Business Visa

SA Migration | 16 Jan 2023

South Africa is a country that welcomes much-needed foreign investment. Therefore, a section of South African immigration legislation deals specifically with foreign individuals wishing to conduct business in the country or invest in a South African company.

If you are trying to start your own business, take over an existing business, or invest in a company in South Africa, you need to apply for a Business Visa. Furthermore, you will need to invest a prescribed financial capital contribution, and at least 60% of your workforce needs to be South African.

The capital requirement may be reduced or waived for the following industries:

• Information and communication technology

• Clothing and textile manufacturing

• Chemicals and biotechnology

• Agriculture processing

• Metals and minerals refinement

• Automotive manufacturing

• Tourism

• Crafts

You should also show proof of the following:

• Certification by a chartered accountant of an amount determined by the minister or a capital contribution

• A recommendation from the Department of Trade, Industry and Competition (DTIC) regarding the feasibility of your business plan

• Undertaking to register with an appropriate statutory body, depending on the nature of the business

• An undertaking to register with the South African Revenue Service (SARS)

The processing time is within 40 working days and the cost is R1,520 for the application plus R1,350 for the service fee.

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Non-immigrant South African visas (long-term)

Study Visa

Foreigners who want to study in South Africa, at any level, must apply for a Study Visa before they arrive in the country. This applies even if you are coming to South Africa as the dependent of someone who is coming to work there. International students applying for scholarships in South Africa may also require a study visa first. You can read more about how to apply, as well as the requirements, in our Guide to student visas in South Africa.

Exchange Visa

Young people aged 25 and under can apply for an Exchange Visa in order to participate in economic, cultural, and social exchange programs in South Africa. Notably, these programs must be affiliated initiatives between a South African state body or higher education institution and an international organization or education institution.

The University of Cape Town in South Africa 

It is important to note that these visas are only valid for the duration of the program and cannot be renewed or extended. The documents required depend on the exchange program and the processing time is within 40 working days. You will need to contact the embassy to find out the costs as these can vary.

Work Visas

There are four primary types of work visas available for South Africa, and these depend on the applicant’s situation. You can read more about these in detail in our Guide to getting a South African work visa.

In short, these main work visas are:

• General Work Visa

• Critical Skills Work Visa (GSWV)

• Intra-Company Transfer Visa (ICT)

• Corporate Work Visa

General Work Visa

The General Work Visa is the most common type of work visa for South Africa. To obtain one, the employing company must show documentary proof that they tried to employ a South African citizen first and could not fill the position; for example, showing advertisements of the position in the local media.

Secondly, the applicant must submit proof of their qualifications and experience. The South African Qualifications Authority must also approve their qualifications. General Work Visas are valid for the duration of the contract up to five years.

Critical Skills Work Visa (CSWV)

The South African government considers some skills to be in short supply in the local labor market. This has allowed employers to recruit suitable candidates from abroad who meet these skill-shortage demands. A person with these coveted skills or qualifications may obtain a Critical Skills Work Visa without securing a specific position at the time of application. Having published articles, a doctorate, or being an expert in a field will also strengthen your application.

Some of the skills currently considered as critical are:

• Agricultural engineer

• Boilermaker

• Business analyst

• Financial investment advisor

• Geochemist

• Geologist

• IT security specialist

• Mining technician

• Nursing professionals

• Pressure welder

• Soil scientist

• Urban and regional planner

The most recent list of critical skills catalogues positions that can be filled by formally qualified foreigners who have a minimum of five years of practical experience.

You should be able to provide proof of:

• Relevant qualifications as certified by the South African Qualifications Authority (SAQA), including authenticated copies of academic certifications or degrees; notably, any qualification certificates not in English require a translation from a certified translator

• Registration with the relevant South African professional body, trade organization, board or council, if your field requires such permission

You can find the complete list of conditions for the Critical Skills Work Visa here. The processing time is within 20 working days, and the costs are R1,520 for the application fee and R1,570  for the VFS service fee.

