What you need to know about fake work visas in South Africa

You might have obtained your work visa recently and second-guessing whether your visa is valid or not, this is a tricky situation to be in. There are many people out there who pretend to be immigration consultants or immigration lawyers only to scam you and issue you with a fake visa. The worst is being arrested or being detained in South Africa for something that you are not responsible and the Department of Home Affairs is coming down hard on these individuals.

Many who don’t qualify for the critical skills are always looking at applying for the general work visa for South Africa and thus one of the most popular options to forge it because of how difficult it is to obtain it. While this could be true many temporary residence visas are forged throughout South Africa. How to apply for a General Work Visa in South Africa or apply for a work visa South Africa the right way.

Beware of people who guarantee you a visa, as no one in this industry can do that, not even the most experienced immigration consultant or immigration lawyer. There has been news of many immigration consultants who have promised people a visa and blackmailed immigration officials to approve these cases. Be careful of which services you make use of and always apply due diligence. The South African Department of Home Affairs will hold you accountable for any forged documents.
If you are considering applying for temporary visas then you need to ensure that you are making use of professional services. If you wondering how much does a work visa cost in South Africa. We created a blog post in detail about the cost.

To avoid getting a fake work visa, using reputable immigration agents South Africa will assist in getting a valid visa for you.
Many foreigners are working without a work visa in South Africa.

We have created a handy guide for you to read and to keep close, we would advise that you bookmark this blog post so that you can always reference it back and forth when you need the information.

Is my work visa fake?
Table of Contents
• Is my work visa fake?
o How do I know if my work visa is real?
• How do I check if my work visa is valid?
o You can use the following methods to verify:
o I would recommend keeping the following proof:
o Which visas can be obtained fraudulently?
• So when can you be arrested in SA?
• What to do if you are arrested with a fraudulent visa?

So currently there are two ways that a work visa can be forged and it’s important to understand the differences. Once you understand the different methods of fraudulent ways then you have a starting point to investigate from.
1. A work visa can be forged to look like a real visa, but this has not been printed and entered into the Department of Home Affairs system. So there is no record that it has been issued and details of your particulars.

2. Another way of obtaining a “visa” is through a corrupt Home Affairs official who you pay to illegally issue you a visa. The visa is entered onto DHA’s systems but your application has not been screened against the requirements.
How do I know if my work visa is real?
If you made use of an agency or person to get your visa and are worried if its a fraudulent visa then there are certain things you can look at with regards to the visas:
• The words used on the visa would differ from the standard wording on a legally obtained visa.
• There will be colour variations between a fraudulent and legally obtained visa.
• The fonts would be different.
• Your particulars would not be stored or listed on the Department of Home Affairs systems.
• Extremely high fees to get the visa.

Furthermore, there are more important things you can take into consideration if your visa is fraudulent:
• If the person representing you has not requested you to submit your application through VFS then this is a major red flag. All applicants in South Africa are required to submit their applications through VFS.
• You are not allowed to apply for a change of status in SA meaning that if you are on a visit visa then you cannot apply for a work visa.
• Have yourself assessed with an alternative immigration agency to find out if you qualify

If you are paying a home affairs official to get your visa, then you would be held responsible when caught and can face deportation or imprisonment.
Our advice is that it’s better to go the legal route, even though it might take longer and not as quick as you would like. The immigration agent or lawyer can tell you immediately if you qualify or what you need to do to qualify.
How do I check if my work visa is valid?
There are various ways you can check if your work visa is valid in South Africa but you have to tread carefully as the Department of Home Affairs will hold you accountable for this in which you could be banned, fined or imprisoned. Therefore it is in your best interest to check if the person assisting you has a registered business, registered for tax and VAT.

You can use the following methods to verify:
• Email the verifications department: VisaVerifications.Missions@dha.gov.za
• Call the verifications department: 012 406 – 4432
• Walk into the Department of Home Affairs to find out from an immigration officer.

When making use of a representative to apply on your behalf we recommend that you keep a trail of paperwork and any communication. This is the best way so that you have proof if ever you are arrested and detained, in this way a lawyer can represent you which you would have proof.
Before you apply make sure that you have applied your due diligence to the person representing you.

