South African Permanent Residence

South African Permanent Residence

South Africa encourages permanent residency if you are serious about staying in South Africa on a long terms permanent basis there are many categories you can apply under.

  • Hold a General Work Visa for five years and have a permanent job offer.
  • Hold a Relative’s Visa sponsored by an immediate family member.
  • Hold a Critical Skills Visa and have 5 years relevant work experience.
  • Be in a proven life partner relationship for five years
  • Be married to an SA Spouse for at least five years.
  • Have held Refugee Asylum Status for five years.
  • Hold a Business Visa.
  • Receive a monthly income of R37,000 through Pension or Retirement Annuity
  • Have a net asset worth of R12m and payment to Home Affairs of R120,000

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Three month imprisonment for breach of SA’s Immigration Act

Three month imprisonment for breach of SA’s Immigration Act

Cape Times – 05 June 2022

Cape Town - Seventeen Lesotho nationals have been sentenced to three months imprisonment in the Molteno Magistrate’s Court in the Eastern Cape after facing charges relating to contraventions of the Immigration Act.

The nationals, aged between 21 and 48 years, were sentenced on Friday, said Hawks spokesperson Yolisa Mgolodela.

“In April 2021, a suspicious looking Quantum vehicle was spotted and chased by police. Inside the Quantum were Lesotho foreign nationals who could not explain the purpose of the journey. Permits were requested to no avail. All of them were apprehended. Investigations led the police to a house in Sterkstroom where more of the accused were hosted to make up the 17.

“The case dragged due to their lack of co-operation. At times they would even refuse to comply with their legal representative’s instruction and repeatedly changed attorneys. After a series of court appearances all pleaded guilty on May 19, 2022,” said Mgolodela.

Mgolodela said they would be imprisoned for three months.

“On imposing judgment the presiding officer reiterated the fact that unregistered foreign nationals contribute to the high rate of crime which mostly involves the destruction of essential infrastructure where billions of rand are spent to repair the gross vandalism of such.

“The provincial head Major-General Mboiki Obed Ngwenya commended the Queenstown Serious Organised Crime Unit of the Hawks for the job well done though a harsher sentence would have been preferred to deter such criminal conducts,” said Mgolodela.

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Inter Company Transfer Visa – 2 year extensions for expired visas as well

Inter Company Transfer Visa – 2 year extensions for expired visas as well


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.

 

Home Affairs have issued a directive that allows you to extend your current or expired inter company transfer visa for a further 2 years and it can be done onshore . The exemption expires 30 June 2022 , so HURRY


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

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.
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.
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”.
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.
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.
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Alternatively , please contact us on :


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Tel No office : +27 (0) 82 373 8415 ( Whatsapp )

Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155

 

 

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Foreign Artisans now required to register before applying for visa.

Foreign Artisans now required to register before applying for visa.

National Register of Artisans now in effect

Dear foreign artisan,
Applying for critical skills work visa in South Africa as an artisan has been a challenge for the longest time. In 2014 when the current amendments to the Immigration Act were gazetted several gaps were identified in the Act which included the absence of a SAQA accredited professional body to register artisans. ECSA was not an option due to their minimum NQF criteria of 5 which was a notch above the rating being given by SAQA for artisans. There was a time letters issued by the National Artisan Moderation Body, (NAMB), were sufficient and then they were not. There was a time when registration with the South African Institute of Draughting was good enough and then it wasn’t. The latest dispensation saw applications being rejected because Home Affairs required a South African trade test. This of course is absurd for two reasons; the artisan is already trade tested and secondly a South African trade test requires a minimum experience in South Africa.
This inconsistency was a direct result of the absence of a key legislative instrument, namely the National Register of Artisans. In terms section 26C of the Skills Development Act 97 of 1998 as amended, the Minister of Higher Education is required to establish a register of artisans. This register unfortunately could not be implemented as the regulations were not yet in place to establish this register, therefore the NAMB letters were acceptable as they pointed to the absence of the National Register of Artisans. In the absence of a clear framework on how to recognize foreign artisans in the republic it meant that the Department of Home Affairs was left to its own devices hence the constant changes in approach.
Fortunately, that gap has now been closed and a clear process of registering artisans is now in place. The National Register of Artisans Regulations was gazetted the 19th of March 2021 and provides a framework for the registration of all artisans, local and foreign. There 4 categories of artisans, Practicing Artisans, Non – Practicing, Foreign Practicing and Foreign Non-Practicing Artisans. Under regulation 3 it is mandatory for all artisans to register with the Department of Higher Educations National Artisan Development Support Centre (NADSC).
The registration requirements for foreign National Practicing Artisans are the following, a certified passport copy, evidence of legal visa for entrance into the country, certified copy of trade test whether conducted locally or abroad, SAQA evaluation of foreign trade test, proof of address and proof of previous registration for a renewal.
Importantly regulation 6 has some consequences for visa applications by artisans. 6.5 Provides that all foreign national artisans must register with DHET before applying for critical skills work visa or any work visa with DHA. 6.6 goes on to state that foreign national artisans will not be granted critical skills work by DHA if they are not registered with DHET. This means that as of 19th March 2021 it became impossible for an artisan to get a visa without first registering the NADSC
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