Intra-Company Transfer Visa (ICT)

It is not uncommon for multinational companies to transfer employees between countries. When a person moves to South Africa, they must apply for the Intra-Company Transfer Visa (ICT). Notably, an applicant must have first worked for a minimum of six months in the company’s foreign office before applying to relocate to the South African branch.

An Intra-Company Transfer Visa lasts for four years and is not extendable. Applicants must also apply for a new ICT from their country of origin or permanent residence. The processing time is within 60 business days and the costs are R1,520 for the application fee and R1,350 for the service fee.

Corporate Work Visa

Suppose a business, often in the farming, mining, or engineering sector, needs to recruit a larger number of international workers due to a domestic skills shortage. In that case, it needs to apply with the number of workers required and provide specific job descriptions. The employer must also prove that they could not find employees with the relevant skills in the South African labor market.

If the Corporate Work Visa is approved, then the Department of Home Affairs (DHA) will issue each employee with a Corporate Workers Certificate. The employer will then convert this into a Corporate Workers Visa. This is valid for up to three years in South Africa.

The processing times for Corporate Work Visas is up to 60 days, and the costs are R1,520 for the application fee and R1,350 for the service fees; these are paid by the employer and employee, respectively.

Other visas under the Work Visa category include:

• Treaty Visa

• Volunteer Visa

• Academic Sabbatical Visa

• Research Visa

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Temporary Residence Visa (TRV)

SA Migration | 16 Jan 2023

While processing times for visas under this category vary, they typically take up to 60 business days from the date of submission. However, it can take up to 10 days to process the Visitor’s Visa and Holiday Visa.

When applying for a Temporary Residence Visa, you must meet the following criteria:

• Hold a valid passport with at least two blank pages, which only expires a month after your intended departure date from South Africa

• Ensure your temporary residence permit remains valid

• Submit the online application and required documentation at any VFS.Global visa facilitation center or at the South African embassy in your country of residence or citizenship

• Provide a yellow fever vaccination certificate (when applicable)

The following supporting documents are not required for the Visitor’s Visa but all other Temporary Residence Visas:

• Radiological and medical reports

• Biometrics

• Criminal clearance certificates (not older than six months)

• A completed BI-1738 form (not applicable for a Visitor’s Visa)

Discover the 10 most beautiful places to visit in South Africa

You can follow this simple step-by-step guide on how to apply for this visa. Notably, it is possible to transfer or rectify a Temporary Resident Visa in the case of damaged, lost, or stolen passports, but only if the passport is still valid.  

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Non-immigrant South African visas (short-term)

Visitor’s Visa (Holiday/Tourist Visa)

Tourists wanting to visit South Africa can apply for a Visitor’s Visa, which allows them to enter the country for a maximum of 90 days.

Currently, 52 nationalities can enter South Africa visa-free for up to 90 days, and another 28 nationalities are exempt from visas when visiting for a maximum of 30 days. You can find the full list of visa-exempt countries here. Processing times typically range between five and 10 days, but applicants are advised to apply well in advance in order to avoid delays. The costs include an application fee of R425 and a service fee of R1350. 

While they are in South Africa, tourists can extend their Visitor’s Visa at a visa facilitation center or through a registered immigration practitioner 60 days before the visa expiration date. Just be aware that renewal is not automatic and may not be the same duration as the original visa. Because most visitor visas are only granted for single entries, you will need to lodge a new application to enter again, once you have left the country. You will also need to leave the country and apply from your country of residence if you want to switch to another type of visa.

