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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Appeals - rejected applications, Undesirable Declaration Waivers, V-listing and Legal Immigration Services

Appeals - rejected applications, Undesirable Declaration Waivers, V-listing and Legal Immigration Services

Our dynamic team of immigration consultants provide specialist advice on temporary residence visas, permanent residence permits, appeals on rejected applications, undesirable declaration waivers, V-listing and legal immigration services.

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South African Business Visa

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.

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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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South African Retirement Visa

South African Retirement Visa

A retirement visa can be granted for 4 years to someone with a monthly pension, irrevocable annuity or retirement account of R37 000 from a net worth/combination of assets realizing R37 000 per month and wishes to retire temporarily or permanently in South Africa.

A South African Retired Person's permit is ideal for people wishing to retire in South Africa temporarily or permanently subject to the financial criteria or parameters being satisfied. This South African visa category is designed for those intending to retire in the country or wishing to have a long stay in South Africa with the need to renew the visa or permit. This retirement visa is not based on age but rather on assets, rental income and / or bank accounts generating income. It is based upon foreigner providing proof that such foreigner has the right to a pension or an annuity or retirement account which will give such foreigner a prescribed minimum payment for the rest of his or her life from the country of his or her origin; or a minimum prescribed net worth generating income for life.

This South African immigration visa is a popular option for seasonal visitors, i.e. those visiting the country for a period of six months or more. An important point to observe is that successful applicants are under no obligation to apply for permanent residence.

The temporary grant may be renewed indefinitely so long as the requirements continue to be met. However, permanent residency does bestow additional benefits upon its holder. In South Africa, immigration through the retired person's route can be either a temporary visa permit or a permanent residence visa as outlined in the eligibility criteria summarized below.

  • The temporary route is granted for four years and is renewable indefinitely for four-year periods.
  • The permanent route offers permanent residents the same rights and privileges as those with South African citizenship, with a few key exceptions, most notably the right to vote.

In both the temporary and permanent residence category the, South African Retired Persons Visa is based upon financial criteria and unlike a South African Work Visa, no prior job offer needs to be in place before an application can be made. Although unlike temporary South African visit visas, retired people can permitted to work if they wish, provided they apply under the correct visa category – Retirement plus Work Visa We wish to stress that the category “retired person", does not confer a maximum or minimum age limit for this class of visa for South Africa. Retired person's visas may be awarded to people of all ages, provided that the eligibility requirements below are met.

  • A pension, retirement account or irrevocable annuity which has a value of at least R37, 000 per month. This requirement applies to each person making an application.
  • Alternatively, candidates may obtain a South African visa of this kind by demonstrating a "net worth" through a combination of assets which equates to a minimum of R37, 000 per month. Once again, this criterion applies to each person making an application.

Work Conditions
The nature of this type of immigration to South Africa is such that no specific stipulations are in place regarding a candidate's ability to work in South Africa. In most cases, it may be assumed that people embarking upon this route, based as it is upon a steady income from a source other than employment will not be entering the country to work. However, each case will be considered individually and candidates may be able to work during their time in the country.

Applicants wishing to work will need to submit an employment contract and is not required to demonstrate that a South African citizen or resident is available for the position. The idea here is that applicants under this category can supplement their income and that the rules have been relaxed significantly from the stringent work visa requirements.

Accompanying Dependents

Spouse immigration and dependent immigration are now provided through temporary South African Retired person's visas. This route to South Africa is based upon the financial security of each applicant and unlike work permit visas or business visas, the dependent family members of retired applicants automatically qualify for visit visa status to accompany the principle applicant and does not have to meet the same criteria for temporary residence but for the purposes of permanent residence they are treated as one family unit.

However, in cases where an applicant successfully obtains permanent residence as a retired person, their spouse and/or dependent children, i.e. those aged under 21 will also qualify for permanent residency.

Financially Independent

An alternative route exists in the financially independent visa for which candidates would need to be able to demonstrate a net asset value totalling not less than R12 million.

In addition, it would also be necessary to demonstrate proof of payment of R120,000 as a non-refundable sum to the Director General of Home Affairs. The application for a financially independent visa will lead to permanent residence.

  • A retired persons visa may be issued for a period exceeding three months to a foreigner who intends to retire in the Republic, provided that the foreigner provide proof that such foreigner has the right to a pension or an annuity or retirement account which will give such foreigner a prescribed minimum payment for the rest of his or her life from the country of his or her origin; or a minimum prescribed net worth.
  • The Department may authorise the holder of a retired person permit to conduct work under terms and conditions as the Department may deem fit to determine under the circumstances.
  • A retired person visa may allow its holder to sojourn in the Republic on a seasonal or continuous basis; and not exceed a four-year period, at the expiry of which it may be renewed one or more times.

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