers embrace remote work, there are special considerations to make the lifestyle work. Here’s what you need to know.
For many people, it seems like a dream world: never having to go to an office while traveling the world. That’s certainly one way to be a digital nomad, but everyone has different desires for transitioning to a location-independent lifestyle. Digital nomads work hard just like anybody else, but they’ve forgone a permanent location.

There are plenty of advantages to becoming a digital nomad, but a good amount of preparation is key before you can work remotely. Here’s what you need to know:
• What is a digital nomad?
• Preparing for the location-independent life
• How to work remotely as a digital nomad
o Tips for working as a digital nomad
• Becoming an entrepreneurial digital nomad
• Picking a destination

World Nomads
Want to travel and work abroad? Before you jet off, it’s important to take out the right travel insurance to cover you along the way. World Nomads offers simple and flexible travel insurance that you can buy at home or on the road. They also offer great advice to help you travel more confidently.

What is a digital nomad?
A digital nomad integrates work into a travel-oriented lifestyle. Articles that praise the virtues of remote work usually write about people who stay in the same place. They’re thinking of distributed teams, where team members are not located in the same place but, in general, don’t move around a whole lot.
Teams with remote workers have plenty of benefits already: parents can work from home to look after the kids, or maybe someone with a lengthy commute can replace those two hours on the train with two hours of focus at home.
Digital nomads, though, take this one step further by traveling to different places year-round. Plenty of digital nomads don’t even have what they would consider a ‘home’ (except in the legal sense for their taxes), all while earning a living.

When most people think of a digital nomad, they picture the stock photo version of remote work. This is usually someone smiling while looking at their pristine laptop, sipping their cappuccino next to an idyllic beach. The reality, obviously, differs.
It’s certainly possible to be a digital nomad in a remote location. Personal Wi-Fi hotspots are now fairly affordable and offer connectivity over 3G/4G in any area within reach of a cell tower.
On the other hand, many digital nomads choose to work in cities, where an abundance of cafés and co-working spaces house remote workers every day.

Preparing for the location-independent life
Many prospective digital nomads underestimate the most important step: reducing their dependence on material things. Being a digital nomad means packing up your belongings, moving to the next city, and easily starting work again. Working remotely means true independence from a specific place.
This seems a little difficult at first when you start brainstorming all of the things you use daily. What do you do about your computer, monitor, filing system, or chair? Becoming a digital nomad is the perfect time to channel your inner Marie Kondo; thank your bulkier possessions for their service, find them a new home, and downsize everything.

There are also administrative factors that you need to organize. These include a robust expat health insurance plan or an international banking workflow that facilitates your lifestyle. Aim for plans that maximize flexibility and portability.
When it comes to health insurance, get a plan that you can change depending on where your travels take you. As for banking, find an option that allows multiple currency accounts and low international transfer fees. These ensure you aren’t bleeding cash with each transaction.
How to work remotely as a digital nomad
If you’re currently employed and think you could work remotely, run it by your employer. If your boss still thinks of remote work as a foreign concept, suggest easing into it. Encourage management to look into allowing team members to work from home a couple of days per week. That way, you wouldn’t be seen as on the receiving end of preferential treatment, and the entire team can benefit from the added flexibility.

If your employer is receptive to the idea of remote work, stress the tangible benefits that it provides. If being in the same office every day drags you down, emphasize how the quality of your work will improve if you can do it from abroad.
Becoming a digital nomad as an employee is primarily about trust that you’ll get the job done; old-school management types want assurance that they’ll see net benefits in incorporating remote work.

Tips for working as a digital nomad
Make sure you’re not carting too much around with you. Thankfully, most items either have more compact versions (e.g., a laptop and portable external monitor) or aren’t actually necessary (most countries have chairs, after all).
Trade out items whenever you acquire something new. If you buy a new shirt, get rid of an old one. Choose compact, multi-use items. Limit the amount of gadgets you bring with you; streaming services and voice-call apps turn your devices into movie theaters and conference rooms. Avoid buying anything you don’t truly need.

For many digital nomads, working at a startup is their first chance to get their work done without having to be chained to their desks all the time. Younger companies tend to have fresher ideas when it comes to how they manage their workflow. As a result, these companies probably already use the kinds of tools and applications (like Slack and Trello) that facilitate communication and project management without the need for in-person interaction.
Jobs for remote workers are a dime a dozen. Although this trend was initially common in software development, firms are increasingly capitalizing on the advantages offered by a distributed team.

Becoming an entrepreneurial digital nomad
Those of a bolder disposition might want to consider becoming an entrepreneur abroad. Countries all over the world are making it easier than ever to apply for an entrepreneur visa. Historically, entrepreneurial visas required high levels of capital investment that were difficult for younger entrepreneurs to attain. Now, countries are nearly tripping over themselves to win over attractive business opportunities from abroad.

Some countries are taking even more initiative to facilitate the world’s entrepreneurs. Estonia, in particular, has an e-residency program that helps foreigners give their digital businesses a home in the legal sense.
Setting up an e-residency (or another country’s equivalent) offers yet more flexibility, as the business owner’s physical presence isn’t necessary. If the only reason you need to travel to your business’s home country is to meet with your tax advisor. That leaves the vast majority of the year to pitch your tent wherever you prefer.

Picking a destination
How often you travel depends entirely on your work needs and your travel style. There might be some practical concerns at play. Maybe you’ll need to return to your office occasionally or go to the country where you pay taxes. As a digital nomad, you’ll stay in any given city for a few weeks or months. It all depends on the visa regulations of the country you want to enter.
Everyone’s preferences differ. Some want the tropical climates of Jeju or Bali, while others want an affordable urban experience in Tbilisi or Kyiv. As long as there’s a decent Internet connection and you can legally enter the country for a reasonable amount of time, you can go anywhere that piques your interest. Keep in mind that entering on a tourist visa usually limits you to a three-month stay.
Websites such as Nomad List have an extensive database of cities and countries, complete with data on Internet speed, visa regulations, and rental housing prices.

Finding a place to stay as a digital nomad is easier than ever before. If you’re looking at countries with a lower cost of living, you’ll probably find better value in the homes available on Airbnb. Finding a flat the old-fashioned way might be costly or just a huge headache.
In the more well-established digital nomad hotspots, you’ll find plenty of co-living spaces. While the cost of entry for co-living is high, you’ll get a chance to live in a shared, serviced accommodation with areas to work all under the same roof.
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