Here  detailed explanation of once a waiver application is made in terms of south africa immigration act is a person deemed to be legal in south africa and is the correct procedure to apply simultaneously for temporary residence visa status what the rights of residency meaning legal status or work status if only this document was applied for as this waiver application is very popular amongst Zimbabweans who are not ZEP holders . Specifically I address the point of if they only have applied for a waiver application and have the receipt from VFS are they legal in SAExplanation of Waiver Applications in South Africa and Legal Status if only a waiver is applied and not temporary residence In South Africa, the Immigration Act 13 of 2002 governs the entry, stay, and departure of foreign nationals. A waiver application is a formal request to the Department of Home Affairs (DHA) to waive certain requirements for a visa or permit. This is particularly relevant for Zimbabweans who do not qualify for standard visas or permits but have compelling reasons to remain in South Africa. Below is a detailed explanation of the legal implications of a waiver application, the correct procedure for applying for temporary residence, and the rights associated with residency and work status.1. Legal Status After Submitting a Waiver ApplicationIs a Person Deemed Legal in South Africa with a Waiver Application Receipt?•No, submitting a waiver application does not automatically grant legal status in South Africa. The receipt from VFS (the agency that handles visa and waiver applications) only confirms that the application has been submitted and is being processed. It does not confer any legal rights to reside or work in the country.During the processing period, the applicant remains in the same legal status they were in before submitting the waiver application. If they were undocumented or on an expired visa, they are still considered to be in violation of immigration laws.The waiver application is merely a request to waive certain requirements for a visa or permit. It is not a visa or permit itself.2. Correct Procedure: Applying for a Waiver and Temporary Residence VisaCan You Apply for a Temporary Residence Visa Simultaneously? No, you cannot apply for a temporary residence visa (e.g., work visa, study visa, or business visa) until the waiver application has been approved. The waiver application is a prerequisite for certain visas if the applicant does not meet the standard requirements.The correct procedure is:1.Submit a waiver application to the DHA, providing reasons why the standard visa requirements should be waived.2.Wait for the waiver to be approved. This process can take several months.3.Once the waiver is approved, apply for the relevant temporary residence visa (e.g., work visa, study visa, or critical skills visa).What Happens While Waiting for the Waiver Decision?While waiting for the waiver decision, the applicants legal status depends on their current situation:oIf they were previously on a valid visa (e.g., ZEP), they may be covered under the grace period announced by the DHA.oIf they were undocumented or on an expired visa, they remain in violation of immigration laws and are at risk of deportation.3. Rights of Residency and Work Status with Only a Waiver Application Residency Status A waiver application receipt does not grant residency rights. The applicant is not considered a legal resident until they have been granted a visa or permit.If the waiver is approved and the applicant successfully applies for a temporary residence visa, they gain legal residency for the duration of the visa.Work Status A waiver application receipt does not grant the right to work. Working without a valid work visa is illegal and can result in deportation or being declared an `undesirable person.`If the waiver is approved and the applicant obtains a work visa, they can legally work in South Africa for the duration of the visa.4. Why is the Waiver Application Popular Among Zimbabweans?The waiver application is particularly popular among Zimbabweans for the following reasons:1.Expiration of ZEP: The Zimbabwean Exemption Permit (ZEP) allowed thousands of Zimbabweans to live and work legally in South Africa. However, its discontinuation left many without a clear path to regularization.2.Lack of Documentation: Many Zimbabweans do not meet the standard requirements for visas (e.g., proof of employment, qualifications, or financial means), making the waiver application a viable option.3.Desire for Legal Status: A waiver application is seen as a way to avoid deportation and gain legal status, even if it is a temporary solution.5. Risks and Challenges of Relying Solely on a Waiver Application1.No Guarantee of Approval: There is no guarantee that the waiver will be approved. If rejected, the applicant remains undocumented and at risk of deportation.2.Lengthy Processing Times: Waiver applications can take months to process, during which the applicant has no legal status.3.Exploitation and Vulnerability: Undocumented individuals are often exploited by employers and may face difficulties accessing basic services like healthcare and education.6. Practical Advice for Zimbabweans Applying for a Waiver1.Seek Legal Advice: Immigration laws are complex, and professional guidance can help ensure that the application is correctly prepared and submitted.2.Gather Supporting Documents: Provide compelling evidence to support the waiver request, such as proof of long-term residence in South Africa, employment, or family ties.3.Monitor Application Status: Regularly check the status of the waiver application through VFS or the DHA.4.Plan for Contingencies: If the waiver is denied, explore other legal options, such as applying for asylum (if applicable) or preparing to return to Zimbabwe.ConclusionA waiver application is a critical step for Zimbabweans seeking to regularize their stay in South Africa, but it does not automatically grant legal status. The receipt from VFS only confirms that the application has been submitted and does not confer any rights to reside or work in the country. To gain legal residency and work rights, the waiver must first be approved, followed by a successful application for a temporary residence visa. During the processing period, applicants remain vulnerable to deportation and exploitation, highlighting the importance of seeking legal advice and exploring all available options.

