Home affairs minister extends validity of Zimbabwean Exemption Permits to next year


Home Affairs Minister Leon Schreiber has extended the validity of Zimbabwean Exemption Permits.
Schreiber announced this in the government gazette on Friday.
He said he would give the Immigration Advisory Board time to do its work to ensure compliance with a court order that found the termination of the permits was unlawful.
Home Affairs Minister Leon Schreiber has extended the validity of the Zimbabwean Exemption Permits (ZEP) to next year.
In the government gazette on Friday, Schreiber announced that he had extended the controversial ZEP to 28 November 2025.

The previous deadline for Zimbabwean nationals to apply for a new one-year permit was Friday.


In the gazette, Schreiber said: "[I have done this] in order for me to fulfil the duty placed on me by the Gauteng High Court to consult the affected ZEP holders and all other stakeholders on the future of the current dispensation."

Before the extension, Zimbabwean nationals who had not applied for a waiver to progress from a ZEP to a general work visa in South Africa had Friday to apply for a new one-year exemption permit, which would have been valid until 29 November 2025.

In the gazette, Schreiber said the Immigration Advisory Board (IAB) would be tasked with considering, advising on, and enabling the steps required for compliance with the order of the Gauteng High Court in Pretoria.

Last year, in June, the court found that the termination of the ZEP was unlawful.

Schreiber added that he would give the IAB time to do its work and ensure a fair process.

The minister said: "I direct that existing ZEPs shall be deemed to remain valid for the next 12 months.

"No holder of a ZEP may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of Section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate."

He further directed: "The holder of an exemption certificate may be allowed to enter into or depart from the Republic of South Africa in terms of Section 9 of the Immigration Act, read together with Immigration Regulations, 2014, provided that he or she complies with all other requirements for entry into and departure from the republic, save for the reason of not having a valid visa endorsed in his or her passport; and

"No ZEP holder should be required to produce a valid exemption certificate, visa or an authorisation letter to remain in the republic as contemplated in Section 32(1) of the Immigration Act when making an application for any category of the visa for temporary sojourn in the republic as contemplated in Section 10 (2) of the Immigration Act."

Before the extension, about 178 000 ZEP holders faced being declared undesirable and deportation if they continued to stay in the country. They also faced the prospect of not being allowed to enter the country for one to five years.


Retiring in South Africa: Visa Options and Requirements


Overview
This document outlines essential information regarding retirement in South Africa, including visa options, requirements, and lifestyle considerations for expatriates.
Introduction
South Africa is celebrated as one of the premier retirement destinations globally, with Cape Town standing out for its breathtaking scenery. Many expatriates are drawn to South Africa for its affordable living costs, favorable climate, excellent private healthcare, diverse real estate options, and advantageous tax regulations. This guide provides comprehensive insights into obtaining a South African Retirement Visa.
Retiring in South Africa
Retiree Communities
There are vibrant American expat communities in cities like Cape Town, Johannesburg, and Durban. Engaging in local clubs and organizations can significantly enhance social integration. The tranquil towns along the Eastern Cape, such as Port Alfred and Kenton-on-Sea, offer serene coastal living ideal for retirees seeking a peaceful lifestyle. These areas provide a quieter alternative to the bustling urban centers while emphasizing community and nature. Notable retirement communities include Zimbali Coastal Resort near Durban and Val de Vie Estate in the Cape Winelands, both offering luxury living and extensive amenities. Activities for Retirees
Retirees can enjoy a wide array of affordable activities in South Africa. Opportunities abound for outdoor adventures like hiking in the Drakensberg Mountains or embarking on wildlife safaris in Kruger National Park. Golf enthusiasts will find world-class courses, while cultural experiences such as museums and music festivals enrich the retirement experience. The country’s favorable climate and stunning landscapes create an ideal environment for exploring new hobbies.
Retirement Requirements
Visa Types
Anyone can retire in South Africa without a specific age requirement; however, proof of financial independence is necessary to apply for a Retirement Visa. Two primary visa options exist: the Retirement Visa and the Financially Independent Visa.
•    Retirement Visa: This visa allows holders to reside in South Africa but prohibits work or study. Applicants must demonstrate a guaranteed monthly income of at least ZAR 37,000 (approximately USD 2,000) or possess a capital sum of ZAR 444,000 (around USD 24,000). The visa is valid for four years.
•    Financially Independent Visa: This option permits permanent residency but requires proof of a net worth of at least ZAR 12 million (approximately USD 653,000) along with a one-time fee of ZAR 120,000 (about USD 65,000). Like the Retirement Visa holders, they must visit South Africa every three years.
Documentation
The application process requires standard documentation along with specific financial proofs:
•    Completed Retirement Visa application form
•    Financial documents confirming monthly income
•    Passport and photographs
•    Medical report (including vaccinations if applicable)
•    Police Clearance Certificate
•    Proof of residence/accommodation
•    Payment proof for application fees
Tax Considerations
Tax obligations are determined by residency status or source of income. The South African Revenue Service (SARS) classifies residents based on various criteria. If classified as an ordinary resident or meeting the physical presence test (living in South Africa for over 91 days each year for five consecutive years), individuals are taxed on worldwide income. Non-residents may still incur withholding taxes on income earned within South Africa. The U.S. has a double tax agreement with South Africa to prevent double taxation.
Suggestions and Considerations
Property prices vary significantly across regions; coastal cities like Cape Town tend to be more expensive than rural areas. For example, rental prices for two-bedroom homes range from ZAR 12,000 (USD 800) to ZAR 25,000 (USD 1,666) in Cape Town compared to lower prices in Durban. Retirees should consider property types, locations, amenities, and security when making housing choices.
Conclusion
For those meeting the financial criteria and healthcare access requirements, applying for a Retirement Visa in South Africa can be straightforward. This visa allows expatriates to enjoy one of the most beautiful retirement locations globally while embracing the vibrant lifestyle that South Africa offers.