Other types of long-term visitor visas

Under the Immigration Act, there are 12 additional long-term visitor visas on offer for purposes other than tourism. These are as follows:

• Academic sabbaticals

• Voluntary or charitable activities

• Research (includes visiting professors and lecturers)

• Accompanying spouses and children of temporary residence visa holders

• Teachers at international schools

• Film and television crews and actors

• Foreign journalists working for a foreign news agencies

• Artists who wish to write, paint or produce sculptures

• Foreign entertainers on tour

• Tour hosts and leaders

• Foreigner (state) witnesses testifying in criminal court cases

If you wish to apply for one of these visas, you will need to present the following documents:

• A valid passport with at least two blank pages; expiring no less than a month after your intended departure 

• A return air ticket

• Proof of sufficient funds for the duration of your stay

• Proof of host address or hotel reservations 

The new South African Electronic Visa (i.e., holiday or visitor’s visa) has been trialed with visitors from Kenya and India and is expected to be launched and available to nationals of 14 countries in 2022.

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Who needs a South African visa?

SA Migration | 16 Jan 2023

Anyone traveling to South Africa will need a visa to enter the country; be it for a holiday, visiting family, joining a partner, living, working, or studying. However, some countries are exempt from this rule.

When traveling with a child under 18, you should always check the current South African visa requirements and child policy as these sometimes change. From 8 November 2019, for instance, foreign children traveling with their parents no longer need to present parental consent letters or birth certificates. Nonetheless, it can’t hurt to keep a parental consent letter and birth certificate handy just in case.

Essentially, an applicant’s nationality and reason for entering South Africa determine the type of visa they require. Applicants must also petition in person and supply supporting documents, such as medical and biometric data, a passport valid for at least one month after leaving South Africa, and financial records.

If you reside outside of South Africa, you will need to book an appointment at the embassy or consulate in your country of citizenship or residence. However, if you are already in South Africa and want to apply for a different visa or extension, you must book an appointment at one of the visa facilitation centers which are managed by VFS.Global. It is also critical to stay updated with the latest travel restrictions to South Africa concerning the current global COVID-19 pandemic.

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Types of South African visas

Visas for South Africa are categorized under two main branches: Temporary Residence Visa (TRV) and Permanent Resident Permit (PRP).  

The type of visa you require, as well as the documents, costs, and processing time, will depend on your reason for entering South Africa, your nationality, and at which consulate or embassy you apply. And because processing times can vary between consulates and may often take longer than expected, it is advisable to apply for your visa well in advance.

The Temporary Residence Visa (TRV) is broken down into several categories based on different reasons for entering South Africa. These are as follows:  

• Visitor’s Visa: for tourism purposes of no longer than 30 or 90 days

• Business Visa: allows a person to enter the country for up to 90 days to work or invest in the economy

• Study Visa: allows a person to study on a primary, secondary, or tertiary level for the duration of the course

• Exchange Visa: for applicants who are 25 years old or younger wanting to participate in cultural, social, or economic exchange initiatives

• General Work Visa: allows entry to a person with specific, in-demand skills for the duration of their work contract

• Relative Visa: immediate family members of South African citizens or residents can apply to stay in South Africa for a maximum period of two years at a time

• Medical Visa: allows a stay of six months for medical treatment

• Retired Person’s Visa: pensioners with the financial means can apply to retire in South Africa

You can find a more detailed explanation of the numerous types of visas and permits for South Africa further down this guide.

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Want to visit, live, work, or study in the rainbow nation? 

SA Migration | 16 Jan 2023

We explain how to apply for the correct visa for South Africa based on your situation.

South Africa is a beautiful and culturally diverse country that offers unique experiences and exciting opportunities for all. However, many tourists and migrants wanting to cross her rugged shores must first apply for a South African visa if they are planning to visit, live, work, or study in the country; or perhaps join a relative or partner there. Furthermore, your nationality and reasons for coming to South Africa will dictate what type of visa you need.

Luckily, this guide is here to explain the conditions of each type of visa for South Africa to help you choose the correct permit. But before we delve into that, it’s important to know that this information serves only as a guideline. Ideally, you should seek specific advice from the Department of Home Affairs (DHA) or its official immigration partner, VFS.Global, which manages all visa applications and visa facilitation centers of the DHA. Just note that only the DHA can issue visas and permits for South Africa and VFS.Global do not influence the outcome of the application.

