Temporary Residence Visa (TRV)

SA Migration | 16 Jan 2023

While processing times for visas under this category vary, they typically take up to 60 business days from the date of submission. However, it can take up to 10 days to process the Visitor’s Visa and Holiday Visa.

When applying for a Temporary Residence Visa, you must meet the following criteria:

• Hold a valid passport with at least two blank pages, which only expires a month after your intended departure date from South Africa

• Ensure your temporary residence permit remains valid

• Submit the online application and required documentation at any VFS.Global visa facilitation center or at the South African embassy in your country of residence or citizenship

• Provide a yellow fever vaccination certificate (when applicable)

The following supporting documents are not required for the Visitor’s Visa but all other Temporary Residence Visas:

• Radiological and medical reports

• Biometrics

• Criminal clearance certificates (not older than six months)

• A completed BI-1738 form (not applicable for a Visitor’s Visa)

Discover the 10 most beautiful places to visit in South Africa

You can follow this simple step-by-step guide on how to apply for this visa. Notably, it is possible to transfer or rectify a Temporary Resident Visa in the case of damaged, lost, or stolen passports, but only if the passport is still valid.  

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Non-immigrant South African visas (short-term)

Visitor’s Visa (Holiday/Tourist Visa)

Tourists wanting to visit South Africa can apply for a Visitor’s Visa, which allows them to enter the country for a maximum of 90 days.

Currently, 52 nationalities can enter South Africa visa-free for up to 90 days, and another 28 nationalities are exempt from visas when visiting for a maximum of 30 days. You can find the full list of visa-exempt countries here. Processing times typically range between five and 10 days, but applicants are advised to apply well in advance in order to avoid delays. The costs include an application fee of R425 and a service fee of R1350. 

While they are in South Africa, tourists can extend their Visitor’s Visa at a visa facilitation center or through a registered immigration practitioner 60 days before the visa expiration date. Just be aware that renewal is not automatic and may not be the same duration as the original visa. Because most visitor visas are only granted for single entries, you will need to lodge a new application to enter again, once you have left the country. You will also need to leave the country and apply from your country of residence if you want to switch to another type of visa.

Other types of long-term visitor visas

Under the Immigration Act, there are 12 additional long-term visitor visas on offer for purposes other than tourism. These are as follows:

• Academic sabbaticals

• Voluntary or charitable activities

• Research (includes visiting professors and lecturers)

• Accompanying spouses and children of temporary residence visa holders

• Teachers at international schools

• Film and television crews and actors

• Foreign journalists working for a foreign news agencies

• Artists who wish to write, paint or produce sculptures

• Foreign entertainers on tour

• Tour hosts and leaders

• Foreigner (state) witnesses testifying in criminal court cases

If you wish to apply for one of these visas, you will need to present the following documents:

• A valid passport with at least two blank pages; expiring no less than a month after your intended departure 

• A return air ticket

• Proof of sufficient funds for the duration of your stay

• Proof of host address or hotel reservations 

The new South African Electronic Visa (i.e., holiday or visitor’s visa) has been trialed with visitors from Kenya and India and is expected to be launched and available to nationals of 14 countries in 2022.

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Who needs a South African visa?

SA Migration | 16 Jan 2023

Anyone traveling to South Africa will need a visa to enter the country; be it for a holiday, visiting family, joining a partner, living, working, or studying. However, some countries are exempt from this rule.

When traveling with a child under 18, you should always check the current South African visa requirements and child policy as these sometimes change. From 8 November 2019, for instance, foreign children traveling with their parents no longer need to present parental consent letters or birth certificates. Nonetheless, it can’t hurt to keep a parental consent letter and birth certificate handy just in case.

Essentially, an applicant’s nationality and reason for entering South Africa determine the type of visa they require. Applicants must also petition in person and supply supporting documents, such as medical and biometric data, a passport valid for at least one month after leaving South Africa, and financial records.

If you reside outside of South Africa, you will need to book an appointment at the embassy or consulate in your country of citizenship or residence. However, if you are already in South Africa and want to apply for a different visa or extension, you must book an appointment at one of the visa facilitation centers which are managed by VFS.Global. It is also critical to stay updated with the latest travel restrictions to South Africa concerning the current global COVID-19 pandemic.

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Types of South African visas

Visas for South Africa are categorized under two main branches: Temporary Residence Visa (TRV) and Permanent Resident Permit (PRP).  

The type of visa you require, as well as the documents, costs, and processing time, will depend on your reason for entering South Africa, your nationality, and at which consulate or embassy you apply. And because processing times can vary between consulates and may often take longer than expected, it is advisable to apply for your visa well in advance.

