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What is a waiver?

The immigration act in South Africa grants the Minister of Home Affairs the authority to waive specific requirements of the act. When a requirement is waived, an individual or corporation is exempt from that requirement. Simply put, the minister can waive a specific requirement if there is a “good cause.” Your waiver application must be well-justified to convince the Department of Home Affairs to grant the exemption. The applicant must provide sufficient evidence to support the waiver request, and the Department of Home Affairs will decide whether to approve or deny the waiver.

Types of South African Visas: When to Apply for a Waiver

1. Business Visa: Apply to reduce the investment amount requirement of R 5 million if you receive a positive outcome from the Department of Trade and Industry.

2. Family Visa: When unable to obtain a police clearance certificate.

3. Labour Certificate: Apply to waive the Department of Labour certificate.

4. Corporate Visa: A business may apply for a blanket waiver for the same requirement.

5. Temporary Residence Visa: If unable to travel back to your country of residence to apply.

Undesirable Persons and Visa Appeals

If declared an undesirable person and banned from South Africa, you must apply to have your name cleared before returning. For more context, refer to my article, “What is the penalty for overstaying in South Africa.” If your visa is rejected, you will need to go through the visa appeal process in South Africa.

How to Get a Waiver Letter in South Africa

Option 1: Write the Letter Yourself

You can write the waiver letter yourself and include it in your application. Here’s how:

• Use formal language.

• Choose your words wisely.

• Acknowledge the reader and thank them for their time.

• Proofread your letter.

When detailing your reasons for the waiver, ensure they are valid, stick to the facts, avoid irrelevant topics, steer clear of complaints, and ensure your letter is easy to understand.

Option 2: Use an Immigration Consultant

An immigration consultant can handle everything for you. They have experience with applications and numerous waiver templates. They understand the process and know how to draft the letter for you to maximize your chances with the Department of Home Affairs. The cost varies depending on whether you use an immigration consultant or lawyer.

How Long Does a Waiver Take to Get Approved?

The waiver process in South Africa can take 7-12 months, so apply before your visa expires. You must have valid temporary residence or status in South Africa to apply. Submit your waiver through VFS in South Africa, and schedule an appointment on their website to submit your application.

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

What are the key services a Visa Consultant Provide?

SA Migration - Immigration Consultants

Why would I hire an Immigration consultant to apply for a Visa? This was the question in the mind of Tanuj, when he was planning to apply for a South African PR visa for the very first time. In fact, this is the question that comes in the mind of every Visa applicant when he goes on to apply for a foreign visa. Well, let’s first find out what happened to Tanuj?
Tanuj had heard a lot about a few consultants involved in wrong practices and making money out of the immigration applicants by misguiding them. So, he decided to apply himself, despite having very little knowledge about visa process of South Africa. Unfortunately, he failed to register properly on the online immigration system of South Africa and also got stuck with the procedural guidelines. Now, finally he decided to contact a consultant for immigration to South Africa and begun the process again. Luckily, this time round he got successful and received an invite from authorities to apply for visa. what Tanuj said...?
If I had gone with SA Migration the first time I would have saved myself so much heart ache , cost , disappoint – They know their subject – I can highly recommend them
Can you apply for a Visa without immigration Consultant?
This might have happened so many times around you. A person applies for the visa himself, gets it wrong, and finally opts to hire a consultant. It’s not that you can’t apply without the help of a consultant however, it depends on the individuals, i.e. how knowledgeable or well versed you are with immigration procedure of the country you are applying to.
If you are confident and informed enough about visa procedure and immigration guidelines, you can apply on your own and secure your visa too. On the other end, if you are not sure about immigration procedure, it is strictly advised not to go for it on your own and take service from a genuine and registered immigration consultant. Immigration to any country involves several procedural things and legal terms, which if you misinterpret, can result in the unwanted delay or denial of your visa.
What are the Services an immigration Consultant offer?
It’s crucial to understand here that not every immigration consultant is fraudulent. There are consultants who are genuine and offer the quality immigration services as well to ensure that you get timely visa approval. Hence, it all depends how you choose a visa consultant to apply for immigration to another country. Always select a registered immigration consultant that offers all the key immigration services. Below are the key services an immigration consultant usually offers:
• Pre-Assessment: Reviewing the profile of an applicant and doing thorough assessment to determine his/her eligibility for the given visa category or program.
• Documentation Assistance: Informing the candidates about all the key documents and helping them in obtaining essential certifications (i.e. IELTS Test, skill assessment, ECA through WES, etc.)
• Letter Drafting: Preparing a letter to be written to the authority.
• Visa Application: Filing visa application to the immigration office, and entering all the details with 100% accuracy to avoid any delay and denial.
• Resume Rebuilding: There are a few immigration consultancies which provide the Resume Rebuilding service as well. They assess your resume and upgrade it, keeping in mind the employers and job market of your destined country.
• Refusal Case Analysis and Refiling: Handling the denial cases and filing the visa again with the authorities after efficiently removing the rejection.
How to Choose a Genuine Immigration Consultant?
As already discussed, the first thing you need check is that the immigration consultant you choose is registered with the immigration regulatory body of your destined country. Apart from this it’s also vital to read the testimonials and review about the company from various online and offline sources.
Explore the website of your immigration consultant closely and find out the key details, i.e. accreditation, testimonials, office address, content quality posted on website (i.e. Blogs, articles, news, and immigration procedures, etc.).
To get further assistance in this regard you may write us to our email id- info@samigration.com .com. We at S A Migration are the leading and registered immigration consultancy service in India specialized in South Africa and Australia immigration. You may visit our website, i.e. www.samigration.com for inclusive information with regard to visa and immigration process of South Africa, Australia, USA, UK, New Zealand, Germany, South Africa, Hong Kong, etc
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Home Affairs is appealing an interdict protecting ZEP holders

