South African Business Visa

A business visa may be issued by the Department of Home Affairs to a foreigner intending to establish or invest in a business in South Africa in which he or she may be employed, and to members of such foreigners’ immediate family providing that certain requirements have been met.

The Act calls for investment of R5,0 million in a business and you need to make sure you employ 60% South African citizens or permanent residents to get both a temporary and permanent business visa, you can get these visas with less capital investment - sometimes for as low as R600,000 investment using our expert team at SA Migration.

Many businesses do not require a capital investment as large as R5 million and in certain cases, you are allowed to reduce this amount and commit to a smaller investment if your business falls within the certain industries. The following businesses to be in the national interest, and therefore qualifying for reduction or waiver of the capitalisation requirements as determined to be in the national interest in relation to a Business Visa: Many of these business owners do not have the required investment amounts. If this is the case and the business falls in line with one of the following industries, a capital waiver can be requested. This would mean a reduction in the required investment amount.

The industries are:

(a) Agro-processing

• Fisheries and aquaculture i.e. freshwater aquaculture and marine culture
• Food processing in the milling and baking industries
• Beverages viz. fruit juices and the local beneficiation, packaging and export of indigenous teas
• High value natural fibres viz., organic cotton and downstream mohair production
• High value organic food for the local and export market
• Biofuels production viz. bioethanol and biogas
• oils: tea extracts, including buchu, honeybush: and other oil derivatives (avocado, amarula etc.)
• Diversification / beneficiation of biomass sources i.e. sugar, maize

(b) Business Process Outsourcing and IT Enabled Services

• Call centers
• Back Office Processing
• Shared Corporate Services
• Enterprise solutions e.g. fleet management and asset management
• Legal process outsourcing

(c) Capital / Transport equipment, metals and electrical machinery and apparatus

• Basic iron and steel
• Basic precious and non-ferrous metals
• Casting of metals
• Other fabricated metal products: metalwork service activities
• General purpose machinery
• Tooling manufacturing
• Foundries
• White goods and associated components
• Electric motors, generators and transformers
• Electricity distribution and control apparatus
• Insulated wire and cable
• Accumulators, primary cells and primary batteries

(d) Electro Technical

• Advanced telecommunications
• Software development
• Software and mobile applications
• Smart metering
• Embedded software
• Radio frequency identifications
• Digital TV and Set Top Boxes due to migration to full digital television
• Process control, measurement and instrumentation
• Security and monitoring solutions
• Financial software
• Manufacturing sensors

(e) Textile, Clothing and Leather

• Spinning, weaving and finishing of textiles
• Knitted and crocheted fabrics and articles
• Wearing apparel except fur apparel
• Dressing and dying of fur
• Leather skins and hides beneficiation

(f) Consumer goods

• White goods and associated components

(g) Boatbuilding

• Boatbuilding and associated services industry
• Engines and engine systems
• Marine equipment and accessories

(h) Pulp, paper and Furniture

• Manufacture of paper products: publishing, printing and reproduction
• Manufacture of articles of straw and plaiting materials
• Paper and paper products and furniture
• Manufacture of wood and products of wood and cork

(i) Automotives and Components

• engines, radiators, filters and components thereof
• air conditioners / climate control systems
• alarms and Tracking devices
• axles, transmission shafts
• body parts and panels
• catalytic converters, silencers and exhaust systems and components
• wiring harnesses, instrument panels vehicle interiors, electronic drive train components,
• lighting equipment
• seats and parts thereof, seatbelts, leather covers
• suspension and shock absorbers, springs and parts thereof
• steering wheels, columns and boxes
• ignition, starting equipment, gauges and instrument parts

(J) Green Economy Industries

(jj) Power generation:

• Nuclear Build Programmer i.e. joint ventures, consortiums and the establishment of new companies to grow South Africa's nuclear manufacturing capability and nuclear supply industry to supply into the nuclear build programme
• Independent power generation, energy infrastructure and alternative energy

(jjj) Renewable Energy:

• Onshore wind power - manufacture of turbines/blades
• Solar PV and Concentrated Solar Power manufacture/assembly
• Biomass
• Small hydro
• Lowering greenhouse gas emissions from landfill sites
• Energy efficiency and energy saving industries
• Solar water heaters
• Waste Management and Recycling
• Reducing landfill

(k) Advanced Manufacturing

• Nano-materials
• High performance materials based on natural resources (advanced bio-composites
• Advanced materials, polymers and composites
• Medical devices, diagnostics and composites
• Space e.g. satellite manufacturers etc. and astronomy e.g. SKA, telescopes, dishes etc.
• Composites (intelligent textiles used in medical, building and construction industries)
• Continuous fibre reinforced thermoform composites
• Biochemical and biologics for applications in agriculture, industry and health/medical sectors
• Electricity demand Site Management Solutions to improve electricity efficiency usage
• Lasers and laser-based additive manufacturing various applications
• Advanced Robotics Mobile Intelligent Autonomous Systems
• Applications in the mining industry, data collection and analysis
• Bio - manufacturing - Biochemical and biologics for applications in agriculture, industry and health/medical.
• Fuel cells and Technology