You can verify if your family visa South Africa is valid for example.
I would recommend keeping the following proof:
• Email trails
• Record all phone calls
• Keep invoices
• Record all in-person meetings

The more proof you have the better and keep these in a safe place where they are easily accessible should you need them in future.
We recommend that corporate businesses verify an applicants work visa as they can be held accountable for employing a foreign national with fraudulent papers.

Accompanying spouses in South Africa must apply for their own independent work visa as they are not allowed to work whilst on a dependent visa. There is no such thing as a accompanying spouse work visa in South Africa.

Which visas can be obtained fraudulently?
• General Work Visas
• Spouse Visas
• Life Partner Visas
• Study Visas
• Retirement Visas
• Critical Skills Visas
• Corporate Visas
• Intra-company transfer visas
• Relatives visas
• Permanent residence visas

So when can you be arrested in SA?
The South African immigration act mentions the following when you are considered to be in contravention of the act:
• In possession of a fraudulent or fake visa
• Expired visa
• Not adhering to the conditions of your visa.
• Not in possession of a visa

The experience of being arrested in SA is not a good one and therefore always ensure that you are on the right side of the law. You will never be asked to show your papers but immigration officers have the right to request to see them at any given time. Remember that if you are committing a crime in any sense, you will be imprisoned.

The best thing to do is always keep your passport and visa with you wherever you go and have a telephone or mobile number of someone you can call in SA preferably in the same town as you to help you if you are arrested. We would advise that you beforehand give the person a copy of your passport bio page, visa stamps, contact details for a family member back in your country of residence. The last thing I recommend is giving the person the details of your embassy or consulate in SA to assist you.

What to do if you are arrested with a fraudulent visa?
The South African government together with DHA are cracking down on fraudulent visas and when caught you will be locked up immediately. Our advice does not to try and fight the police or officials and don’t be abusive towards them either. You will be taken to the nearest police station and you will be kept separate.
• Call a family member to let them know you’ve been arrested.
• Ask them to hire an attorney
• Instruct your family member on how to get access to your funds should the need arise

🚗 Call to Action:
Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.
• 📞 WhatsApp: +27 82 373 8415
📧 Email: info@samigration.com
🌐 Website: www.samigration.com
• Your compliance is our priority—let’s build your future together

What Happens When My South African Spousal Visa Expires?

The expiration of a South African spousal visa can have significant legal and immigration implications, depending on whether the visa holder has taken proactive steps to renew or change their immigration status before the expiry date. Below is a detailed explanation of the consequences of an expired spousal visa, steps to take before and after expiration, and legal remedies available to address this situation.

1. Understanding the South African Spousal Visa
The spousal visa allows the foreign spouse or life partner of a South African citizen or permanent resident to reside in South Africa based on their relationship. The visa is granted under the Immigration Act No. 13 of 2002 and is typically issued for:
• Temporary residence: Valid for 2–3 years, renewable.
• Permanent residence: Granted if the couple has been in a relationship for at least 5 years.

2. Consequences of an Expired Spousal Visa
When a spousal visa expires, the foreign national’s legal status in South Africa becomes invalid, which can lead to:
A. Overstaying and Legal Penalties
1. Overstay Penalty:
o Overstaying for 0–30 days: You may be declared undesirable for 12 months.
o Overstaying for 30+ days: You may be banned for 5 years or more.
2. Fines:
o Overstaying a visa may result in monetary fines imposed by the Department of Home Affairs (DHA).
3. Deportation Risks:
o You risk detention and deportation under Section 32 of the Immigration Act.
4. Future Visa Denials:
o An expired visa record may lead to visa rejections in the future, even if reapplying legally.

B. Impact on Spousal Rights
• Loss of Rights: Once your visa expires, you lose your legal right to live, work, or study in South Africa.
• Employment Termination: If you have work rights attached to your visa, you may face employment termination since your status is no longer valid.
• Relationship Implications: Your South African spouse cannot legally sponsor you until your status is corrected.

C. Travel Restrictions
1. Leaving South Africa After Expiry:
o If you leave the country with an expired visa, you will automatically be classified as undesirable and banned.
2. Re-Entry Challenges:
o Even after resolving the issue, re-entry into South Africa may require a waiver application that can take 6–12 months to process.

