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
👎 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.
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Section 30(1)(h) of the Immigration Act of South Africa and Regulation 27(3) of the Immigration Regulations.
A person will be declared ‘undesirable’ and will receive a ban regardless of the reason for the
overstay. The ban applies to any person who has overstayed, adults and children. The ban and
being declared ‘undesirable’ also affects people who leave South Africa while their application for a visa (or visa extension) is pending, if their current visa has expired.
what happens if i overstay my visa?

In 2014, the Department of Home Affairs introduced new immigration regulations, which
effectively 'ban' foreign nationals who overstay in the Republic from re-entering South Africa fora set period of time.
The immigration laws in South Africa state that a person who overstays in the Republic after the expiry of their visa will be declared as 'undesirable'. This person would receive a document, confirming them to be an 'undesirable' person, when they exit South Africa. Their passport is also stamped. The document 'bans' them from re-entering South Africa. The length of time that you are banned for depends on how long you have overstayed your visa.

Persons who overstay their visa for a period of less than 30 days will be declared
‘undesirable’ and banned for a period of 12 months. This means that this person will not
be allowed to re-enter South Africa for 12 months.
Persons who overstay their visa by more than 30 days will be declared ‘undesirable’ and
banned for a period of 5 years. This means that this person will not be allowed to reenter
South Africa for the next five years.

WHAT CAN I DO IF I RECEIVE A BAN?
You are able to appeal a ban. The Immigration Act allows for people to lodge a formal appeal
request to the Department of Home Affairs if they have been declared ‘undesirable’ and received a ban. The appeal must be submitted within ten working days of the day that you received the
ban. To submit an appeal, you must email your request to the Department of Home Affairs,

Written representations/letter with clear reasons for overstay,
A copy of the document declaring you 'undesirable' (you would have received this at
the border upon leaving South Africa, and a stamp in your passport),
A copy of your passport: the information page and other relevant pages, such as
pages with your South African visa(s), stickers or stamps,

If your visa has expired and your application for extension is still pending, do not leave
South Africa unless travel is absolutely necessary. Contact a reputable immigration advisor or
attorney should you have to travel.

My ban has finished - can i return to south africa?

No You can only return to South Africa once you have applied to the South African Department of Home Affairs for the ban to be lifted as it is not automatically removed from the system. You must apply for the ban to be lifted. If you do not, you will be refused entry into South Africa at the Port of Entry.
.
HAS THE COVID-19 PANDEMIC IMPACTED THIS?
During the Covid-19 pandemic, the South African government implemented a nationwide
lockdown as well as a closure of its borders. This meant that many people were unable to return to their country of origin before their visas expired.

Any person who did receive a declaration of undesirability during this period, should have that ban set aside. You should contact the email address provided above to clarify this situation and ensure that any ban that may have been noted, is removed.

