Matriculant petitions for stateless youths to get into universities

Matriculant petitions for stateless youths to get into universities

She is among many South African-born children with immigrant parents struggling to get identification documents

08 October 2021 Groundup 

  • A Cape Town matriculant has started to petition the Department of Home Affairs to make special provisions for children born in South Africa with immigrant parents to apply for identity documents.
  • She has collected over 25,000 signatures to date.
  • The matriculant has been struggling to submit online applications to universities across the country because she does not have an ID or passport number.
  • She has been advised to contact the representing body, Universities South Africa, for assistance.

A Cape Town matriculant has started a petition, calling for the Department of Home Affairs to make special provisions for children born in South Africa with immigrant parents to apply for identity documents. At the time of publication, the petition had more than 25,000 signatures.

Karolyn Mujinga is among scores of South African-born children of immigrants who are struggling to enrol in tertiary institutions and to access funding to further their studies. With the refugee reception centres still closed, many young people have been left in limbo and are unable to apply for citizenship or identity documents.

Mujinga, 18, was born in Cape Town and has lived in South Africa all her life. Her mother is originally from Congo.

“When I was applying to university, most did not have provision for refugee applicants or asylum seeker students. It’s like we don’t even exist. I couldn’t use my birth certificate because there’s no ID number,” she said.

Mujinga tried applying online to the University of Johannesburg, University of Pretoria, Wits University, University of Cape Town, and Nelson Mandela University, where she hoped to study Law, Chemical and Mechanical Engineering.

She said most of the institutions’ websites would only give the option to select, “South African citizen, permanent resident, or international student to use with a passport number”.

Mujinga said although she was able to enrol at school, she could not apply for funding or bursaries. “It’s quite disheartening when most of the bursaries are just for South African citizens. There needs to be at least something where 20% of the students they accept are refugees and asylum seekers, and 80% are South Africans,” she said.

“When you step into primary school, you believe that you are all equal. You believe that when you leave high school, you’ll leave with a choice on whether to study further, take a gap year or work. But for most immigrants, it isn’t a choice,” she said.

In December 2019, a ruling by the Makhanda High Court on the Admission of Learners to Public Schools stated that all children must be conditionally admitted to school while parents try to get documents. But for many refugee and immigrant children, the process has not been as simple, with many being unable to access state schools.

Lawyers for Human Rights legal researcher Tshegofatso Mothapo said although the law provides for a provisional admission to school, it has “proven to be a barrier for children of refugees, asylum seekers, undocumented South Africans, undocumented or migrants, and those with stateless parents because they are unable to furnish documents such as birth certificates”.

“There is a misconception by school administrators that a handwritten birth certificate often presented by learners whose parents are non-nationals is not legitimate proof of documentation. When it in actual fact is,” she said.

The Department of Basic Education also released a directive in July 2019 informing schools that it is unlawful to turn away undocumented learners, however, many refugee and migrant children are still unable to access state schools.

Mothapo said several schools might not have received the circular or heard of the judgment, and have continued operating on the basis that a parent must present an official birth certificate of the learner when applying for admission to a state school.

She said another delay is that the online platform to register children does not allow registration without school administrators uploading documentation. “It seems the DBE has not put measures in place to ensure the registration of undocumented learners takes place on the online platform, resulting in learners being turned away.”

CEO and spokesperson of Universities South Africa (USAf) – the representative body of South Africa’s public universities – Professor Ahmed Bawa said provision is available to immigrant learners wanting to apply to tertiary institutions.

“All immigrant students must apply to the Matriculation Board at Universities South Africa for the appropriate recognition and the issuing of the Matriculation Exemption to be considered for university entrance,” he said.

The Matriculation Board will then evaluate exemptions based on the qualifications presented and not the country of residence, said Bawa. He said there were currently no substantial delays or backlogs in the Matriculation Board system.

www.samigration.com


More than 300 000 people in UK could head to SA after red-list removal

More than 300 000 people in UK could head to SA after red-list removal

 

Find 24  - 08 October 2021

 

vaccinated travellers will resume on 11 October between the UK

  • main inbound tourism industry body says there was an immediate jump in enquiries from UK travellers after the announcement that the country will be removed from the UK red list.
  • The UK government announced that quarantine-free travel between that country and South Africa will resume on 11 October, and SA vaccine certificates will also be regarded as valid proof of vaccination.
  • The CEO of the Tourism Business Council of SA urged all workers in the tourism industry to get vaccinated.