3. Steps to Take Before Your Visa Expires
A. Apply for Renewal in Advance
• Timeline for Renewal: Submit the renewal application at least 60 days before the visa expires to avoid delays.
• Documentation Needed:
1. Proof of Relationship: Marriage certificate or proof of permanent partnership.
2. Proof of Cohabitation: Lease agreements, utility bills, or joint bank accounts.
3. Financial Support Proof: Bank statements or an affidavit confirming financial dependency.
4. Police Clearance Certificate: From South Africa and your home country.
5. Medical Reports: Updated medical and radiological reports.
B. File a Temporary Extension (Form VFS Appeal)
• If renewal is delayed due to processing backlogs, submit a Form VFS Appeal or Good Cause Appeal to the DHA explaining valid reasons for your delay.
C. Transition to Permanent Residency (if eligible)
• If you’ve been married or in a permanent relationship for 5+ years, you can apply for permanent residence to avoid further renewals.

4. Steps to Take If Your Visa Has Already Expired
A. Voluntary Departure to Avoid Overstaying
• Exit South Africa immediately and apply for a spousal visa renewal or new application from your home country.
• Submit a Waiver Request to remove undesirable status if declared such.
B. Legal Representation
• Immigration Attorneys: Hire an attorney to assist in filing a status correction or apply for a special waiver (Form 49(1)(b)) to normalize your situation.
C. Appeal for Overstay Forgiveness
• File an appeal within 10 days of receiving an undesirable status notification.
• Provide supporting evidence of unavoidable delays, such as medical emergencies or Home Affairs processing issues.

5. Benefits of Keeping the Spousal Visa Valid
• Legal Employment or Business Opportunities: A valid visa allows the spouse to work, study, or open a business legally.
• Permanent Residence Pathway: Continuous compliance keeps eligibility intact for permanent residency after 5 years.
• Family Stability: Provides security for spouses and dependents to remain in South Africa without disruptions.
• No Travel Restrictions: Ensures smooth re-entry when traveling abroad.

6. Conclusion
The expiration of a South African spousal visa can lead to serious consequences, including fines, bans, and deportation. It’s crucial to monitor your visa’s expiry date and apply for renewal or transition to permanent residency well in advance.
If your visa has already expired, act quickly by seeking legal advice or submitting an appeal to avoid long-term penalties. Maintaining valid immigration status not only safeguards your ability to live in South Africa but also preserves your eligibility for permanent residence and, ultimately, citizenship.

How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com

How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

Where are you now?
Check our website : www.samigration.com

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Sa Migration with 25 years of real & practical immigration legal advice & unlocking futures

Unlock the Door to South Africa's Thriving Business , Work , Retirement , Study , Spouse , Life partner Landscape with SA Migration
Are you an international entrepreneur seeking to establish a foothold in one of the world's most dynamic emerging markets? Look no further than the South African Business Visa - your gateway to unlocking a world of opportunity in this vibrant nation. Flexible Investment Requirements

South Africa recognizes that not all businesses require a massive R5 million investment to succeed. In fact, the government has identified several key industries where the capital requirement can be significantly reduced - sometimes as low as R600,000 with the help of our expert team at SA Migration. From agro-processing and renewable energy to advanced manufacturing and tourism, there are ample avenues for you to invest and thrive. Diverse Sectors, Endless Possibilities

South Africa's business landscape is a tapestry of diverse and thriving industries. Whether your passion lies in fisheries, software development, automotive components, or creative design, you'll find a welcoming environment that celebrates innovation and entrepreneurship. Our comprehensive list of approved sectors ensures there's an opportunity to match your unique business vision. Streamlined Visa Process

Navigating the visa application process can be daunting, but not with SA Migration by your side. Our team of professionals will guide you every step of the way, ensuring you meet all the necessary requirements to secure your South African Business Visa - both temporary and permanent. Let us handle the complexities so you can focus on building your dream business. Unlock the door to South Africa's thriving business landscape today. Contact SA Migration and let us help you turn your entrepreneurial aspirations into reality.