South Africa: Immigration Enforcement Increasing


SA Migration – 29 November 2024
The Minister of Home Affairs has announced that the Department of Home Affairs intends to increase the number of inspections at restaurants, informal businesses also known as ‘spaza shops’, farms and mines to ensure that all foreign nationals are documented and legally employed in the country. Moreover, the Minister is also requesting the public to contact the Department if an employer has violated immigration and employment laws. Although the immigration enforcement initiatives will focus on restaurants, spaza shops, farms and mines, it is expected to include other sectors where violations are reported. This initiative is part of the Department of Home Affairs’ plan to strengthen national security and economic growth in South Africa.
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How does the National Register of Artisans Regulations 2020 impact foreign artisans – general guidelines


The National Register of Artisans Regulations 2020 has significant implications for foreign artisans seeking to work in South Africa. Here are the key points:

1.    Registration Requirements: Foreign artisans must register with the Department of Higher Education and Training (DHET) before applying for a critical skills work visa or any work visa with the Department of Home Affairs (DHA)

•  Categories of Artisans: The regulations categorize artisans into four groups: Practising Artisans, Non-Practising Artisans, Foreign Practising Artisans, and Foreign Non-Practising Artisans
•  Registration Process: Foreign artisans must provide specific documents, including a certified passport copy, evidence of legal visa for entrance into the country, certified copy of trade test (whether conducted locally or abroad), SAQA evaluation of foreign trade test, proof of address, and proof of previous registration for a renewal
•  Consequences for Visa Applications: Regulation 6.5 states that all foreign national artisans must register with DHET before applying for a critical skills work visa or any work visa with DHA. Regulation 6.6 further stipulates that foreign national artisans will not be granted a critical skills work visa by DHA if they are not registered with DHET
•  Impact on Visa Applications: The regulations have closed the gap in the previous inconsistent approach to recognizing foreign artisans in South Africa. This means that foreign artisans can now register and obtain a critical skills work visa more easily, without the need for additional legislative hoops

In summary, the National Register of Artisans Regulations 2020 has streamlined the process for foreign artisans to register and obtain a critical skills work visa in South Africa

Registration Requirements For Artisans in South Africa
Applying for critical skills work visa in South Africa as an artisan has been a challenge for the longest time. In 2014 when the current amendments to the Immigration Act were gazetted several gaps were identified in the Act which included the absence of a SAQA accredited professional body to register artisans. ECSA was not an option due to their minimum NQF criteria of 5 which was a notch above the rating being given by SAQA for artisans.  

There was a time letters issued by the National Artisan Moderation Body, (NAMB), were sufficient and then they were not. There was a time when registration with the South African Institute of Draughting was good enough and then it wasn’t. The latest dispensation saw applications being rejected because Home Affairs required a South African trade test.  

This of course is absurd for two reasons; the artisan is already trade tested and secondly a South African trade test requires a minimum experience in South Africa.
This inconsistency was a direct result of the absence of a key legislative instrument, namely the National Register of Artisans.  In terms section 26C of the Skills Development Act 97 of 1998 as amended, the Minister of Higher Education is required to establish a register of artisans.  

This register unfortunately could not be implemented as the regulations were not yet in place to establish this register, therefore the NAMB letters were acceptable as they pointed to the absence of the National Register of Artisans.  In the absence of a clear framework on how to recognise foreign artisans in the republic it meant that the Department of Home Affairs was left to its own devices hence the constant changes in approach.

Fortunately, that gap has now been closed and a clear process of registering artisans is now in place.   The National Register of Artisans Regulations was gazetted the 19th of March 2021 and provides a framework for the registration of all artisans, local and foreign. There 4 categories of artisans, Practising Artisans, Non – Practising, Foreign Practising and Foreign Non-Practising Artisans.  Under regulation 3 it is mandatory for all artisans to register with the Department of Higher Educations National Artisan Development Support Centre (NADSC). 

The registration requirements for foreign National Practising Artisans are the following, a certified passport copy, evidence of legal visa for entrance into the country, certified copy of trade test whether conducted locally or abroad, SAQA evaluation of foreign trade test, proof of address and proof of previous registration for a renewal.
Importantly regulation 6 has some consequences for visa applications by artisans.  6.5 Provides that all foreign national artisans must register with DHET before applying for critical skills work visa or any work visa with DHA. 6.6 goes on to state that foreign national artisans will not be granted critical skills work by DHA if they are not registered with DHET. This means that as of 19th March 2021 it became impossible for an artisan to get a visa without first registering the NADSC