(l) Tourism infrastructure

• Accommodation - hotels, boutique hotels, lodges and resorts
• urban integrated tourism/ entertainment precincts
• adventure, - eco-, sport-, conference- and cultural tourism
• infrastructure developments
• leisure complexes and world class golf courses
• harbour and waterfront developments
• trans frontier conservations areas
• Tourism transport - aviation, rail, cruise liners etc.
• green building and green technologies for tourism
• attractions and activity - based tourism.
• museums and heritage

(m) Chemicals, plastic fabrication and pharmaceuticals

• basic chemicals
• water treatment chemical products
• man-made fibres
• plastic products: polypropylene and polyvinculchloride
• medical (drips and syringes), manufacture of active pharmaceutical ingredient
• (APIs) for key anti-retrovirals (ARVs)
• Manufacture of reagents for AIDS/HIV diagnostics
• Production of vaccines and biological medicines

(n) Creative and Design Industry

• Film studios, treaty film co-production ventures, distribution infrastructure
• Servicing of foreign productions
• Production of film and documentaries, commercials, stills photography and
• Multi-media
• Post-production
• Design
• Jewellery manufacturing and design
• Fashion design

(o) Oil and Gas

• Maintenance ship and rig repair
• Fabrication - equipment and specialised components
• Specialised services - training and accreditation
• Specialised services - non-descriptive testing, inspection services, SHEQ services
• Exploration - technical services: seismic surveys, logging, environmental impact assessments, etc.
• Exploration - offshore
• Exploration - onshore shale gas
• Exploration - onshore coal bed methane and underground coal gasification
• Infrastructure - refineries (Oil and GTL)
• Infrastructure - terminals LPG/LNG import, storage and distribution
• Infrastructure - ports and associated infrastructure
• Infrastructure - storage
• Logistics - pipeline

(p) Mineral beneficiation

• Downstream processing and value addition

(q) Infrastructure Development

(r) ICT

• Geoamatics and Digital media
• Wireless and Telecom
• Electronics
• IT
• Software Development
• Advanced programming

List of undesirable Business in South Africa;

• Businesses that import second hand motor vehicles into the Republic of South Africa for the purpose of exporting to other markets outside the Republic of South Africa
• The exotic entertainment industry
• Security Industry

Our team of professionals at SA Migration International will assist you and help you to obtain your business visa for you.

South Africa is going through a very exciting stage at the moment and there is lots of opportunity to be involved in this emerging economy and the government welcomes anyone wishing to invest and create employment. Especially for small business owners, the markets are extremely lucrative and the government welcomes anyone who wants to invest.

SA Reminds ZEPs Holders To Apply For Other Visas

Pindula – 21 May 2022

The South African government has urged Zimbabwe Exemption Permits (ZEPs) holders to apply for other relevant work-related visas without delay.

Last year, South Africa announced it would no longer be extending the ZEPs when they expire on 31 December 2022.

Holders of the current permits will have to leave the country by the end of the year if they fail to get other visas.

Department of Home Affairs (DHA), Director General, Tommy Makhode, recently urged ZEPs holders to apply for other visas provided for in South Africa’s immigration laws whilst there was still time. Said Makhode:

By the direction of the Minister of Home Affairs (Aaron Motsoaledi), I address this further notice to all Zimbabwean nationals’ exemptions holders on his behalf.

As you are aware the minister has issued Directive no. 1 of 2021 on December 29, 2021, in terms of which he extended the validity of the exemptions until 31 December 2022.

The DHA calls upon all the affected Zimbabwean nationals to apply for one or other visas through VFS Global without any further delay.

It is of utmost importance that all the affected Zimbabwean nationals lodge their applications in order to regularise and continue to sojourn lawfully in the Republic before the deadline of December 31, 2022.

All affected Zimbabwean nationals are called upon to make use of the opportunity granted by the Minister to apply for one or other visas provided for in the immigration act before the deadline of December 31, 2022.

The ZEPs expired on 31 December 2021 but South Africa’s cabinet decided on a 12 months grace period.

At the expiry of this 12 months period (on 31 December 2022), those Zimbabweans who are not successful will have to leave South Africa or be deported.

www.samigration.com

South Africa Working Visas / South Africa Working Visas

South Africa Working Visas

South Africa seeks highly skilled individuals to live and work in SA.

