The short answer
To be on the safe side, perhaps it would be wise to apply for temporary visas for the family, as well as permanent residence for the whole family, you included.

The whole question
I hold a temporary visa. Can I apply for permanent residence from my home country so that I can apply together with my family? Does my family need to have temporary visas first or can they just apply for permanent residency at the same time as me?

The long answer
In answer to this question: Can my accompanying family apply for permanent residence with me at the same time? samigration . says the following:
“Yes, as long as the applications of the whole family are submitted at the same time then the immediate accompanying family of foreigners applying for permanent residence may apply together. Should the applications not be submitted at the same time, the accompanying family will need to wait for the successful outcome of the main applicant’s permanent residence application to be in a position to apply for permanent residence as his or her immediate family. The foreign spouse of a permanent resident applicant is only eligible to apply for permanent residence having been espoused for at least 5 years.”

As a temporary residence permit has to be renewed online at VFS Global, 60 days before it expires, Sa Migration adds, “In the first instance, it is possible in most cases, for the individual to apply for permanent residency at the same time they apply for temporary residency. The Department of Home Affairs currently has a backlog of permanent residency applications and therefore the processing of these can take anywhere between 12 and 30 months. However, in many cases the permanent residency will be issued before the temporary residency expires, therefore negating the issue of an expired temporary visa.”
As you know, a temporary visa holder can apply for permanent residence after five years of staying in South Africa on the basis of a work permit. It is possible to apply for permanent residency) from outside South Africa as well as within South Africa.

But as Home Affairs says that the permanent residency permit “is also applicable to spouses and dependents of South African citizens/permanent residence permit holders” (my emphasis), it is not clear to me whether the accompanying family must first apply for temporary visas or not. To be on the safe side, perhaps it would be wise to take Intergate Immigration’s tip and apply for temporary visas for the family, as well as permanent residence for the whole family including the main holder of the temporary visa at the same time.

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Are you looking to expand your business, invest in a new market, or simply experience the vibrant culture of South Africa? Look no further! Our team is excited to introduce you to the various visa options available in South Africa, tailored to meet your unique needs and goals.

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If you have applied to have your undesirability status uplifted in South Africa and have not received an outcome after a reasonable amount of time, here are steps you can take to follow up and resolve the situation:

1. Understand the Process
• The application to uplift an undesirability status is typically submitted to the Department of Home Affairs (DHA) and can take several weeks to months for processing.
• Processing times can vary depending on the complexity of the case and the workload of the DHA.

2. Check Application Status
• If you submitted your application through VFS Global, you may be able to check the status of your application on their website using your application reference number.
• If you submitted the application directly to the DHA, you can inquire in person at the relevant DHA office or contact their call center.

3. Contact the Department of Home Affairs
• Reach out to the DHA via their contact center or customer service lines to inquire about the status of your application. Have your reference number handy for easier tracking.
• Consider writing a formal letter or email to the DHA, including your details and application reference number, requesting an update on your status.

4. Visit the DHA Office
• If you are in South Africa, consider visiting the DHA office where you submitted your application to inquire in person. Bring along any relevant documents, including proof of submission, for reference.

5. Seek Assistance from an Immigration Consultant or Lawyer
• If you have not received any response after multiple inquiries, it may be beneficial to consult an immigration lawyer or consultant who specializes in immigration matters in South Africa. They can help:
o Assess your situation and guide you on the next steps.
o Contact the DHA on your behalf to expedite the process.
o Review your application to ensure everything is in order.

6. Consider Filing a Formal Complaint
• If you feel that your application is being unduly delayed, you may consider filing a formal complaint with the Department of Home Affairs regarding the lack of response.
• Provide all relevant details and documentation to support your case.

7. Be Patient but Proactive
• The review and decision-making process can sometimes take longer than expected due to administrative delays. While it’s essential to be proactive in following up, it’s also crucial to remain patient as the DHA processes your request.

8. Keep Records
• Maintain thorough records of all communications with the DHA, including dates, names of individuals spoken to, and any written correspondence. This documentation may be useful if further action is required.

9. Consider Alternative Options
• If your application to uplift undesirability is not resolved in a timely manner, discuss with your immigration consultant or lawyer about any alternative options available to you, including reapplication or appealing any decision if necessary.

Conclusion
If you have applied to uplift your undesirability status and have not received a response, start by checking the status of your application through VFS Global or the DHA directly. Reach out to the DHA for updates, and consider consulting with an immigration expert if the delay persists. Document all your communications and stay proactive in resolving the issue.

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Financially Independent Visa

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• Net Asset Requirement: Show a net asset value of at least R12 million.
• Non-Refundable Fee: Pay a non-refundable amount of R120,000 to the Director General of Home Affairs.
• Permanent Residency: Successful application leads to permanent residency.

Retired Persons Visa
Planning to retire in South Africa? The Retired Persons Visa offers a seamless transition:
• Long-Term Stay: Issued for periods exceeding three months.
• Financial Proof: Provide evidence of a pension, annuity, or retirement account ensuring a prescribed minimum income for life, or a minimum net worth.
• Work Authorization: The Department may grant work rights under specific conditions.
• Flexible Sojourn: Stay in South Africa on a seasonal or continuous basis for up to four years, with the option to renew multiple times.

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At SA Migration Services, we specialize in making your transition to South Africa as smooth as possible. Our professional team offers:
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Ready to enjoy the freedom and beauty of South Africa? Contact us today to start your journey with a Financially Independent or Retired Persons Visa.

Get in Touch
🚗 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

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Home Affairs is the only body which can verify the status of an employee, but it is an exceptionally slow and dysfunctional body.
As I’m sure you must know, in terms of section 38(2) of the Immigration Act, the employer must try by all means to ascertain the status of the persons he employs and ensure that he does not employ an illegal foreigner.

Section 49(3) of the Immigration Act says that anyone who knowingly employs an illegal foreigner or a foreigner in violation of the Immigration Act shall be guilty of an offence and liable to a fine or a period of imprisonment not exceeding one year for a first offence.

It is also as well to heed what Labour Guide says about the law:
“The law does not declare that a contract of employment concluded without the required permit is void nor does it provide that a foreigner who accepts work without a valid permit is guilty of an offence. What is prohibited is the act of ‘employing’ a foreign national in violation of the law. All the liability is therefore attributed to the employer and the law does not penalise the action of the foreign person who accepts work or performs work without valid authorisation. It is the illegal employment of a foreigner that is prohibited.”

“Therefore,” it goes on, “a foreign national whose work permit expires whilst employed, or who is employed without a relevant work permit is still an ‘employee’
“It is important to understand that employers must still act fairly towards foreign employees, regardless of the legality of the employment.”
In other words, every employee in South Africa is protected by the LRA, not just citizens.

Get in Touch
🚗 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