In June 2014 the Department of Home Affairs amended the Immigration Act. The Study Visa / Study Permit was one the categories affected.

Background

For both standalone and dependent students who made applications prior to June 2014 for permission to study in South Africa, the application made would have been for a study permit.
The terminology, study permit, has now been replaced and post June 2014 all applications will be for a study visa.

What effect does this have?

The change in terminology in itself it somewhat superficial. The rationale behind the decision, to alter the naming from study permit to study visa, was simply to draw a distinction between temporary residence (VISA) and permanent residence (PERMIT). As an application for permission to study is a temporary residence application it will therefore now be referred to as a study visa.

What if you hold a study permit already?

If you are an existing study permit holder there is no need for concern. The conditions under which your study permit was issued still remain. In short, you have permission to attend the learning institution that was specified in your study permit application as well as work for 20 hours per week.

Will I be able to renew my study permit?

Technically the answers is no as a study permit no longer exists but in reality you will simply make an application for a study visa. You can read more about renewing your study permit / visa here.

Have there been any changes to the study visa?

Yes there have. We repeat – these do not effect your existing study permit. In case you are thinking of renewing your study permit (now a study visa) you should be aware:

• Study visa’s will only be issued where the learning institution is approved by the Department of Higher Education and Training.
• You must apply for a new study visa at least 60 days prior to the expiry of your study permit.
• There is a greater emphasis placed upon the leaning institution to ensure you comply with the conditions of your study visa. This will see stricter controls and accountably put into place.
• Those who have completed a Phd in South Africa will now qualify for a work permit under a new category called the critical skills work visa.

The South African Immigration Act allows applications for permanent residence from those who have a first kin relationship with either a South African Permanent Resident or Citizen. This category of permit is known as a relatives permit.

You can learn more about the relatives permit by viewing the below information, or if you prefer the human touch simply call us on any of the above numbers, request a call back here, or email your enquiry.

What is a first kin relationship?

The regulations that govern the relatives permit define a first kin relationship as:

• Parent.
• Child.

Therefore an application for immigration, under the relatives permit can be made by the:

• Child of a South African citizen or permanent residence holder.
• Parent of a South African citizen or permanent residence holder.

About the role of the South African citizen or permanent residency holder.

Applications for a relatives permit have two parties:

1. The sponsor – this will be the South African citizen or permanent residence holder.
2. The applicant – this will be the ‘foreigner’ wishing to obtain residence in South Africa.

What must the sponsor do?

As with most permit or visa classes the Immigration Act seeks to ensure that immigrants to South Africa are able to either support themselves, or have some sort of financial support in place to support them.

With the relatives permit the sponsor acts as the financial support for the applicant. Therefore the required sponsorship amount can only be met by the sponsor.

How long will the application for a South African relatives permit take?

The compilation and submission of the application is fairly quick but backlogs can experienced in the decision making process. The decision making process is the sole responsibility of the Department of Home Affairs and whilst they publish guidelines for this there are often delays. In some cases these are extreme meaning the relatives permit is not issued for up to 2 years.

If your plans dictate your need to arrive in South African prior to this period, you should consider other visa options, which include the relatives visa (temporary residency) which is processed much quicker.

Does the applicant submit from overseas or in South Africa?

The spouses, life partners and children (minor or major) of South African citizens and permanent residents can submit their relative visa applications in South Africa from a visitors visa, following the issuance of Directive 7 of 2019 implemented in July 2019.

Unfortunately, this does not extend to parents of South Africans. Parents and other eligible relatives must submit their visa applications at an embassy or consulate abroad.

Can you work as a relative permit holder?

As a relatives permit provides the holder with permanent residence status once this is granted you will be permitted to work, run a business or study with no further permissions required from the Department of Home Affairs.

As an example if you are seeking employment you can apply and take up the role exactly the same as a South African Citizen can. There is also no extra responsibility on the employe

www.samigration.com

A Life partner visa for South Africa is a form of relatives visa. They can be applied for by applicants who wish to join either:

• Their partner who is a South African Citizen
• Their partner who is a South African Permanent Resident

It is more and more common for couples to not get married and the provision of a life partner visa in South Africa’s immigration rules caters for those in permanent relationships but not spouses.

