Critical Skills Work Visa

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.


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.

Relatives Visa

Relatives Visa

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 spouse shall lapse upon the dissolution of the spousal relationship and the Department may at any time satisfy itself that a good faith spousal relationship exists and or continues to exist.

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


Do you have a Long Outstanding Permanent Residence – What are my options

Do you have a Long Outstanding Permanent Residence – What are my options
Is Legal Action the way to go – Class Action vs individual Court Action
Class Action appears cheaper way but has more consequences to applicant than individual court action . Whilst class action hits the newspapers etc it pushes Home Affairs into a corner and they need to deliver against a court deadline a decision but it may not be what you expect . It could be a rejection . For example an older pending application with an expired visa will lead to a rejection .
We choose individual court action , it is not that expensive , Home affairs is not embarrassed in public media and often gives our clients the latitude to update any expired documents and generally the outcome is successful if application is fully compliant .
Contact us for options .
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Sa Migration International

An elderly Limpopo woman wrongfully declared dead wins case against Home Affairs

An elderly Limpopo woman wrongfully declared dead wins case against Home Affairs

27 July 2021 0 @SABCNews

 

The family of an elderly Limpopo woman whose identity was altered after she was wrongfully declared dead, has won a case against the Home Affairs Department at the High Court in Pretoria.

Johanna Adams was declared dead on two occasions in 2005 and 2016. This led to problems with her social grant which was terminated.

She shared the same names and identity number with a woman from Boksburg in Gauteng, who had died.

Adams has expressed relief that she will soon reclaim her identity.

“I am so grateful that my life could now be restored and I would reclaim my original identity. I am eternally grateful, I wish to thank God and all those who made sure that I can put the matter behind me.”

Johanna Adams who was wrongfully declared dead wins her case against Home Affairs:

www.samigration.com