When the Department of Home Affairs decided to replace South Africa’s aging identity book with a smart ID twelve years ago, it selected Dutch security company Gemalto to supply the card. Gemalto was a well-regarded firm that supplied SIM cards to mobile network operators, and EMV (chip and PIN) payment cards to banks and other issuers worldwide. French multinational Thales Group put in a €4.8 billion (R93.4 billion) bid for Gemalto in December 2017, and the acquisition was completed in April 2019.

In a white paper documenting the rollout of South Africa’s electronic ID (eID) as a case study, Thales states that Gemalto’s card technology was selected because of the company’s track record. “Thales was chosen to provide its Gemalto eID cards, based on its secure embedded software technology, contactless expertise and ability to deliver durable polycarbonate eID documents within an ambitious schedule,” it said. Another factor was that Gemalto had a long-established presence in Johannesburg.

It explained that the card has several advanced features, including securely storing the individual’s photo and biometric data. Gemalto’s BioPIN “Match on Card” feature allows fingerprints to be checked locally using the microprocessor of the eID card. “It ensures the citizen’s information never leaves the card and does not require any connection to a central database,” said Thales. Interestingly, Thales noted that in addition to reducing identity theft and fraud, the eID would eliminate the need to carry multiple ID documents.

This suggests that the initial plan was to eventually discontinue South Africa’s separate driving licence card, or at least allow motorists to present their eID during a traffic stop. Unfortunately, this feature of the smart ID card is not being used. Instead, the Department of Transport wants to continue supplying its own card. It has selected another French company, Idemia, to roll out a new and more secure driving licence card. However, the tender award is currently under investigation following allegations that there were irregularities in the department’s process.

South Africa’s old green ID book
Thales also said that more than R348 million was allocated for technology modernization as part of the eID rollout in 2013 and that the Government Printing Works expected to deliver around 3 million smart ID cards per year.

This also did not happen.

When former home affairs minister Naledi Pandor first launched South Africa’s smart ID card project in 2013, the plan was to phase out the ID book and declare it invalid by 2021.

In a June 2013 notice published in the Government Gazette, Pandor said she would set a date by 2016 for fully phasing out old ID documents. Her exact wording was “at least within three years from the effective date of this notice, or soon thereafter”. Pandor’s original notice also stipulated that the smart ID rollout would follow a phased approach, starting with the elderly and first-time applicants who have just turned 16.

The plan was then to invite people to apply in stages according to their dates of birth. However, the smart ID system was only opened to the broader public in 2016. By then, former president Jacob Zuma had moved Pandor to the Science and Technology portfolio. Malusi Gigaba took over as Minister of Home Affairs in May 2014, where he served until March 2017. By March 2015, fewer than two million smart ID cards had been issued. Former Department of Home Affairs director-general Mkuseli Apleni heralded this as a success.

“We are really moving, considering this process only started in 2013,” Apleni said.

However, for Home Affairs to replace the 38 million ID books it said were in circulation in 2013, it would’ve had to produce 4.75 million smart ID cards per year over eight years. It has fallen far short of this number, with Home Affairs reporting that it had produced 2,613,248 smart ID cards in the 2022/23 financial year, and 2,822,236 in the 2023/24 financial year. Home Affairs plans to produce a further 2.5 million cards in 2024/25.

Njabulo Nzuza, Deputy Minister of Home Affairs
Nzuza said during his budget vote speech this year that roughly 26 million South Africans hold smart ID cards. He reiterated that the plan was to phase out green ID books when the number of smart ID cards reached 38 million. Even ignoring that this doesn’t account for the new green ID books issued over the past 11 years, it would take another four years at 3 million smart IDs per year to get to this number. Pandor’s 2013 notice also declared that all South African citizens and permanent residents would be required to apply for new identity cards from 18 July 2013.

