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A business visa may be issued by the Department of Home Affairs to a foreigner intending to establish or invest in a business in South Africa in which he or she may be employed, and to members of such foreigners’ immediate family providing that certain requirements have been met.
The Act calls for investment of R5,0 million in a business and you need to make sure you employ 60% South African citizens or permanent residents to get both a temporary and permanent business visa, you can get these visas with less capital investment - sometimes for as low as R600,000 investment using our expert team at SA Migration.
Many businesses do not require a capital investment as large as R5 million and in certain cases, you are allowed to reduce this amount and commit to a smaller investment if your business falls within the certain industries. The following businesses to be in the national interest, and therefore qualifying for reduction or waiver of the capitalisation requirements as determined to be in the national interest in relation to a Business Visa: Many of these business owners do not have the required investment amounts. If this is the case and the business falls in line with one of the following industries, a capital waiver can be requested. This would mean a reduction in the required investment amount.
The industries are:
(a) Agro-processing
• Fisheries and aquaculture i.e. freshwater aquaculture and marine culture
• Food processing in the milling and baking industries
• Beverages viz. fruit juices and the local beneficiation, packaging and export of indigenous teas
• High value natural fibres viz., organic cotton and downstream mohair production
• High value organic food for the local and export market
• Biofuels production viz. bioethanol and biogas
• oils: tea extracts, including buchu, honeybush: and other oil derivatives (avocado, amarula etc.)
• Diversification / beneficiation of biomass sources i.e. sugar, maize
(b) Business Process Outsourcing and IT Enabled Services
• Call centers
• Back Office Processing
• Shared Corporate Services
• Enterprise solutions e.g. fleet management and asset management
• Legal process outsourcing
(c) Capital / Transport equipment, metals and electrical machinery and apparatus
• Basic iron and steel
• Basic precious and non-ferrous metals
• Casting of metals
• Other fabricated metal products: metalwork service activities
• General purpose machinery
• Tooling manufacturing
• Foundries
• White goods and associated components
• Electric motors, generators and transformers
• Electricity distribution and control apparatus
• Insulated wire and cable
• Accumulators, primary cells and primary batteries
(d) Electro Technical
• Advanced telecommunications
• Software development
• Software and mobile applications
• Smart metering
• Embedded software
• Radio frequency identifications
• Digital TV and Set Top Boxes due to migration to full digital television
• Process control, measurement and instrumentation
• Security and monitoring solutions
• Financial software
• Manufacturing sensors
(e) Textile, Clothing and Leather
• Spinning, weaving and finishing of textiles
• Knitted and crocheted fabrics and articles
• Wearing apparel except fur apparel
• Dressing and dying of fur
• Leather skins and hides beneficiation
(f) Consumer goods
• White goods and associated components
(g) Boatbuilding
• Boatbuilding and associated services industry
• Engines and engine systems
• Marine equipment and accessories
(h) Pulp, paper and Furniture
• Manufacture of paper products: publishing, printing and reproduction
• Manufacture of articles of straw and plaiting materials
• Paper and paper products and furniture
• Manufacture of wood and products of wood and cork
(i) Automotives and Components
• engines, radiators, filters and components thereof
• air conditioners / climate control systems
• alarms and Tracking devices
• axles, transmission shafts
• body parts and panels
• catalytic converters, silencers and exhaust systems and components
• wiring harnesses, instrument panels vehicle interiors, electronic drive train components,
• lighting equipment
• seats and parts thereof, seatbelts, leather covers
• suspension and shock absorbers, springs and parts thereof
• steering wheels, columns and boxes
• ignition, starting equipment, gauges and instrument parts
(J) Green Economy Industries
(jj) Power generation:
• Nuclear Build Programmer i.e. joint ventures, consortiums and the establishment of new companies to grow South Africa's nuclear manufacturing capability and nuclear supply industry to supply into the nuclear build programme
• Independent power generation, energy infrastructure and alternative energy
(jjj) Renewable Energy:
• Onshore wind power - manufacture of turbines/blades
• Solar PV and Concentrated Solar Power manufacture/assembly
• Biomass
• Small hydro
• Lowering greenhouse gas emissions from landfill sites
• Energy efficiency and energy saving industries
• Solar water heaters
• Waste Management and Recycling
• Reducing landfill
(k) Advanced Manufacturing
• Nano-materials
• High performance materials based on natural resources (advanced bio-composites
• Advanced materials, polymers and composites
• Medical devices, diagnostics and composites
• Space e.g. satellite manufacturers etc. and astronomy e.g. SKA, telescopes, dishes etc.
• Composites (intelligent textiles used in medical, building and construction industries)
• Continuous fibre reinforced thermoform composites
• Biochemical and biologics for applications in agriculture, industry and health/medical sectors
• Electricity demand Site Management Solutions to improve electricity efficiency usage
• Lasers and laser-based additive manufacturing various applications
• Advanced Robotics Mobile Intelligent Autonomous Systems
• Applications in the mining industry, data collection and analysis
• Bio - manufacturing - Biochemical and biologics for applications in agriculture, industry and health/medical.
• Fuel cells and Technology
(l) Tourism infrastructure
• Accommodation - hotels, boutique hotels, lodges and resorts
• urban integrated tourism/ entertainment precincts
• adventure, - eco-, sport-, conference- and cultural tourism
• infrastructure developments
• leisure complexes and world class golf courses
• harbour and waterfront developments
• trans frontier conservations areas
• Tourism transport - aviation, rail, cruise liners etc.
• green building and green technologies for tourism
• attractions and activity - based tourism.
• museums and heritage
(m) Chemicals, plastic fabrication and pharmaceuticals
• basic chemicals
• water treatment chemical products
• man-made fibres
• plastic products: polypropylene and polyvinculchloride
• medical (drips and syringes), manufacture of active pharmaceutical ingredient
• (APIs) for key anti-retrovirals (ARVs)
• Manufacture of reagents for AIDS/HIV diagnostics
• Production of vaccines and biological medicines
👎 Creative and Design Industry
• Film studios, treaty film co-production ventures, distribution infrastructure
• Servicing of foreign productions
• Production of film and documentaries, commercials, stills photography and
• Multi-media
• Post-production
• Design
• Jewellery manufacturing and design
• Fashion design
(o) Oil and Gas
• Maintenance ship and rig repair
• Fabrication - equipment and specialised components
• Specialised services - training and accreditation
• Specialised services - non-descriptive testing, inspection services, SHEQ services
• Exploration - technical services: seismic surveys, logging, environmental impact assessments, etc.
• Exploration - offshore
• Exploration - onshore shale gas
• Exploration - onshore coal bed methane and underground coal gasification
• Infrastructure - refineries (Oil and GTL)
• Infrastructure - terminals LPG/LNG import, storage and distribution
• Infrastructure - ports and associated infrastructure
• Infrastructure - storage
• Logistics - pipeline
(p) Mineral beneficiation
• Downstream processing and value addition
(q) Infrastructure Development
(r) ICT
• Geoamatics and Digital media
• Wireless and Telecom
• Electronics
• IT
• Software Development
• Advanced programming
List of undesirable Business in South Africa;
• Businesses that import second hand motor vehicles into the Republic of South Africa for the purpose of exporting to other markets outside the Republic of South Africa
• The exotic entertainment industry
• Security Industry
Our team of professionals at SA Migration International will assist you and help you to obtain your business visa for you.
South Africa is going through a very exciting stage at the moment and there is lots of opportunity to be involved in this emerging economy and the government welcomes anyone wishing to invest and create employment. Especially for small business owners, the markets are extremely lucrative and the government welcomes anyone who wants to invest.
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The short answer
You might need legal assistance

