Question: What are the requirements and an explanation of the visa under Regulation 11(4)(a) of the South African Immigration Act, specifically for activities contemplated in Section 11(1)(b)(iv), which include individuals involved in producing films and advertisements in South Africa, such as actors, cameramen, hairstylists, make-up artists, and lighting and sound engineers?

Overview of Regulation 11(4)(a) and Section 11(1)(b)(iv)

• Regulation 11(4)(a) is part of South Africa's Immigration Regulations, issued under the Immigration Act, 2002 (Act No. 13 of 2002). This regulation allows for the issuance of a Visitor's Visa for short-term work or activities that would otherwise require authorization but do not fall under standard employment categories.

• Section 11(1)(b)(iv) refers specifically to activities that are temporary and limited to specific sectors such as the production of films and advertisements.

Purpose of this Visa

This visa is designed for foreign nationals who:

1. Participate in the production of films or advertisements in South Africa.

2. Engage in related creative or technical roles, including: 

o Actors: Performing roles in films or commercials.

o Cameramen: Operating cameras and related equipment.

o Hairstylists & Make-up Artists: Preparing actors/performers for filming.

o Lighting & Sound Engineers: Setting up and managing lighting and sound equipment.

Key Features of the Visa

1. Short-Term Duration:

o Typically issued for a maximum of 3 years and can be extended depending on circumstances.

2. Non-Standard Work Visa:

o This is not a full work visa but allows specific temporary work activities.

o The applicant cannot take up long-term employment.

3. Purpose-Specific:

o The visa is strictly for participation in films and advertisements.

o Applicants must prove that they are involved in activities relevant to this sector.

Requirements for This Visa

To apply for a visa under Regulation 11(4)(a), applicants must meet the following criteria:

1. General Documentation

• visa application 

• A valid passport.

• visa fee

2. Letter of Invitation or Contract

• A letter from the South African production company or employer, which should include: 

o Details of the applicant's role or activity (e.g., actor, cameraman).

o Duration of the project.

o Location of the production.

o Commitment to cover any costs incurred by the applicant during their stay.

3. Proof of Qualification or Experience

• For technical roles (e.g., lighting engineer, cameraman): 

o Copies of relevant qualifications or certifications.

o A portfolio or resume showcasing previous work.

• For creative roles (e.g., actor, hairstylist): 

o A portfolio of previous work (e.g., photographs, showreels).

4. Medical Requirements

• A medical report 

5. Proof of Financial Means

• Recent bank statements or proof of sponsorship demonstrating the applicant's ability to support themselves during their stay.

6. Criminal Clearance Certificate

• A police clearance certificate from the applicant’s country of residence for stays longer than 12 months.

7. Flight Itinerary

• Proof of a return flight booking or onward travel arrangements.

8. Additional Supporting Documents

• If applicable, a letter confirming compliance with relevant industry standards, such as safety and labor laws.

Application Process

1. Preparation of Documents:

o Gather all required documents, ensuring they meet the specified criteria.

2. Submission:

3. Processing Time:

o The processing time varies but typically ranges from 6 to 8 weeks  for short-term visitor visas.

4. Visa Issuance:

o Upon approval, the applicant receives the visa, specifying the permitted activity and validity period.

Additional Considerations

1. Restrictions:

o This visa does not allow permanent employment or business activities unrelated to the stated purpose.

o It is activity-specific; deviation from the stated role may result in the visa being revoked.

2. Compliance with Local Laws:

o The production company or employer must ensure compliance with South African labor and immigration laws, including adherence to health and safety regulations.

3. Extension:

o Applicants wishing to extend their stay must apply for an extension at least 30 days before the visa’s expiration.

Conclusion

This visa category under Regulation 11(4)(a) is an efficient mechanism for facilitating the participation of foreign nationals in South Africa's thriving film and advertising industry. By streamlining the application process and allowing temporary engagement in creative and technical roles, it supports the growth of these sectors while maintaining legal oversight and control. Applicants should carefully prepare their documentation and adhere to the terms of the visa to ensure compliance.

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He was caught after police stopped his minibus in Komatipoort, Mpumalanga, near the Mozambique border, and the 14 girls were inside the vehicle.
According to the Hawks, the minibus was stopped by members of the Border Management Authority on the N4 next to one of the filling station

Mate was handed over to Komatipoort police, who opened a case of aiding and abetting.
"The victims were handed over to the Department of Social Development for assessment before they were sent back to their country of origin," police said.
The Hawks said Mate's sentence was suspended on condition that he was not found unlawfully assisting any people to enter, remain in, or depart from South Africa.
Major-General Nico Gerber, the Mpumalanga Hawks head, welcomed the sentence.
"Aiding and abetting people to illegally enter, depart, or remain in the Republic undermines both the country's laws and human dignity," he said.

At about 21:00, authorities responded to a tip-off from neighbours about suspicious activities at a residence in Luster Road.
On arrival, they found 15 naked people, believed to be Ethiopian nationals, captive inside the house.
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Eleven were transported to hospital for medical treatment.
"Further investigation led to the arrest of three suspects who were allegedly involved in human trafficking and illegal possession of a firearm. The suspects were found with a 9mm P Tokarev pistol, one magazine, and no ammunition," Nkwalase said.

The matter was referred to the Gauteng Hawks' Serious Organised Crime Investigation team for further exploration, and the 26 undocumented individuals' status as trafficking victims in being investigated.
Nkwalase urged the public to report to authorities any person seen without clothes in the area because they could be linked to the incident.