However, permanent residents have never been able to apply for smart ID cards — a major problem that must be resolved before the old green ID books can be declared invalid. Naturalised citizens faced a similar problem, although they may now seek an invitation to apply from the Home Affairs director-general. Current home affairs minister Leon Schreiber has said that permanent residents would be allowed to apply for smart ID cards once his department has proven the system’s stability and capability to verify such applications. At the beginning of 2025, Schreiber said his department would work flat-out this year to ensure that all South Africans can obtain smart IDs.

At present, there are approximately 30 bank branches across the country, from which South Africans can receive a new passport or smart ID while avoiding a visit to their relevant Home Affairs branch, reports Cape {town} Etc. The collaboration with specific branches stems from systemic issues with Home Affairs such as long queues, unreliable systems and poor customer service.

According to BusinessTech, the eHome Affairs pilot was launched by the Department of Home Affairs in 2015 and the system allows for banks to provide an alternative channel for accessing the department. Reportedly, the department’s employees use the system to render the service, which allows banking customers to book appointments on the digital platform and apply for both smart IDs and passports online. The system may be utilised once customers have provided their biometric information, such as a photograph and relevant fingerprints, to their bank branch. These details as well as other personal information which is provided online, allow customers to access the online service.

Once the new identity documents are available, customers are alerted and may accordingly pick up the documents at their bank branch. The Department of Home Affairs has outlined a list of bank branches, where these services are available.

The list includes 30 bank branches, namely:

1. Standard Bank Canal Walk
2. Standard Bank Centurion
3. Standard Bank Jubilee Mall
4. Standard Bank Kathu Mall
5. Standard Bank Killarney Mall
6. Standard Bank Kingsmead
7. Standard Bank Mitchell’s Plain Promenade
8. Standard Bank Newton Park
9. Standard Bank Simmonds Street
10. FNB Burgersfort
11. FNB Centurion Lifestyle Centre
12. FNB Cornubia
13. FNB Glen Shopping Centre
14. FNB Greenpoint
15. FNB Lynwood
16. FNB Merchant Place
17. Nedbank Arcadia
18. Nedbank Constantia Kloof
19. Nedbank Durban North
20. Nedbank Nelspruit
21. Nedbank Rivonia
22. Nedbank St George’s Mall
23. Absa Centurion Lifestyle Centre
24. Absa Key West Krugersdorp
25. Absa Port Elizabeth
26. Absa Sandton City
27. Absa Stellenbosch
28. Absa Towers
29. Discovery Bank Head Office
30. Investec Bank Sandown

It has been alleged that the department intends to expand this project and incorporate many more bank branches into the system.

The department further intends to make this service available in all provinces of the country, as this is currently not the case, with the service not being available in the Free State or the North West.

South African motorists have a much shorter list of online car licence disc renewal services to use at the start of 2025 than they did a year ago. Numerous new online licence disc renewal services were launched over the past few years, making it easier for South Africans to renew their licence discs without having to visit a licensing centre. When MyBroadband compared the prices of vehicle licence disc renewal services early last year, we found at least 10 major providers which listed their fees online.

However, since that comparison, three of these services have stopped operating. The first to get shelved was Pick n Pay’s service, which was facilitated by Claim Expert. Following one of MyBroadband’s articles on licence disc renewal services in March 2024, the retailer confirmed it had been shut down. A cached version of the service’s web portal showed it was already offline by November 2023, less than two years after its launch. The service was the most expensive throughout its brief period of availability and suffered significant delivery delays at one point. It initially cost R445 in service and delivery fees during a pilot phase. A week after rollout, Pick n Pay reduced the fees to R350. The price was later cut by a further R20.

However, it remained about twice as expensive as the most affordable options. At the end of June 2024, one of the most affordable and best-known providers — PayCity — also discontinued its licence disc renewals. Another of the cheapest options — the South African Post Office’s SapoMVL service — was also quietly shut down sometime between 14 and 28 November 2024. Strangely, the Post Office told MyBroadband the service was only a proof of concept that was not fully implemented.

That was despite the service previously being described as a “first step” in making the “Sapo in my Pocket” strategy a reality. We tested the service on multiple occasions and were surprised at its quick turnaround, despite Sapo’s infamous reputation for delayed deliveries. While the options for an online licence disc renewal service have certainly declined, many of the remaining services are very affordable.

Online licence disc renewal and home delivery cost between R99 and R330 in January 2024, compared with R141 to R240 in January 2025.

FNB maintains cheapest offering 

MyBroadband compared the major online licence disc renewal services available in January 2025 to see which was the most affordable. The cheapest option in January 2025 is offered by FNB through its mobile banking app. It has been available since mid-2017 but has only expanded to all provinces in more recent years. Aside from the licencing fee based on the vehicle’s weight, the bank charges R69 for delivery, the lowest of any provider.