Need to knows about a Life Partner Visa South Africa

1. With a spousal visa proof of the relationship is easy – a marriage certificate. Proving the relationship for a Life partner visa is not so straight forward. The criteria as laid down by the Department of Home Affairs specifies “such relationship must be intended to be permanent, exclude any other person and involve cohabitation, an obligation of mutual emotional support between the parties and a reciprocal obligation to support one another financially …” It therefore follows that the application for a life partner visa for South Africa focuses on the evidence of this relationship.
2. An application for a Life Partner visa now requires the applicants to have lived with the South African Citizen or Permanent Resident for a period of 2 years. If you do not posses this proof you will need to look at another visa option.
3. Applications for a Life Partner visa can be submitted abroad in country of origin or the country where you hold residence. Alternatively, submission can be done in South Africa when one is on a visitors visa (generally issued for 90 days). This is a new development that came into effect in July 2019.
4. Working on life partner visa is not permitted, nor is running a business or studying. A life partner visa is purely permission to enter and stay in South Africa with your South Africa partner. However, that said, holding a life partner visa, or an entitlement to apply for it, does provide applicants wishing to undertake some form of activity with a huge advantage. Applicants may apply for an endorsement to work, study or run a business rather than make a stand alone visa application under the specific category i.e. work, business or study which means meeting far less stringent criteria.
5. The endorsement process for a life partner visa can be applied for in two ways:- At the time of the application for the life partner visa- At any time when holding a life partner visa. The right to apply is of particular importance as many foreign partners have not secured employment or ‘set in stone’ their plans when making their initial application. For more details on endorsements to life partner visas see here.
6. Applications for permanent residence cannot be made on a life partner visa, but can be on a life partner permit. This is where the applicant is able to prove that the relationship has been in existence for a period of 5 years or more.For relationships that are yet to hit their 5 year anniversary, or lack substantive proof of such, then the life partner visa is the only option other than assessing their qualification under another criteria.

It is also worth bearing in mind the processing time for life partner visa applications for permanent residence. This can take up to 3 years for the Department of Home Affairs to process. So unless the planned move to South Africa is made well in advance, there is every likelihood that even when the permanent residence rules can be met an application for temporary residence (life partner visa) will also need to made.

www.samigration.com

The below information on Partners Visa and Permit options for South African immigration includes:

• Those who are married to a South African citizen or permanent residence holder
• Those who are in life partner relationships with a South African citizen or permanent residency holder

What partner visa and permits options are there?

There are various options available under the partner visa and permit section of immigration regulations for South Africa. South Africa’s immigration rules differ for partners depending upon 2 main criteria:

• Whether you are married or a life partner; and
• How long you have been in your relationship for.

www.samigration.com

Birth, descent, naturalisation, marriage and in the event of being stateless.

The criteria for citizenship in each of the following categories are –

• Birth: Applies to any person born in South Africa with at least one parent being a South African citizen.

• Descent: Applies to persons born outside of South Africa to a South African citizen(s) or were adopted by a South African citizen. The birth had to be registered in accordance with the act that governs such applications.

• Naturalisation: Applies to persons who have lived in South Africa for a prescribed time with a permanent residency permit.

• Marriage: Spouses of South African citizens qualify for citizenship after a prescribed time.

• Stateless: Individuals born in South Africa with no claim to any other citizenship

Specialised citizenship services extend but are not limited to the following matters –

• Retention of citizenship: Where an application is made to the Minister of Home Affairs prior to applying foreign citizenship as a formal or voluntary act.

• Loss of citizenship: Where an individual loses his/her citizenship, either automatically or involuntarily. Citizenship can either be resumed, if qualifying factors apply, or individuals can opt for a permanent resident status.

• Resumption of citizenship: Individuals may apply to have their South African citizenship reinstated if they are a former citizen by birth or descent, or living in South Africa as a permanent resident.

• Renunciation of citizenship: Where individuals voluntarily gave up citizenship, in favour of another citizenship, particularly in cases where dual nationality is not permitted.

• Confirmation of status: Applies to individuals who have involuntarily lost their status and have no documentary proof to apply for their status.

• Certificate of citizenship status:  A certificate confirming South African citizenship status (when in doubt or otherwise).

• Exemption applications: Any person applying to the Minister to be exempt from any statutory provision.

www.samigration.com