An interdict protecting ZEP holders is being challenged in the Supreme Court of Appeal. Archive photo: Tariro Washinyira

• The Supreme Court of Appeal will on Tuesday hear the Department of Home Affairs’ appeal against an interdict protecting ZEP holders.

• The interdict was granted in June 2023 in a case brought by the Zimbabwean Immigration Federation (ZIF).

• Home Affairs argues that the ZEP system was always meant to be temporary and that the minister could decide to end it.

• But the ZIF says that terminating the ZEP will cause irreparable harm to hundreds of thousands of people.

The legal saga over the Zimbabwean Exemption Permit (ZEP) returns to court on Tuesday as the Supreme Court of Appeal (SCA) hears the Department of Home Affairs’ appeal against a ruling that temporarily protected ZEP holders from arrest and deportation.

The interim interdict, granted in June 2023 in a case brought by the Zimbabwean Immigration Federation (ZIF), shielded all ZEP holders — about 178,000 people — while the legality of the permit system’s termination was being challenged.

The validity of the ZEP was last year extended to November 2025.

The Department of Home Affairs is asking the SCA to set aside the interim relief granted to the ZIF, effectively reinstating the department’s ability to enforce immigration laws against ZEP holders until the wider legal questions around the permits are resolved.

In its court papers, the Department of Home Affairs argues that the matter should be considered moot because there’s already a separate high court ruling, in a case brought by the Helen Suzman Foundation, that declared the minister’s decision to end the ZEP system unlawful and set it aside. The department is also appealing that ruling.

According to the department, the permits were always meant to be temporary and subject to the minister’s discretion. It argues that requiring the minister to maintain the ZEPs until Zimbabwe’s economic conditions improve would amount to an indefinite obligation not supported by the law.

In response, the ZIF argues that the department’s appeal fails to take into account the severe human consequences of terminating the ZEP system. These consequences go to the heart of constitutional rights and cannot simply be brushed aside.

The ZIF argues that it is common cause and undisputed that “ZEP holders would likely be deported in the absence of an interdict preventing such deportation” and that “for ZEP holders that are married to South Africans there would be a breakup of families in violation of their rights to family life and dignity.”

They contend that even without deportations, the sudden shift from lawful residency to undocumented status strips permit holders of basic protections. It places jobs, access to education and family stability at risk and opens people to the daily threat of arrest, harassment, or detention.

ZEP holders face irreversible harm, the ZIF argues. Many would not qualify for any other visa, despite having lived, worked, and built families and businesses in South Africa for over a decade.

These are not hypothetical concerns, they say. When the ZEP system was initially terminated, thousands of people were left scrambling to apply for exemptions they were unlikely to qualify for, with no realistic chance of their applications being finalised in time. That uncertainty continues to this day and remains a real and ongoing threat to livelihoods, safety, and dignity.

They claim the department relies on technical arguments to justify ignoring these impacts, but that doesn’t excuse the abrupt and damaging way the policy was ended or the lack of meaningful alternatives for those affected.

The ZIF also rejects the department’s claim that ZEP holders could have applied for other visas instead of relying on court protection. They argue that these alternatives were either unavailable, impractical, or too slow.

The ZEP scheme was created precisely because most permit holders did not qualify for mainstream visas and the department admitted as much in its own court filings, they argue.

This type of South African relationship or life companion permit is available to individuals in legally recognized relationships and can be applied for as either a temporary residence permit or a permanent residence permit, depending on the length of the union or relationshipship in question.

Foreign nationals who are relationships of South African citizens or permanent residents may apply for permanent residence. To qualify, the relationship must have existed for more than five years.

As a country that acknowledges diverse relationshipships and grants them the same legal recognition, South Africa issues relationship permits to individuals in all legally recognized relationships.

The relationship permit falls under the relatives' visa category and is renewable. The visa is typically issued for 36 months at a time but cannot exceed the validity period of the passport. It is a temporary residency visa available to foreign nationals who can demonstrate a committed relationship with a South African citizen or permanent resident holder. The couple must provide proof of a relationship longer than two years.

If you intend to study or work while in South Africa, you must apply for the necessary rights to be added to your visa. Individuals on a relationship permit may request either study, business, or work rights, but not all three. This means that if a work authorization is granted, you may only be employed by an approved employer.

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