More than 300 000 British passport holders could visit friends and family or take advantage of holiday deals across southern Africa after the UK revised its travel red list, according to an estimate from South Africa’s main inbound tourism industry body.

On Thursday, the UK scrapped tough Covid-19 quarantine travel rules for 47 destinations, including South Africa.

The Southern Africa Tourism Services Association (Satsa), which represents 1 350 businesses, said UK operators had already seen a jump in enquiries from "sun-starved Brits looking for a winter escape", just after the announcement.

The UK has traditionally been South Africa's biggest source of international tourists, and the local economy lost an estimated R790 million per month while the country was on the red list.

The UK started to imposed travel restrictions on South Africa in December last year, and Thursday's announcement followed months of lobbying, including a call from President Cyril Ramaphosa to UK Prime Minister Boris Johnson.

"We do want to thank the president, the minister of tourism, the minister of international relations and everybody else who has worked on this from the public sector, for the work that they have done. It wouldn’t have happened if they didn’t get involved," CEO of the Tourism Business Council of SA Tshifhiwa Tshivhengwa said. 

He told Fin24 that people working in the tourism value chain now need to be vaccinated and protocols should be followed to avoid incidents that may tarnish the work done to get South Africa off the list.

Cape Town’s mayoral committee member for economic opportunities and asset management, James Vos, said the city is ready for British travellers. He plans to contact the Britain’s High Commissioner and Consul General to discuss the city’s plans to attract international travellers. 

Vos also appealed to the government to implement a remote worker visa, saying Cape Town is a favourite location for "digital nomads" with high incomes, and asked the government to approve Delta Airlines’ request to fly to Cape Town.

Quarantine-free travel for vaccinated travellers will resume on 11 October between the UK and South Africa. South Africa is one of the 47 countries the UK is removing from the red list. Only seven destinations - Colombia, Dominican Republic, Ecuador, Haiti, Panama, Peru and Venezuela - remain on the red list.

"From 04:00 [on] Monday, 11 October, eligible travellers vaccinated in over 37 new countries and territories including Brazil, Ghana, Hong Kong, India, Pakistan, South Africa and Turkey, will also be treated the same as returning fully vaccinated UK residents, so long as they have not visited a red list country or territory in the 10 days before arriving in England," said Transport Secretary Grant Shapp.