SA Migration Services will provide professional assistance to arrange your work visa for you if you qualify.

Work Visas are regulated in terms of Section 19, Regulation 18 and items 18 (1), 19(2), 20, 21 and 22, of Schedule A.

There are three common types of Work Visas:

• General Work Visa
• Inter Company Transfer Visa
• Critical Skills Visa

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.

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.

Critical Skills Work Visa

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.

New home affairs booking system up and running says minister

Businesstech – 21 May 2022

Home Affairs minister Aaron Motsoaledi says that the Branch Appointment Booking System being piloted at select branches is yielding positive results.

Responding to a parliamentary Q&A, Motsoaledi said that the system has allowed South Africans to bypass long queues.

“Clients are serviced within the timeslot booked and confirmed, and the offices are able to plan for those who have booked the day prior to the scheduled appointments,” he said.

The system is currently being trialled in select high-volume offices and has been integrated with the national population register to allow clients to use their ID numbers to book a slot. This prevents agents illegally operating in home affairs offices from blocking slots to sell them on.

This includes options to book an appointment at a specific home affairs office in each province and an expected start and end time.

Motsoaledi previously said the Branch Appointment Booking System would be piloted at some live capture offices for Smart ID Card and Passports applications and the collections of both documents during the 2021/22 financial year.

He added that the system would be rolled out to other identified high-volume offices, however, he did not provide a timeframe.

Downtime is still an issue

Despite the progress made in the booking system trial, excessive downtime continues to plague home affairs offices across the country.

The department’s annual performance report in April 2022 flagged system downtime and connectivity issues as a significant hurdle that still needs to be addressed.

An August 2021 presentation to parliament by Motsoaledi promised to upgrade home affairs branches and reduce system downtime – yet in March 2022 almost the entire branch network was hit with a significant outage.

According to Motsoaledi, various upgrades have been done at front offices, bank branches, ports of entry, and refugee reception centres across the country to mitigate system issues and downtime.

The downtime in March was due to a damaged network cable, he said.

“Live capture access to the National Population Registration was severed due to a damaged network cable that connected the DHA Network to the SITA hosted Mainframe Systems, with the National Population Register being one of these systems,” he said.

The department wants to intsall a redundant cable that will need to be routed via a different path in the data centre to provide higher availability, as well as getting end-to-end monitoring services from SITA to prevent similar outages in the future.

www.samigration.com

Home affairs hits a roadblock in plan to cut long queues

Businesstech – 21  May 2022

 

Home Affairs minister Aaron Motsoaledi says that unions have taken his department’s plans to cut long queues at home affairs offices across the country to the negotiation table – effectively putting them on ice.

Responding to a parliamentary Q&A this week, the minister lamented a drop in service levels at home affairs offices after extended operating hours over weekends were dropped.

When asked why Saturday operating hours had ceased, Motsoaledi blamed unions. “The department desperately wants Home Affairs offices to open on Saturdays. The type of services rendered by Home Affairs offices fall in the same category as services rendered by Police Services and Clinics,” he said.

“Unfortunately, the unions took the matter to the Public Service Coordinating Bargaining Council (PSCBC) and made it a subject of negotiations. It ended in a stalemate.”

The minister said that the intention was for Saturday working hours to be conducted through the shift system in the same way police and nurses work.

“However, the unions insist on deploying the same people who work during the week hours, but paying them overtime. Should we agree, the department will be forced into paying overtime for life, or permanent overtime – and this is untenable,” said the minister.

He said the department has submitted to Cabinet a Home Affairs Bill which will change the nature of the Department of Home Affairs into a security department entitled to open on weekends.

Motsoaledi said that the department has been negatively impacted without being able to operate on a Saturday.  “Ironically, I believe this (worse service) affects members of unions the most,” he said.

Booking system

While the department’s plans to operate over weekends are now on ice until union negotiations have played out, the minister said other interventions are working. Last week (13 May), Motsoaledi said that the Branch Appointment Booking System being piloted at select branches is yielding positive results, allowing South Africans to bypass long queues.

“Clients are serviced within the timeslot booked and confirmed, and the offices are able to plan for those who have booked the day prior to the scheduled appointments,” he said.

The system is currently being trialled in select high-volume offices and has been integrated with the national population register to allow clients to use their ID numbers to book a slot. This prevents agents illegally operating in home affairs offices from blocking slots to sell them on.

This includes options to book an appointment at a specific home affairs office in each province and an expected start and end time.

Motsoaledi previously said the Branch Appointment Booking System would be piloted at some live capture offices for Smart ID Card and Passports applications and the collections of both documents during the 2021/22 financial year.

He added that the system would be rolled out to other identified high-volume offices, however, he did not provide a timeframe.

www.samigration.com