The guide includes the following information on permits and visas for South Africa:

• Immigration in South Africa

• Who needs a South African visa?

• Types of South African visas

• Temporary Residence Visa (TRV)

• Non-immigrant South African visas (short-term)

o Visitor’s Visa (Holiday/Tourist Visa)

o Other types of long-term visitor visas

o Business Visa

• Non-immigrant South African visas (long-term)

o Study Visa

o Exchange Visa

o Work Visas

o Relative Visa

o Medical Visa

o Retired Person’s Visa

• Asylum seekers and refugees in South Africa

o The process for seeking asylum or refugee status in South Africa

o Requirements for applying for a Permanent Resident Permit (PRP)

• Permanent Residence Permit (PRP)

• Citizenship in South Africa

• Arriving in South Africa

• Appeals and complaints

• Useful resources

SA Migration

Thinking about relocating to South Africa? Make sure you start your South African adventure on the right foot by checking out your options on SA Migration. Compare quotes from some of the world's biggest relocation specialists and find the right option for you and your family. Start your new life right with SA Migration.

Immigration in South Africa

South Africa is the most industrialized economy in the region with a culturally diverse population of over 60 million people and 11 official languages. According to a survey conducted by HSBC in 2019, 62% of expats who moved to South Africa saw an improvement in their quality of life compared to their home countries. Furthermore, 55% planned to reside in South Africa for more than 20 years. 

The county’s attractive climate, thriving outdoor lifestyle, and general quality of life were among the reasons for wanting to remain there longer. In 2020, South Africa also ranked as the 38th most appealing country for expats in HSBC’s Expat Explorer Survey, based on living, aspiration, and mindset criteria.

Read our Guide on the cost of living in South Africa

However, as a society, South Africa does have its problems. Indeed, general safety, security, and racial tensions remain the biggest concerns among expats living or considering moving to the country. You can gain a better understanding of South Africa by reading our guides on where to live, the society and history, and the cost of living in the country. Furthermore, these may help you make a more informed decision about whether to move there.

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Section 10 of Births and Deaths Registration Act 'impairs dignity of unmarried fathers' - ConCourt 

Groundup | 16 January 2023

Section 10 of Births and Deaths Registration Act has been declared unconstitutional. 

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• The Constitutional Court has declared a section of the Births and Deaths Registration Act unconstitutional.

• The section does not allow an unmarried father to register his child's birth under his surname, unless the mother gives consent or is present.

• A ConCourt judge says there is no justification for differentiating between married and unmarried fathers.

The Constitutional Court has declared section 10 of the Births and Deaths Registration Act - which does not allow an unmarried father to register his child's birth under his surname, unless the mother is present or gives consent - unconstitutional. 

In a judgment by Justice Margaret Victor on Wednesday, which was read out by Justice Steven Majiedt, the court found there was no justification for differentiating between married and unmarried fathers.

"Section 10 of the act impairs the dignity of unmarried fathers, whose bonds with their children are deemed less worthy than the children of married parents," Majiedt said. 

The apex court confirmed a 2020 ruling by the Eastern Cape High Court, which found the act invalid and inconsistent. 

Father Menzile Lawrence Naki approached the court after the Department of Home Affairs refused to register his child under his surname because the mother was an undocumented Democratic Republic of Congo national.

Consent

The department would also not allow him to register the birth, without the mother's consent.

Chief Justice Mogoeng Mogoeng was one of two dissenting justices. He acknowledged that the act discriminated against unmarried fathers, but held the discrimination was reasonable, justifiable and fair. 

"The chief justice holds that children are vulnerable and their best interests are of paramount importance in issues that concern them have to be addressed. 

"The chief justice further reasons that they must be protected and not exposed to the risks of being easily claimed and adopted by people, whose relationship with them or subsequently to be in their lives, has been established," said Majiedt.

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