The Immigration Act, 2002 (Act No. 13 of 2002) of South Africa, provides a framework for issuing short-term visas under specific conditions. Regulation 11(4)(a) and Section 11(1)(b)(iv) pertain to activities that fall under temporary visits, including short-term work such as teaching at an international school. Here’s a detailed explanation:

1. Understanding Regulation 11(4)(a)
•    Regulation 11(4)(a) is a sub-regulation of the broader visitor visa category, Section 11(1), which governs temporary stays in South Africa.
•    This regulation allows foreign nationals to engage in short-term work activities with proper authorization from the Department of Home Affairs.
•    It is specifically tailored for temporary assignments such as substitute teaching, specialized curriculum implementation, or training programs at international schools.

2. Understanding Section 11(1)(b)(iv)
•    Section 11(1)(b)(iv) relates to permissible activities under a visitor’s visa, including work or services of a temporary nature.
•    It provides the legal basis for issuing a visitor visa to individuals performing work-related activities, as long as:
o    The activity is specified in the visa application.
o    The duration of work does not exceed the approved period.

3. Key Features of the Visa
1.    Short-Term Authorization:
o    The visa allows foreign nationals to work temporarily in South Africa for up to 3 years and is extendable.
2.    Employer-Specific:
o    Work authorization is granted for a specific employer (e.g., an international school), and the foreign national cannot work for other employers.
3.    Purpose-Specific:
o    It is designed for temporary roles, such as filling a staff shortage or providing specialized teaching services.
4.    Temporary in Nature:
o    The visa is unsuitable for long-term employment. For ongoing roles, applicants must transition to a long-term visa such as a General Work Visa or Critical Skills Work Visa.

4. Requirements for Regulation 11(4)(a) Visa
A. General Eligibility
•    The applicant must have a valid offer of employment or a contract for temporary teaching at an international school.
•    The teaching role must be short-term and time-bound, addressing a specific need.
B. Documentation Required
1.    Valid Passport:
2.    Visa Application Form:
3.    Employment Contract:
4.    Motivation Letter from Employer:
o    The school must provide a detailed letter explaining:
o    The reasons for hiring a foreign teacher temporarily.
o    The urgency of the position.
o    Why a local candidate could not fill the role.
5.    Proof of Employer Accreditation:
o    Evidence that the international school is a registered and recognized educational institution.
6.    Proof of Financial Means:
o    Bank statements, proof of employer sponsorship, or salary details to demonstrate financial self-sufficiency during the stay.
7.    Police Clearance Certificate:
o    Clearance from all countries where the applicant has resided for 12 months or longer in the past 10 years.
8.    Medical Report:).
9.    Proof of Accommodation:.
10.    Visa Fee Payment:

5. Application Process
1.    Document Preparation:
o    Gather all required documents as listed above.
2.    Submission:
o    Submit the visa application at the South African embassy, consulate, or visa facilitation center in the applicant’s country of residence.
3.    Processing Time:
o    Visa processing typically takes 10–15 working days but may vary depending on the location.
4.    Issuance of Visa:
o    Once approved, the visa is endorsed in the applicant’s passport.

6. Specific Considerations for Teaching at an International School
A. Role of the International School
•    The school must justify the need for a foreign teacher, particularly for roles requiring specialized skills or languages unavailable locally.
•    Examples include teaching a foreign curriculum (e.g., Cambridge or IB) or foreign language instruction.
B. Temporary Nature of Work
•    Regulation 11(4)(a) is suitable for roles such as:
o    Temporary teaching assignments.
o    Staff replacements during leave.
o    Short-term training or curriculum development.
C. Transition to Long-Term Employment
•    For ongoing employment, a long-term visa application must be initiated. This requires leaving South Africa to apply for a work visa from the applicant’s home country.

7. Advantages of Regulation 11(4)(a) for Teaching
1.    Expedited Process:
o    Requires fewer documents and has a faster processing time compared to long-term work visas.
2.    Flexibility for Schools:
o    Enables international schools to address immediate staffing needs without lengthy hiring processes.
3.    Opportunity for Foreign Teachers:
o    Provides a pathway to contribute to South Africa’s education system on a short-term basis.

8. Challenges and Limitations
1.    Short Duration:
o    The visa is valid for a maximum of 180 days (90 days plus one extension).
2.    Restricted Employment:
o    Authorization is specific to the employer and position stated in the application.
3.    No Pathway to Permanent Residency:
o    This visa does not provide a direct route to permanent residence or long-term employment.

9. Transitioning to Long-Term Work Visas
For teachers seeking extended employment at an international school:
•    General Work Visa:
o    Requires proof of a labor market test to demonstrate that no qualified South African is available for the role.
•    Critical Skills Work Visa:
o    Applicable if the teaching subject aligns with South Africa’s Critical Skills List (e.g., foreign languages, STEM subjects).

Conclusion
Regulation 11(4)(a) under Section 11(1)(b)(iv) provides a legal mechanism for foreign teachers to work temporarily at international schools in South Africa. It addresses immediate staffing needs while ensuring compliance with immigration laws. While it is an efficient solution for short-term assignments, foreign nationals and employers must plan for long-term employment needs through appropriate work visa applications. Adherence to documentation and application processes is critical for a successful outcome.