www.samigration.com


Retirement - South Africa: FAQ

07 October 2021
Retirement - South Africa: FAQ
Considering retiring to South Africa? Then you’re at the right place! You’ll find all the information you need on this page. We’re discussing:
1. The South African Retired Visa and its criteria
2. How to transfer money to and from South Africa
3. Finding and buying a home in South Africa
4. South African healthcare
1. The South African Retired Visa
The South African Retired Visa lets foreign nationals like yourself spend their retirement years in South Africa.
Not ready to make a permanent move? You don’t have to. You could also only spend part of the year in South Africa if you so choose.
And here’s more good news – the South African retirement visa has no age restrictions. You can thus apply for this visa at any age.
What are the Retired Visa requirements?
When you hold a Retired Visa, you’re in South Africa as a retiree. As a retiree, you won’t be allowed to work or run a business in SA – activities that would normally be a source of income.
For this reason, the Department of Home Affairs wants to see that you’re able to support yourself financially while living in South Africa.
What are the funds I must prove?
For the Retired Visa, you must be able to prove a monthly income of R37,000. This R37,000 must be available for each month that your visa is valid.
Usually, a Retired Visa is issued for up to four years, which means you must have at least R37,000 x 48 (48 months in 4 years) available.
That means a total of R1,776,000.
How do I prove my monthly income?
Your income can be from:
• Cash or cash equivalents;
• Cash income generated by capital asset(s), like rental income or pension;
• Or a combination of both.
Can my spouse or life partner join me in SA?
Yes, your spouse or life partner are allowed to join you in South Africa. Your husband, wife or partner can do one of two things:
1. Apply for an accompanying spousal or life partner visa, with you as the main Retired Visa applicant.
2. Apply for their own Retired Visa. Your husband, wife, or life partner will thus have to meet all of the Retired Visa’s requirements, including the financial criteria as explained above.
What if I can’t meet the financial requirements?
If you can’t meet the financial criteria of the Retired Visa, you could apply for a Financially Independent Permit. Instead of having to prove a monthly income, you need to show a net worth of R12 million.
You’ll also have to pay the Department of Home Affairs a once-off fee of R120,000 if you’re permit is granted. The upside is that you get permanent residency straight away with the Financially Independent Permit.
2. Transferring money to South Africa
You’ll usually have two options when transferring money to South Africa:
1. Using your local bank
2. Using a money transfer company
Our advice? Use a South African money transfer company. The reason being that a South African money transfer is familiar with our foreign exchange control regulations.
What is ‘foreign exchange control regulations’?
South Africa’s foreign exchange control regulations control the flow of money into and out of South Africa – and makes transferring money tricky!
The aim of these regulations, according to the South African Reserve Bank, is to:
• prevent the loss of foreign currency resources through the transfer abroad of real or financial capital assets held in South Africa,
• effectively control the movement of financial and real assets into and out of South Africa; and
• avoid interfering with the efficient operation of the commercial, industrial and financial system.
Why is it important to adhere to South Africa’s control exchange regulations?
Because if you don’t, it might have serious repercussions later on. For instance, if you fail to follow the correct processes and procedures when transferring your money to South Africa, you may incur a 10% ‘fee’ on currency transfers out of SA. In extreme cases, you may not be able to repatriate your funds out of South Africa.
3. Finding and buying a home in South Africa
You are spoilt for choice in South Africa! You can choose to stay in leafy suburbs, overlooking the ocean, in the heart of the city, or in the countryside.
To find the perfect home you can visit any of these prominent real estate websites:
• Property24
• Private Property
• IOL Property
Each of these sites list properties ranging from homes to small holdings that are for sale or to rent.
What about retirement villages?
South Africa does have retirement villages. Retirement villages are not old age homes! Instead they are purpose-built communities for retirees. The focus is on lifestyle as much as on accommodation. You’ll find amenities such as medical and dental clinics, housekeeping services, and spa and gym facilities at many retirement villages.
You choice of housing typically range from apartments and townhouses to villas.
Furthermore, you can choose to purchase a sectional title, buy into a share block scheme or purchase life rights. Each of these options operate on a different purchase and ownership system. You can read more about all three options here.
4. South African healthcare
South Africa offers private and public healthcare options.
Our public healthcare system is equipped to deal with any illness or emergency. Unfortunately, many South African public hospitals are under-staffed, under-resourced, and in disrepair.
This makes private healthcare the preferred choice for many South Africans. This is despite the fact that private healthcare is more expensive than public healthcare.
To access private healthcare, you’ll have to join a medical aid. Some of the top medical aid schemes in South Africa are:
• Bonitas
• Discovery Health
• Liberty Health
• Medihelp
• Momentum Health
Whichever scheme you decide on, you’ll be able to choose from a variety of options within each scheme. These options range from:
• Basic hospital plans – that only cover you while in hospital; to
• High-end plans – that pay for out-of-hospital expenses including doctors, dentists, certain specialists and medication.
Trying to understand all the information on medical aid schemes can be difficult and confusing, so we recommend speaking to a medical aid broker.
Quick questions:
How do you register with a doctor or dentist in South Africa?
All you have to do is call to make an appointment. You’ll complete a registration form at the time of your appointment. This will be kept on file. You are under no obligation however to stay with the particular doctor or dentist should you want to use another one.
What does it typically cost to visit a doctor?
Prices vary, but a GP visit could cost anywhere from R350 to R500 or more. Rates are usually higher if your visit are over weekends or during the evening.
What is the main difference between obtaining medical aid from a local provider as opposed to an overseas one?
Mostly the cost factor. Overseas cover comes at a far higher price. That said, the overseas cover is likely to cover more than South African options. You’ll have to decide which option suits your lifestyle and pocket best.
Contact us to find out if you qualify for a Retired Visa


Life Partner Visa - South Africa

07-10-2021

Life partner visas and / or visas are issued to foreigners who are immigrating to South Africa with a South African boyfriend or girlfriend (life partner) with whom they are in a permanent relationship.