The Temporary Residence Visa (TRV) is broken down into several categories based on different reasons for entering South Africa. These are as follows:  

• Visitor’s Visa: for tourism purposes of no longer than 30 or 90 days

• Business Visa: allows a person to enter the country for up to 90 days to work or invest in the economy

• Study Visa: allows a person to study on a primary, secondary, or tertiary level for the duration of the course

• Exchange Visa: for applicants who are 25 years old or younger wanting to participate in cultural, social, or economic exchange initiatives

• General Work Visa: allows entry to a person with specific, in-demand skills for the duration of their work contract

• Relative Visa: immediate family members of South African citizens or residents can apply to stay in South Africa for a maximum period of two years at a time

• Medical Visa: allows a stay of six months for medical treatment

• Retired Person’s Visa: pensioners with the financial means can apply to retire in South Africa

You can find a more detailed explanation of the numerous types of visas and permits for South Africa further down this guide.

www.samigration.com

Want to visit, live, work, or study in the rainbow nation? 

SA Migration | 16 Jan 2023

We explain how to apply for the correct visa for South Africa based on your situation.

South Africa is a beautiful and culturally diverse country that offers unique experiences and exciting opportunities for all. However, many tourists and migrants wanting to cross her rugged shores must first apply for a South African visa if they are planning to visit, live, work, or study in the country; or perhaps join a relative or partner there. Furthermore, your nationality and reasons for coming to South Africa will dictate what type of visa you need.

Luckily, this guide is here to explain the conditions of each type of visa for South Africa to help you choose the correct permit. But before we delve into that, it’s important to know that this information serves only as a guideline. Ideally, you should seek specific advice from the Department of Home Affairs (DHA) or its official immigration partner, VFS.Global, which manages all visa applications and visa facilitation centers of the DHA. Just note that only the DHA can issue visas and permits for South Africa and VFS.Global do not influence the outcome of the application.

The guide includes the following information on permits and visas for South Africa:

• Immigration in South Africa

• Who needs a South African visa?

• Types of South African visas

• Temporary Residence Visa (TRV)

• Non-immigrant South African visas (short-term)

o Visitor’s Visa (Holiday/Tourist Visa)

o Other types of long-term visitor visas

o Business Visa

• Non-immigrant South African visas (long-term)

o Study Visa

o Exchange Visa

o Work Visas

o Relative Visa

o Medical Visa

o Retired Person’s Visa

• Asylum seekers and refugees in South Africa

o The process for seeking asylum or refugee status in South Africa

o Requirements for applying for a Permanent Resident Permit (PRP)

• Permanent Residence Permit (PRP)

• Citizenship in South Africa

• Arriving in South Africa

• Appeals and complaints

• Useful resources

SA Migration

Thinking about relocating to South Africa? Make sure you start your South African adventure on the right foot by checking out your options on SA Migration. Compare quotes from some of the world's biggest relocation specialists and find the right option for you and your family. Start your new life right with SA Migration.

Immigration in South Africa

South Africa is the most industrialized economy in the region with a culturally diverse population of over 60 million people and 11 official languages. According to a survey conducted by HSBC in 2019, 62% of expats who moved to South Africa saw an improvement in their quality of life compared to their home countries. Furthermore, 55% planned to reside in South Africa for more than 20 years. 

The county’s attractive climate, thriving outdoor lifestyle, and general quality of life were among the reasons for wanting to remain there longer. In 2020, South Africa also ranked as the 38th most appealing country for expats in HSBC’s Expat Explorer Survey, based on living, aspiration, and mindset criteria.

Read our Guide on the cost of living in South Africa

However, as a society, South Africa does have its problems. Indeed, general safety, security, and racial tensions remain the biggest concerns among expats living or considering moving to the country. You can gain a better understanding of South Africa by reading our guides on where to live, the society and history, and the cost of living in the country. Furthermore, these may help you make a more informed decision about whether to move there.

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Section 10 of Births and Deaths Registration Act 'impairs dignity of unmarried fathers' - ConCourt 

Groundup | 16 January 2023

Section 10 of Births and Deaths Registration Act has been declared unconstitutional. 

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• The Constitutional Court has declared a section of the Births and Deaths Registration Act unconstitutional.

• The section does not allow an unmarried father to register his child's birth under his surname, unless the mother gives consent or is present.

• A ConCourt judge says there is no justification for differentiating between married and unmarried fathers.

The Constitutional Court has declared section 10 of the Births and Deaths Registration Act - which does not allow an unmarried father to register his child's birth under his surname, unless the mother is present or gives consent - unconstitutional. 

In a judgment by Justice Margaret Victor on Wednesday, which was read out by Justice Steven Majiedt, the court found there was no justification for differentiating between married and unmarried fathers.

"Section 10 of the act impairs the dignity of unmarried fathers, whose bonds with their children are deemed less worthy than the children of married parents," Majiedt said. 

The apex court confirmed a 2020 ruling by the Eastern Cape High Court, which found the act invalid and inconsistent. 

Father Menzile Lawrence Naki approached the court after the Department of Home Affairs refused to register his child under his surname because the mother was an undocumented Democratic Republic of Congo national.

Consent

The department would also not allow him to register the birth, without the mother's consent.

Chief Justice Mogoeng Mogoeng was one of two dissenting justices. He acknowledged that the act discriminated against unmarried fathers, but held the discrimination was reasonable, justifiable and fair. 

"The chief justice holds that children are vulnerable and their best interests are of paramount importance in issues that concern them have to be addressed. 

"The chief justice further reasons that they must be protected and not exposed to the risks of being easily claimed and adopted by people, whose relationship with them or subsequently to be in their lives, has been established," said Majiedt.