The whole question
My partner was born in South Africa but moved to Portugal when he was a year old. He has a South African passport but not the national ID. I, on the other hand, am a foreigner. We currently reside in Cape Town. We are not married, and I am currently pregnant. Once our child is born, we would like to use my partner's surname and he will legally acknowledge the child. Will we be able to register our baby?

The long answer

If your partner has a valid South African passport, he should be able to apply for and get an ID card from the Department of Home Affairs.

But if he acquired the citizenship of another country, he would automatically lose his South African citizenship unless he applied for and got permission to keep his South African citizenship before acquiring the citizenship of the new country. A South African citizen can hold dual citizenship, but again only if he applied and got permission to keep his South African citizenship first.

In terms of registering the baby’s birth:

All children must be registered within 30 days of their birth under the Births and Deaths Registration Act of 1992. The parent or parents must complete Form B1-24 in black ink at their nearest Home Affairs office and submit it. The parent/s must bring their ID/s, and if they are married, a marriage certificate. If the parents are married, the child is given the father’s surname. If they are not married they can choose either the mother’s or father’s surname. The parents are then given an unabridged birth certificate which contains the child’s legal name, their date of birth and their place of birth and its parents’ names. This is then included in the National Population Register. You need an unabridged birth certificate to travel out of the country with the child.

As Home Affairs would often refuse to register the births of children when one parent was an immigrant, a case was brought to the Eastern Cape High Court in 2018 (Naki versus Director General Home Affairs). The court had to decide whether the Births and Deaths Registration Act (BDRA) allowed the father to register a child in the case of a mother being absent or not having legal permission to be in the country. It decided that the BDRA did not allow a father to register the birth of a child in those circumstances; it was therefore unconstitutional as all children born in South Africa have a right to have their births registered.

The court also found that Regulation 12 (1) of the Births and Deaths Registration Act (BDRA) which provided for an unmarried mother to register a child’s birth prevented an unmarried father from registering the birth of a child, which was also unconstitutional.

So it “read into” the regulations the words “or father” to ensure that either a mother or father could register the birth of their child if they were unmarried.

This court decision means that it’s easier now to register the birth of children where one parent is South African and the other parent is an immigrant, because Home Affairs may not refuse to register a child’s birth on the grounds of the legal status of its parents.

Although the court order was in 2018, Home Affairs often takes a very long time to comply with court orders and you may find some Home Affairs officials still refusing to register births of children in the circumstances described above. If you run into that kind of trouble you may want to consult the following organisations for advice

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

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Overstay Appeal in South Africa

If you've been banned from South Africa, here's how to draft a compelling appeal letter to overturn your ban. This guide will help you create an effective appeal, enabling you to apply for a visa or permanent residency, or simply re-enter South Africa for a visit.

Understanding the Consequences

Before diving into the appeal process, understand the penalties for overstaying in South Africa. Refer to our FAQ, "What is the penalty for overstaying in South Africa on an expired visa," for detailed information.

Key Points to Consider

Your appeal letter's success hinges on the reasons for your overstay. If your overstay was due to negligence, such as staying an extra month without a valid reason, your appeal may not succeed. Reflect on your reasons and ensure they are strong enough to justify your appeal.

Ban Duration Based on Overstay

• Less than 30 days: 12-month ban

• More than 30 days: 5-year ban

Required Documents for Overstay Appeal

• Overstay appeal letter

• Copy of the declaration of undesirability (form 19)

• Relevant passport pages, including the bio page

• Acknowledgement of receipt (if a temporary residence permit/visa application is pending)

• Medical certificate (if overstaying was due to medical reasons)

Submit your appeal to overstayappeals@dha.gov.za and confirm receipt by contacting IMS deportations at 012 406 4985.

Writing the Appeal Letter

If you're unsure how to start, download our sample overstay appeal letter. Tailor it to fit your situation, focusing on factual, evidence-based reasons rather than emotional arguments.