Life partner visas and visas are not commonly known and accessing information about them can be difficult, but qualifying people should look to ensure they consider applying within the life partner visa or visa category as it can have some excellent benefits.

Below we discuss both the life partner visa for permanent residence, and the life partner visa for temporary residence. You can find more specific information on each by simply following the links or in further information.

The Life Partner Visa and Visa Options

To successfully apply for a life partner visa or visa there are a number of different criteria the applicants must meet. Perhaps the most onerous being the compiling of sufficient ‘evidence’ that the relationship is indeed of a permanent nature and it is one of a ‘life partner’ status.

Proving cohabitation is also a key element as the length of cohabitation will dictate whether you may qualify for a life partner visa (permanent residence) or a life partner visa (temporary residence).

As South Africa’s leading independent immigration company, Sa Migration Immigration advises, compiles, submits with you and monitors the entire application on its client’s behalf. Our years of experience and enviable success rate in obtaining life partner visas and visas, means that our clients can rest assured that they are in expert hands.

Life Partner Visa- Temporary Residence

Life partners of South Africans may apply for a life partner visa under the temporary residence category. Once again there is an onus on proving the relationship is valid, of a permanent nature and in this case, that cohabitation has existed for at least 2 years.

Temporary residence visas are issued for an initial period, typically for 2 or 3 years. Applications can be made to extend this period subject to the relationship still existing.

Life Partner Visas – Permanent Residence

Life partner visas under the permanent residence category can be made if it can be proven that the relationship has been of a permanent nature for 5 years.

Prospective immigrants should be aware that even if they meet the criteria to make an application for a life partner under the permanent category, in all likelihood a temporary life partner visa will need to be applied for due to the fact home affairs is taking approximately 24 months to issue permanent residence to applicants.

Life Partner Visas – Working or Setting up a Business

For holders of life partner visas the news is excellent – you are free to work, set up a business or study with no further permissions!

For the holders of a life partner visa the news is good – whilst the life partner visa itself only allows you to enter and stay in South Africa, an endorsement can easily be obtained, allowing you to work, study or set up a business.

Endorsing your life partner visa

For work – once a suitable position has been found and offered via a contract of employment, Sa Migration Immigration can apply for an endorsement to the life partner visa enabling the life partner to work, This negates the need to apply for a work visa or the requirements such as proving no South African is available to take up the position.

For business – a similar endorsement can be applied for with the immigrant needing to prove that the business exists, this can be done by providing documentary proof that a suitable company structure has been set up, such as a (Pty) Ltd for example.

For study – once you have been excepted for a course by an appropriate learning institution, an endorsement can be applied for to enable you to legally study.

It should be noted that applications for life partner visa and endorsements can be made simultaneously

A life partner visa is an application based upon the individuals relationship with a South African for permanent residence.

Who should apply for a life partner visa South Africa?

Applications for a life partner visa should be made by those individuals who are in a permanent relationship with a South African citizen or Permanent Residence holder.

Life partner visas do not discriminate between heterosexual or same-sex couples and the requirements and process are identical.

What is the definition of a life partner in South Africa?

Let’s first look at the official definition:

“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 in circumstances where the one has the means to do so and the other requires such support to maintain, without recourse to public funds, his or her financial and social standing and standard of living.”

This is not a black and white area and perhaps one of the most difficult parts of applying for a life partner visa. As with many countries South Africa places a large emphasis on the period of cohabitation.

For a life partner visa this cohabitation period must be for 5 years.

If you cannot meet the 5 year cohabitation requirements then please see here for details on the temporary residence option, the life partner visa.

There is also an onus of proving the relationship meets the official definition and proving the relationship is akin to that of a married one with both emotional and financial support being factors.

Therefore applications for life partner visas need to ensure that they include ample proof of the permanent nature of their relationship.

What type of proof needs to be submitted with a Life Partner visa application?

Proof needs to substantiate both the historic nature of the relationship as well as it going forward. Obvious items include:

  • Joint bank statements
  • Joint financial commitments
  • Proof of cohabitation
  • Affidavits from relations and friends as to the nature and term of the relationship

Most of these of course apply to financially supporting each other, emotional support can be hard to prove with documentation.