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South Africa is the destination of choice for many people from the continent and the world. As a result of this the country’s ports receive millions of travellers annually entering for various reasons. However, on occasion a traveller is refused entry having been deemed ineligible for entry into the Republic for one or more reasons. Often persons who find themselves in this position are summarily sent back to their country of embarkation without being informed of their rights if any under our law and how to exercise these rights. In this week’s piece we will explore what the Immigration Act provides for persons in this position as well as what our courts have concluded in cases involving persons who have been refused entry.
Section 8(1) of the Immigration Act regulates what happens to a person who has been refused entry at a port of entry. Section 8(1) provides “An immigration officer who refuses entry to any person or finds any person to be an illegal foreigner shall inform that person on the prescribed form that he or she may in writing request the Minister to review that decision and-
1. a) If he or she arrived by means of a conveyance which is on point of departing and is not call at any other port of entry in the Republic, that request shall without delay be submitted to the minister; or
2. b) in any other case than the one provided for in paragraph (a), that request shall be submitted to the minister within three days after that decision.
Two key rights are expressed in this section, the first one is the right to be notified of the reasons for being denied entry and secondly the right to make an appeal to the Minister to review the decision. The Act also makes provision for a time frame of when the appeal should be made in these two instances when entry has been refused. The first arises when the conveyance is set to depart and will not call upon another port of entry in which case that appeal must be made immediately. The second instance is when conveyance is not at the point of departing, in which case the appeal must be made within three days from the act of being refused entry.
In section 8(2) the Immigration Act goes on to provide that if any person is refused entry or found to be an illegal foreigner as contemplated above, who has requested a review of such decision but is on a conveyance that is set to depart as contemplated in section 8(1)(a) shall depart on that conveyance and shall await the outcome of the review outside the republic. In a case arising under section 8(1)(b) , where the conveyance is not at the point of departure and the person has lodged an appeal with Minster the Act provides that this person Shall not be removed from the republic before the Minister has confirmed the relevant decision. Here is where the problems tend to begin, firstly most are not informed of their rights as required by the Act but where they are informed there seems to be a concerted effort by the Immigration officials to secure the immediate removal of the person notwithstanding the protections afforded to the person.
The right to review and to reasons are hallmarks of our administrative law and are enshrined in the section 33 of the Constitution which vests everyone who is at the receiving end of an adverse decision by the state the right to appeal that decision and the demands that the public official must provide reasons of their decision in writing. Our law recognises that the right to Just administrative action has two key aspects, the first one being the substantive aspect encapsulated in the statement the administrative action must be lawful or put differently it must be in line with an empowering legislation and the constitution. The second relates to the procedural fairness, the conduct or act must conform to procedural prescripts of the Act. Meaning where the Act says the official must inform the person by issuing a form 1, the failure to issue that form renders the action unlawful.
In the past when Home Affairs has been challenged on actions its officials have taken to deny a person entry they have put forward two principal arguments, first that have stated that once they have denied some one entry that person is no longer their responsibility but that of the conveyance as contemplated in section 35(10) of the Immigration Act. The have also argued that technically persons in the arrivals area at the port of entry who have not been formally admitted into the republic are not in the republic and therefore not subject to the protections afforded to them by the Act and the constitution. A final argument has been that in cases where a person has lodged an appeal in terms section 8(2)(b) wherein the Act provides that person shall not be removed from the republic, that person is not deprived if freedom as contemplated in section 12 of the constitution while also arguing they cannot be allowed to await the Ministers decision in the republic as doing so would be detrimental to their immigration enforcement efforts.
All these arguments have been dismissed out of hand by the courts. In Lawyers for Human rights & another// the Minster of t Home Affairs & another 2004 (4) SA 125 (CC) the Constitutional court held that “The denial of these rights to human beings who are physically inside the country at sea or airports merely because they have not entered South Africa formally would constitute a section of the values underlying our constitution”
In other Judgments in the SCA and High court this argument was dismissed as pure sophistry which ought to be disregarded offhand and that our courts would have jurisdiction to intervene in these matters in the same manner as they would be expected to intervene in a case involving the murder of a person at a port or entry. In Abdi V the Minister of Home Affairs (734/10) 2011 ZASCA 2, the Supreme court of Appeal found that Home Affairs remained the responsible authority when a person has been refused entry and they do not at any point abdicate that responsibility to the conveyance
As to whether a court can order the release of an inadmissible foreigner from an inadmissible faculty pending the outcome of a review of the decision the courts appear divided with judgements for and against the release. In Chen v the Director General of Home Affairs 2014 ZAWCHC 181, the court having assessed the conditions of the holding facilities at the airport concluded that these holding facilities were in fact detention facilities that had the effect of violating a person’s fundamental right to dignity and the right to freedom and security of person and her right to freedom of movement. The court went on to order the release of the person pending the minister’s decision but left it to the DHA to determine the conditions of the persons release.
As a final note for the airline industry who often find themselves caught between a rock and a hard place in these situations. It is worth noting the judgment of the High Court in Lin & Another v the Minster of Home Affairs & others. The court made several adverse findings against the airline in that case including punitive orders for contempt of court against certain employees of the airline. The airline had argued that their function was to merely carry out the orders of the Home Affairs in this case however the court found them wanting and essentially stating that where the airline has been advised of the persons rights it has a duty to ensure that they do not participate in the violation of that persons rights by observing the letter of the law and not blindly follow the instruction of DHA which often have been found to be unlawful.
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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 relationship relationship for five years
Be married to an SA relationship 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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A Relative's Visa may be issued by the Department to a foreigner who is a member of the immediate family of a citizen or a resident, providing that such citizen or resident provides the prescribed financial assurances.

This only applies to first level of kinship i.e: Brother, Sister, Mother, Father.

The period of validity of the Visa shall be determined by the financial assurance provided, but will not exceed a period of 24 months at a time. A relative Visa issued to a relationship shall lapse upon the dissolution of the relationship relationship and the Department may at any time satisfy itself that a good faith relationship relationship exists and or continues to exist.

Let SA Migration Intl handle your entire case from filling out the documentation to processing the application.

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