The regular R72 Road Traffic Management Corporation (RTMC) admin or service fee applicable to all renewals — regardless of platform — takes the total cost to R141. The R69 fee is part of a limited-time promotion which has been extended repeatedly. FNB normally charges R99 for delivery, meaning the total typical cost for the service is R171.

According to the latest information on the FNB app, it will remain valid until at least 28 February 2025. However, users must be FNB customers to make use of the facility. The second most affordable online disc renewal facility is government’s own Natis Online service, which was launched in early 2022 and is available to all vehicle owners who create a profile on the website. This option costs R171 with the RTMC and delivery fee included, the same as FNB’s normal renewal price. Shoprite’s Money Market renewal service was the third most affordable at R185. Two other options were Capitec, which charges R219 and Renewonline which charges between R220 and R240.

Disky is another service that offers online renewals that we previously listed in our comparison. While it is still available, Disky has stopped publishing its fees online, so it was excluded from our comparison. Nedbank also offers a vehicle licence disc renewal service on its Nedbank Money app, for which no fees were published online.

Below are six major services offering online licence disc renewals in January 2025.

Channel	Availability	Service/Admin Fee	Delivery Fee	Total
FNB Mobile App	FNB customers only	R72.00	R69.00 (until February 2025)	R141.00 (until February 2025) Normally R171.00
Natis Online	All vehicle owners	R72.00	R99.00	R171.00
Shoprite Money Market	All vehicle owners	R110.25	R74.75	R185.00
Capitec Mobile App	Capitec customers only	R122.00	R99.00	R219.00
Renewonline	All vehicle owners	Gauteng: R100.00 Other provinces: R120.00	Gauteng: R120.00 Other provinces: R120.00	Gauteng: R220.00 Other provinces: R240.00

Okay, I need to explain what Regulation 11(4)(a) and Section 11(1)(b)(iv) of South Africa's Immigration Act mean, specifically in the context of a digital nomad working for a foreign employer or earning foreign income remotely.

First, I'll start by understanding the general requirements for a digital nomad visa in South Africa. I should look into the specific sections mentioned to grasp the legal framework.

Regulation 11(4)(a) probably outlines the eligibility criteria for this type of visa. I should check what activities are permitted and what conditions applicants must meet.

Section 11(1)(b)(iv) likely details the activities that fall under this visa category, such as remote work for a foreign employer or generating foreign income.

I need to explain what a digital nomad is and why South Africa has a specific visa for them. Mentioning the benefits for both the digital nomads and the country would be important.
Next, I'll outline the eligibility requirements. This should include things like having a valid passport, proof of foreign employment, financial means, and health insurance.
Then, I'll describe the application process step by step: gathering necessary documents, submitting the application, paying fees, and attending an interview if required.

It's also crucial to highlight the prohibited activities to avoid any misunderstandings. For example, they shouldn't engage in local employment without proper permits.
Staying compliant is key, so I'll mention the importance of renewing the visa on time and adhering to the terms and conditions.
Finally, I'll discuss the benefits of this visa, like the ease of living and working in South Africa, access to its infrastructure, and the cultural experiences available.

I should wrap it up by emphasizing that applicants should consult the latest official sources or immigration lawyers to ensure they have the most current information

Detailed response
The question you're asking pertains to a specific type of visa or permit under the Immigration Act of South Africa, particularly Regulation 11(4)(a) and Section 11(1)(b)(iv), which relates to digital nomads who work for a foreign employer or derive foreign-source income on a remote basis. 

Below is a detailed explanation of this type of visa, including the requirements, regulations, and the activities it contemplates.

1. Understanding the Legal Framework
The Immigration Act of South Africa, Act No. 13 of 2002, governs the entry, stay, and activities of foreign nationals in South Africa. The act is complemented by the Immigration Regulations, which provide detailed provisions for various types of visas and permits.
•    Section 11(1)(b)(iv): This section of the Immigration Act refers to the specific activities that are permitted under the visa or permit category in question. In this case, it pertains to "an activity contemplated in section 11(1)(b)(iv)", which likely refers to a specific type of work or activity that is permissible under the immigration regulations.
•    Regulation 11(4)(a): This regulation provides the specific requirements and conditions for the issuance of a visa or permit for the activity mentioned in section 11(1)(b)(iv). In the context of a digital nomad, this would outline the conditions under which a foreign national can enter and stay in South Africa to work remotely for a foreign employer or derive foreign-source income.