For this very reason and the fact that the life partner visa is one of the most abused in South Africa, interviews are compulsory. Interviews comprise of a Department of Home Affairs or Consulate Official taking up their right to call the applicant and their spouse in for interviews.

These interviews will normally be conducted separately and together and the aim is for the official to form an opinion as to whether the couple meet the criteria of proving the relationship is in keeping with the official definition.

It must therefore be stressed that advice and consultation from an immigration expert is best sought.

Where to apply for your Life Partner visa

In the past, Life partner visas were commonly applied for in South Africa. The life partner of the South African would enter South Africa on a Travel visa, valid for 3 months. After entry they would then make the submission at a Department of Home Affairs Office.

This route is now no longer available to most people as new legislation has prevented any visa or visa application in South Africa that changes an applicant’s status. The vast majority of applications must now be submitted in the applicants home country, with the exception of those who already hold a life partner visa or other qualifying visa type.

Can you work on a Life Partner Visa?

Yes you can. In fact, you can enjoy all the rights that a South African Citizen does with regards to your ability to work, run a business or study.

Endorsing a Life Partner Visa

Endorsing a Life Partner Visa

Please note the below information on endorsing a life partner visa applies to life partner visas that were issued under the new Immigration rules as of June 2014 and new applications.

These new regulations saw a change in how life partner visas were named:

  • A visa is now for permanent residence.
  • A visa is for temporary residence.

Who needs to endorse a life partner visa?

Key here is your status as either a permanent resident or temporary resident.

  • Permanent residence holders (or applicants) needs not apply for an endorsement and are free to conduct business, work or study activities with no further permissions from the Department of Home Affairs.
  • Temporary residence holders, or applicants, (now known as a life partner visa) will need their life partner visa endorsed.

Life Partner  - Immigration South Africa

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 possess 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 visitor’s 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 allowed, 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 visa. 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.

Finding out more about applying for a Life Partner Visa

Summary

  • If you are making a life partner visa application (permanent residence) you do need to concern yourself with endorsing your life partner visa and are free to carry on your chosen activity with no further permissions when it is granted.
  • If you have a life partner visa or visa on a temporary residence basis you will need an endorsement.
    • Find out more information on endorsing the ‘old life’ partner visa here.
    • Find out more information on endorsing the ‘new’ life partner visa.

Getting help with your visa or visa application

We welcome the opportunity to consult with you as to your eligibility for a visa /visa and answer any questions you may have with no obligation.