Overstay Appeal Letter Format

Introduction:

• Introduce yourself (name, address, place of birth, passport number)

• State the purpose of the letter

• Mention the date you were banned and your receipt of form 19

• Express your intention to apply for a temporary residence visa or visit again

Explanation:

• Describe why you were banned

• Request the overturn of the ban

Justification:

• Explain your reasons for overstaying

• Provide supporting evidence (e.g., medical bills, doctor's letters)

Closing:

• Request consideration of your appeal

• Provide contact details for further information

• Sign the letter

Example of Overstay Appeal Letter

Date: Department of Home Affairs

To Whom it May Concern,

Paragraph 1: Introduce yourself with relevant details and explain your situation, including the date and circumstances of your ban. State your request to apply for a visa or visit again.

Paragraph 2: Clarify why you were banned and formally request the overturn of the ban.

Paragraph 3: Detail the reasons for your overstay with supporting evidence. Emphasize the strength and validity of your reasons.

Additional Tips

• Keep a copy of your application in case it gets lost.

• Ensure your email attachments are under 4 MB to avoid rejection by the email server.

Duration of Overstay Appeal

The Department of Home Affairs may take 1 to 3 months to process your appeal, depending on their workload. Confirm receipt and check for updates regularly.

Need Help?

If the process feels overwhelming, consider using our South African immigration services. Our experienced consultants can assist in overturning your ban.

We wish you success with your appeal. If you need further assistance, don't hesitate to contact us. Writing an effective appeal letter can be challenging, but following this guide will help you present a strong case.

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Section 30(1)(h) of the Immigration Act of South Africa and Regulation 27(3) of the Immigration Regulations.
A person will be declared ‘undesirable’ and will receive a ban regardless of the reason for the
overstay. The ban applies to any person who has overstayed, adults and children. The ban and
being declared ‘undesirable’ also affects people who leave South Africa while their application for a visa (or visa extension) is pending, if their current visa has expired.
what happens if i overstay my visa?

In 2014, the Department of Home Affairs introduced new immigration regulations, which
effectively 'ban' foreign nationals who overstay in the Republic from re-entering South Africa fora set period of time.
The immigration laws in South Africa state that a person who overstays in the Republic after the expiry of their visa will be declared as 'undesirable'. This person would receive a document, confirming them to be an 'undesirable' person, when they exit South Africa. Their passport is also stamped. The document 'bans' them from re-entering South Africa. The length of time that you are banned for depends on how long you have overstayed your visa.

Persons who overstay their visa for a period of less than 30 days will be declared
‘undesirable’ and banned for a period of 12 months. This means that this person will not
be allowed to re-enter South Africa for 12 months.
Persons who overstay their visa by more than 30 days will be declared ‘undesirable’ and
banned for a period of 5 years. This means that this person will not be allowed to reenter
South Africa for the next five years.

WHAT CAN I DO IF I RECEIVE A BAN?
You are able to appeal a ban. The Immigration Act allows for people to lodge a formal appeal
request to the Department of Home Affairs if they have been declared ‘undesirable’ and received a ban. The appeal must be submitted within ten working days of the day that you received the
ban. To submit an appeal, you must email your request to the Department of Home Affairs,

Written representations/letter with clear reasons for overstay,
A copy of the document declaring you 'undesirable' (you would have received this at
the border upon leaving South Africa, and a stamp in your passport),
A copy of your passport: the information page and other relevant pages, such as
pages with your South African visa(s), stickers or stamps,

If your visa has expired and your application for extension is still pending, do not leave
South Africa unless travel is absolutely necessary. Contact a reputable immigration advisor or
attorney should you have to travel.

My ban has finished - can i return to south africa?

No You can only return to South Africa once you have applied to the South African Department of Home Affairs for the ban to be lifted as it is not automatically removed from the system. You must apply for the ban to be lifted. If you do not, you will be refused entry into South Africa at the Port of Entry.
.
HAS THE COVID-19 PANDEMIC IMPACTED THIS?
During the Covid-19 pandemic, the South African government implemented a nationwide
lockdown as well as a closure of its borders. This meant that many people were unable to return to their country of origin before their visas expired.

Any person who did receive a declaration of undesirability during this period, should have that ban set aside. You should contact the email address provided above to clarify this situation and ensure that any ban that may have been noted, is removed.

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Fax No : 086 579 0155

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How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

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