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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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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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 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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How can we help you?
Please email us to info@samigration.com
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General Work Visa

Under the General Work Visa there are very strict requirements. The South African government, although trying to promote work and trade in South Africa, recognize the need to give South Africans the chance to obtain employment ahead of any foreigner.

You will have to prove that you are the only person who can fill that position and that no other South African can play that role. This is done by placing an advert in a national newspaper advertising the position.

A Department of Labour report would need to be obtained.

You will also need to have a job offer/contract from your future employer.

The most important part of the process is skills assessment by SAQA (South African Qualifications Authority) in SA which evaluates your formal qualifications and compares them to a SA qualification. This process is mandatory and for this we would need your academic transcripts and award diplomas. Note under the regulations provision is made for the recognition of work experience in the absence of formal qualifications and this therefore makes provision recognition of prior work experience (RPL).

This is a paper based system which merely compares the foreign qualifications and arrives at an equivalent qualification in SA, and if qualified in SA then no SAQA needed.

Next your employer has to prove that you are the only person that can fill the position and no other South African can fill that role. This is done by placing an advert in a national newspaper advertising the position.

Please note the work Visa is issued in the name of the employer so the person is tied to the employer. If they change the job they will require a new work Visa.

There is some good news for people who are qualified through work experience only and they can qualify if they don’t require formal qualifications, ie SAQA.

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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 short answer
You can apply for a Section 26 (B) Life Partner Permit, which is a permanent resident permit that caters for people who are in a long term relationship, but who have not married, as in your case.

The whole question
I am a permanent resident. I have also applied for permanent residence permits for our three children.

My wife of 15 has a ZEP (Zimbabwean Exemption Permit). We are not legally married but we have a registered Life Partnership Agreement. Lobola has been paid but no white wedding. Can I still apply for a relative visa for her?

The long answer
Thank you for your email asking whether you can apply for a relative visa for your wife of 15 years.
You can apply for a Section 26 (B) Life Partner Permit, which is a permanent resident permit that caters for people who are in a long term relationship, but who have not married, as in your case.

Life partners who want to apply for temporary residence based on a life partner visa will need to prove that they have been together for two years before applying for the permit, and prove shared finances for each of those years. Those applying for permanent residency will need to prove that they have been together for five years and prove shared finances for each of those years. This would involve shared bills, bank statements, assets and debts
You will need to prove emotional support as well and both of you will be interviewed separately at the same time to satisfy Home Affairs that the relationship is genuine. Home Affairs specifies that “such relationship must be intended to be permanent, exclude any other person and involve cohabitation, an obligation of mutual emotional support between the parties and a reciprocal obligation to support one another financially …”

You will also need to provide a Life Partnership Agreement which has been registered with the Deeds Office, and a spousal affidavit (Part A on form 12) confirming that your relationship is ongoing. If the visa is issued, a spousal affidavit (Part B on form 12) must be submitted to Home Affairs within two years to confirm that your relationship is still ongoing.

You will need to submit proof of your permanent residence permit, and identity document and a letter of support from you as the permanent resident. Your partner’s ZEP permit, her police clearance certificate, plus her passport, medical and radiological reports will all need to be submitted. You will also need to submit proof of your shared address plus proof of payment for the application to VFS Global and Home Affairs.

As stated above, if your partner is granted permanent residency, she will have to confirm to Home Affairs in the last six months of the second year that she is still in a permanent relationship with you.