www.samigration.com

South Africa Business Visa – General Information

Source : Sa Migration
07 October 2021
South Africa Business Visa – General Information
Your expression of interest of a business visa has reference and we have provided you with an overview of the basic requirements
A Business Visa is issued to foreign nationals wishing to invest in or purchase a business in South Africa.
Investment in own Business, with or without a South African partner.
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.
Although the Act calls for investment of R5,0 million in a business to get both temporary and permanent business visa, you can get these visas with less capital investment - sometimes for as low asR400,000 ($45,000 USD) investment using our expert team at SA Migration Services.
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:
• Agro-processing
• Business Process Outsourcing and IT Enabled Services
• Capital / Transport equipment, metals and electrical machinery and apparatus
• Electro Technical
• Textile, Clothing and Leather
• Pulp, paper and Furniture
• Consumer goods
• Boatbuilding
• Automotives and Components
• Green Economy Industries – Power Generation / Renewable Energy
• Advanced Manufacturing
• Tourism infrastructure
• Chemicals, plastic fabrication and pharmaceuticals
• Creative and Design Industry
• Oil and Gas
• Mineral beneficiation
• Infrastructure Development
• ICT - Information and communications technology
The Minister has declared any businesses in the following sector as undesirable and will therefore not be considered under this category of Visa :
a) Businesses that import second hand motor vehicles into the Republic of South Africa
or the purpose of exporting to other markets outside the Republic of South Africa
b) The exotic entertainment industry
c) Security Industry
SA Migration Services will professionally help to arrange your Business Permits for you.
How to Qualify for a Business Visa in South Africa
How to Qualify for a Business Visa in South Africa
If you want to know how to qualify for a business visa in South Africa, read our top 5 hints and tips below. If you prefer to speak to one of our experts you can call us on any of the numbers above or request a call back, or email us.
Our top 5 hints and tips on how to qualify for a business visa in South Africa.
1. The amount you need to invest
A large part of how to qualify for a business visa in South Africa is how much money you have to invest into your new South African business. A minimum investment is required to be made into the business within a 2 year period of time. Further the source of these funds must be from outside of South Africa.
Whilst exemptions to this investment can be applied for they are granted only rarely.
2. How many jobs you will create
South Africa courts foreign investment, from SME’s through to large corporates. A large factor in it doing so is the creation of employment opportunities for local South Africans. As such your application will be scrutinised for the employment positions it creates.
60% of your employees need to be either South African citizens or permanent residency holders.
3. What sector your proposed business is in
Whilst courting foreign investment, regulations also pay attention to attracting the right sort of businesses to South Africa. There are specific sectors such as tourism and manufacturing that are deemed priority industries.
Speak to one of team about the industry sectors currently deemed a priority.
4. A business plan
Many see a business plan as a blueprint to the success of the business. It is a direct reflection on the amount of research, innovation and thought that has gone into planning the operation.
Further, the business plan will also identify the business’s chances of succeeding and the applicant’s own business ability.
A comprehensive business plan which also highlights the applicant’s ability to meet the business visa requirements is a must.
5. Understanding the ongoing requirements
How to qualify for a business visa in South Africa is one thing; keeping the visa is another, and often little or poor advice is given to this important consideration.
Once the business visa is obtained there are ongoing requirements that must be adhered to. Temporary residency holders are obliged to report back to the Department of Home Affairs every 2 years, whilst permanent residency holders must do similar 2 years after receiving permanent residency and 3 years thereafter.
Know your future obligations and ensure you work with a company that is committed to you over the term of such obligations.
Immigration to South Africa on a business visa
Immigration to South Africa on a business visa
One of the ways of obtaining residency in South Africa is via Immigration to South Africa on a business visa. A business visa does not just mean setting up a business, or buying into one in South Africa, but it also means you wish to work within this business. Should you be wishing to invest, but not wishing to work in the business please see information here on the investors visa.
Below we give you ten need-to-know facts on Immigration to South Africa on a business visa:
1. Who can apply for a business visa?
Immigration to South Africa on a business visa is for foreign nationalities that are not married or in partnerships with either a South African citizen or permanent residency holder.
Those in such a relationship need to apply for either a spousal visa or life partner visa (depending upon their marital status) and obtain an endorsement to this visa rather than a standalone business visa.
2. What residency can you obtain with Immigration to South Africa on a business visa?
You would first apply for temporary residency (a business visa) which, if granted, is normally for a period of not more than 3 years. Once temporary residency has been received you may make an application for permanent residency (a business permit).
3. Can my family also immigrate if I am granted this visa?
As with all visa in South Africa each applicant is granted a visa in their own right. Your spouse or partner and any children of a non school age would need to apply for accompanying visa and children in education would require study visa.
4. What is the basic criteria for a business visa?
The Department of Home Affairs will require, amongst other items:
• A comprehensive business plan;
• An appropriative business structure;
• Undertaking with regards to the employment of South Africans;
• An investment amount of not less than 5 million rand originating from funds abroad;
5. Can I run more than one business?
Immigration to South Africa, on a business visa, is specific to a particular business and does not entitle you to work within any other entity other than the one specified on the application and subsequent visa. You can however freely make investments into other businesses but not work in them.
6. I have seen reports that you can get exemptions from investing the R5 million rand; is this true?
The immigration act does allow for this, you can view more here on business categories that may qualify for a waiver.
7. How many people must I commit to employing?
It is a requirement that 60% of your staff are South African citizens, or Permanent residency holders.
8. In what format must the business plan be?
There is no specified format but business plans are central to Immigration to South Africa on a business visa and as such must be comprehensive. It should also be remembered that the business plan also needs to be written in accordance with specific items that the Department of Home Affairs will look out for in judging your application so it will vary from a normal one.
9. Where should I make an application?
Legislation forbids any visa application that would result in a change of status. As an example, entering South Africa on a tourist visa and then applying whilst on this tourist visa for Immigration to South Africa on a business visa, would not be allowed. Where a change of status does not apply then the application can be made in South Africa.