2. Digital Nomad Visa in South Africa
South Africa has introduced a Digital Nomad Visa, which is designed to attract remote workers who can contribute to the country's economy while enjoying the lifestyle and opportunities it offers. The visa allows foreign nationals to live and work in South Africa while being employed by a foreign company or deriving income from abroad.

Eligibility Requirements:
To be eligible for the Digital Nomad Visa under Regulation 11(4)(a) and Section 11(1)(b)(iv), the applicant must meet the following criteria:
1.    Nationality: The applicant must be a foreign national not from a country that is exempt from visa requirements for short stays.
2.    Employment Status:
o    The applicant must be employed by a foreign company or organization.
o    The employment must be based outside of South Africa (i.e., the employer is not a South African entity).
o    The work must be conducted remotely, and the income must be derived from sources outside South Africa.
3.    Income Requirements:
o    The applicant must demonstrate a minimum monthly income, which is typically set to ensure that the individual can support themselves without resorting to employment in South Africa.

To qualify for the Digital Nomad Visa, applicants must meet several criteria: Income Requirement: Applicants must demonstrate a minimum annual income of ZAR 650,976 (approximately $37,500 USD) to ensure financial self-sufficiency while residing in South Africa
Employment Verification: Proof of employment or contracts indicating remote work for a foreign employer is required. This could include freelance contracts or employment letters
4.    Health Insurance:
o    The applicant must have comprehensive health insurance that covers them for the duration of their stay in South Africa.
5.    Accommodation:
o    The applicant must have proof of accommodation in South Africa or the means to secure accommodation upon arrival.
6.    No Intent to Work Locally:
o    The applicant must not intend to seek employment in South Africa or engage in any business activities that require a separate work permit.
7.    Good Moral Character:
o    The applicant must not have a criminal record and must not pose a security risk to South Africa.
8.    Valid Passport:
o    The applicant must hold a valid passport with at least six months' validity remaining.

3. Application Process
The application process for the Digital Nomad Visa typically involves the following steps:
1.    Application
2.    Submission of Required Documents:
o    A valid passport.
o    Proof of employment with a foreign company (e.g., a letter from the employer, contract, payslips, etc.).
o    Proof of income (e.g., bank statements, payslips, tax returns, etc.).
o    Proof of accommodation in South Africa.
o    A completed and signed application form.
o    Payment of visa fee.
3.    Biometric Data Collection
4.    Processing and Approval:
o    The application is processed by the Department of Home Affairs, which may take several weeks to months, depending on the volume of applications and the complexity of the case.
o    If approved, the visa will be issued, and the applicant can then travel to South Africa.

4. Prohibited Activities
While holding a Digital Nomad Visa, the visa holder is prohibited from engaging in any activities that are not permitted under the terms of the visa. This includes:
•    Seeking employment in South Africa.
•    Engaging in business activities that require a business permit or work permit.
•    Working for a South African-based company or entity.
•    Engaging in any activity that is not specifically allowed under the visa category.

5. Stay and Renewal
Duration and Tax Implications
The Digital Nomad Visa is valid for up to three years and is renewable. However, holders must adhere to specific tax regulations:
•    If the visa holder conducts work for more than six months within any 36-month period, they are required to register with the South African Revenue Service (SARS) and pay taxes on their income earned while in South Africa.
•    If the stay does not exceed six months within this timeframe, applicants may be exempt from tax registration

6. Compliance and Reporting
•    Compliance: The visa holder must comply with all the conditions of the visa, including maintaining their employment status and income levels.
•    Reporting: There may be requirements to report changes in employment or income to the Department of Home Affairs.

7. Benefits of the Digital Nomad Visa
•    Residence in South Africa: The visa allows the holder to live in South Africa for an extended period, enjoying the country's lifestyle, culture, and natural beauty.
•    Remote Work Flexibility: The visa provides the flexibility to work remotely for a foreign employer while being based in South Africa.
•    Ease of Travel: The visa may also offer ease of travel within the Southern African Development Community (SADC) region, subject to applicable regulations.

8. Conclusion
The Digital Nomad Visa under Regulation 11(4)(a) and Section 11(1)(b)(iv) of the Immigration Act of South Africa is a specialized visa category designed for foreign nationals who wish to work remotely for a foreign employer or derive foreign-source income while residing in South Africa. The visa offers a structured and legal framework for digital nomads to live and work in the country, provided they meet the specified eligibility requirements and comply with the conditions of the visa.
It's important to note that immigration laws and regulations can change, so it's advisable to consult the latest information from the Department of Home Affairs or a qualified immigration attorney before applying for this visa.