🚗 Call to Action:
Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.
📞 WhatsApp: +27 82 373 8415
📧 Email: info@samigration.com
🌐 Website: www.samigration.com
Your compliance is our priority—let’s build your future together

How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

Where are you now?
Check our website : www.samigration.com

Please rate us by clinking on this links :
Sa Migration Visas
https://g.page/SAMigration?gm


Get More Info By Following Our Page: https://www.youtube.com/@samigration

Stateless – Born in SA - 18-Year-Old or Older Child of an Asylum Seeker or Refugee for Citizenship in South Africa

Children born in South Africa to parents who are asylum seekers or refugees qualify for South African citizenship upon reaching 18 years of age, under the South African Citizenship Act. Below is the detailed procedure:

Eligibility Criteria
To qualify, the applicant must:
1. Birthplace and Residency:
o Be born in South Africa and have resided in the country from birth until the age of 18.
2. Legal Documentation:
o Be included in the parents' asylum seeker or refugee file and have maintained valid status throughout their residency..
3. Valid Birth Certificate :
o Have a birth certificate issued under the Births and Deaths Registration Act (BDRA) 51 of 1992.

Application Process
1. Compile Supporting Documents
o South African Birth Certificate:
 Issued at birth or during a late registration process.
o Proof of Residency in SA :
o Parental Documentation:
 Copies of the parents' valid asylum seeker or refugee permits.
o Language Proficiency:
 Certificates or letters confirming proficiency in an official South African language.
o Proof of Identity:
2. Attend an Interview:
o The applicant may be required to attend an interview at the DHA.
3. Receive Confirmation:
o If the application is approved, the applicant will receive a certificate of naturalization as proof of citizenship.

Key Considerations
1. Timeliness:
o Applications must be submitted after the child turns 18 and no later than a reasonable time afterward to ensure compliance with the law.
2. Accuracy:
o Ensure all forms are accurately filled out and documents are valid and up to date.
3. Statelessness Prevention:
o The procedure aims to prevent statelessness by providing a clear pathway to citizenship for children who meet the criteria.

Additional Assistance
If the process seems complex, applicants can seek help from:
• Legal aid organizations specializing in refugee and asylum seeker rights.
• Immigration consultants or lawyers such as ourselves familiar with South African citizenship laws.

• How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com

How do I change my status from asylum seeker to resident?

The short answer
A person applying for temporary residence has to apply from outside of the country, but you can get an exemption from this by applying to Home Affairs through VFS Global..

The whole question
I am a refugee from Bangladesh. How do I change my status from asylum seeker to resident?

The long answer
Thank you for your email asking about changing your status from asylum seeker to resident.
You have probably heard that the Constitutional Court ruled in 2018 that any foreigner, including refugees and asylum seekers, could apply for temporary or permanent residence, and that this could be granted if the person fulfilled the requirements of the Immigration Act.

A person applying for temporary residence has to apply from outside of the country, but you can get an exemption from this by applying to Home Affairs. (This is called a Waiver of Regulation 9(5)). VFS Global, the company that processes applications for Home Affairs, says that it will immediately accept submissions at all their offices for exemptions from having to apply for temporary residence from outside the country. A person applying for permanent residence can apply from inside the country.

A temporary residence visa includes a study visa, a business visa, a critical skills visa and a spousal visa. All of these will have different qualifications. In terms of the spousal or life partner temporary visa, a person must have been living in a proven relationship with a partner for more than two years. In terms of permanent residence applications for spouses or life partners, you must have been in a proven relationship for more than five years, and emotional and financial support must be proved. You may have to be interviewed.
To apply for Temporary or Permanent Residency, you need to have the following documents ready:
• Proof of residence or spousal citizenship in South Africa
• Government issued Marriage Certificate (if you are married)
• A letter of support from the partner that holds citizenship/permanent residency
• Proof of current mental records and well-being
• A completed temporary or permanent residency application form
You could ask the following organisation for advice and assistance
🚗 Call to Action:
Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.
📞 WhatsApp: +27 82 373 8415
📧 Email: info@samigration.com
🌐 Website: www.samigration.com
Your compliance is our priority—let’s build your future together