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Couple wins legal battle to have rule in Births and Deaths Registration Act declared unconstitutional 

News24 | 16 January 2023

A couple has won a court battle to have a regulation in the Birth and Deaths Registrations Act declared unconstitutional and invalid. 

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• A South African woman and her Bulgarian partner have won an application to have a regulation in the Birth and Deaths Registrations Act declared unconstitutional.

• Judge Mbulelo Jolwana in the Eastern Cape High Court found that it imposed discriminatory conditions for fathers who are unmarried and may be undocumented foreigners.

• The home affairs minister and department were ordered to pay the costs of the application.

A couple has won a court battle to have a regulation in the Birth and Deaths Registrations Act declared unconstitutional and invalid, after their son was not allowed to have his father's name on his birth certificate because his father was in South Africa illegally.

In the Eastern Cape High Court in Gqeberha, Judge Mbulelo Jolwana came to the "ineluctable conclusion" that Regulation 12(2)(c) imposes discriminatory conditions in the recordal of fathers who are unmarried and who may be illegal foreigners in the children's registration of birth.

The parents, Ms U and Mr V, sought legal recourse after their attempt to register Mr V as the baby's father at the Department of Home Affairs.

Officials refused to make the entries in their records and issue an unabridged birth certificate for their infant because Mr V, a Bulgarian national, was in the country on an expired visa and, therefore, illegally.

According to court papers, they are not married but live as husband and wife.

A paternity test was required to prove fatherhood because he was not a South African citizen, and the couple was told that a court order declaring Mr V as the father, in addition to proof of paternity, would be required. 

Section 11 of the Births and Deaths Registration Act 51 of 1992 provides for the amendment of the birth registration details if the father wishes to acknowledge himself as the father of a child born out of wedlock, subject to the submission of a conclusive proof of paternity.

The Minister of Home Affairs and the head of the provincial department's office initially opposed the application, citing that the father was in the country illegally.

During the court proceedings, however, they made an about-turn and conceded to the relief sought without an explanation.

The applicants' legal team, however, persisted with a constitutional challenge, referring to the "considerable distress" the regulation had caused them and "continues to bedevil those children born in similar circumstances".

"The respondents cannot plead ignorance about which regulation or subregulation is applicable and in which circumstances. The regulations are theirs and theirs alone, and the [minister's] predecessor must be presumed to have known what he intended when he issued them and the [minister], likewise, when he enforced them," Jolwana said in his judgement.

The department must be assumed to have consistent rules and policies and deal with people in similar circumstances as the couple, making the inquiry into constitutionality a matter of public importance, he added.

"Besides the issue of the rights of the affected minor children, even the parents of the children, must be attended to both professionally and competently by government officials, and mixed signals are totally unhelpful and utterly confusing. Their own rights to dignity and to an efficient public service are implicated and are not without significance."

The contested Regulation 12(2)(c) reads: "The person who acknowledges that he is the father of the child born out of wedlock must… have his fingerprints verified online against the national population register. Provided that in the event of the father being a non-South African citizen, he must submit a certified copy of his valid passport and visa or permit, permanent resident's, identity document or refugee identity document."

The couple contended that their child was prejudiced and discriminated against irrationally by the regulation because of the circumstances of his birth.

Jolwana agreed.

"There cannot be any cogent justification for such discrimination, and none was advanced. This is hardly surprising. If there was a proper basis for the discrimination on the basis of the illegality of this child's father's presence in this country, it escapes me why the [minister and department] have agreed to the amendment of the child's registration records. 

"After all, the father is still illegally in the country," he said.

"It baffles me how the respondents, especially the minister, can consent to this child's father's details being entered into the birth registration records of this child and still argue that Regulation 12(2)(c) is valid and should remain extant.

"This would have the inevitable consequence of its continued enforcement by hapless officials of the department, a situation of total chaos, confusion and inconsistent application of the regulation. 

"This surely should not be countenanced."

Jolwana found the regulation to indeed be "clearly unconstitutional and irrational".

"On the respondents' submissions, the event of the expiry of a visa must determine if the child who is born should be allowed to have a birth certificate with full details of his or her father. This defies all sense of logic," he said.

"In this case, the father was not able to renew his visa for reasons that obviously had nothing to do with the child. As a result, his continued stay in this country became illegal. 

"None of that has anything to do with the child and his right to have the identity of his father officially recognised, not for the father but most importantly, for the child."

According to Jolwana, the irrationality of the regulation becomes more pronounced if regard is had to the fact that recognising, protecting, respecting and fulfilling the rights of the affected children does not in any way curtail the minister and department's ability to deal with the fact of the illegality of the presence of their fathers in South Africa.

"For instance, the respondents are entitled to deport [Mr V] in the normal course or deal with him in any way they decide within the framework of the law as they should with any other illegal foreigner. 

"Therefore, the entry of his details in the child's birth certificate does not limit any of that. In fact, it only prejudices the child and does so unjustifiably and irrationally, without serving any useful purpose."

The minister and department were ordered to pay the costs of the application.

www.samigration.com