South African Business Visa

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

(n) 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.

How can we help you , please email us to info@samigration.com whatsapp me 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

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Alternatively , please contact us on :

 Whatsapp  Tel No : +27 (0) 82 373 8415

 

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )

Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155

 

 

www.samigration.com

 

Abandoned Asylum Seeker Status – What does it mean and what can I do

Home Affairs implemented the Refugees Act and certain provisions of new regulations (both implemented on 1 January 2020), which sought to return asylum seekers back to their home country, simply for being a month late in renewing a visa where they could face detention without trial, rape, torture or death,

This had the effect that if you did not renew your asylum in 30 days under the new Act you could no longer pay a fine for being illegal and simply continue with your asylum . This is a huge problem so for example if you expired during lockdown you could in theory be deported as there was no provision for a fine .

Home Affairs has been interdicted from implementing certain provisions of the Refugees Act and new regulations (both implemented on 1 January 2020), which sought to return asylum seekers back to their home country, where they could face detention without trial, rape, torture or death, simply for being a month late in renewing a visa.

The Scalabrini Centre of Cape Town, represented on a pro bono basis by Norton Rose Fulbright and advocates David Simonsz and Nomonde Nyembe, sought to prevent the short- and long-term operation of the abandonment provisions, as the provisions infringed on asylum seekers’ rights to life, freedom and security of person, dignity and equality; and prevented South Africa from fulfilling its international law obligations towards refugees, including the international law principle of non-refoulement. The suspended provisions are commonly referred to as the ’’abandonment provisions’’.

The suspension will operate until the constitutional attack against the impugned provisions has been adjudicated on by the Western Cape High Court and, to the extent necessary, confirmed by the Constitutional Court.

’’The abandonment provisions meant that in the event that an asylum seeker fails to renew their asylum visa timeously, their applications for asylum are deemed abandoned. Arrest and deportation would follow for individuals with valid and undecided claims for asylum. Only where an asylum seeker has a compelling reason (and proof thereof) for delaying to renew a permit following a lapse (such as hospitalisation or imprisonment), can the Department of Home Affairs pardon the late renewal.

’’This is deeply problematic as it means that refugees can be returned to face persecution, without ever having the substantive merits of their asylum application determined.

www.samigration.com

 

R200 000 for refugee who is legally in SA but detained for 21 days

Pretoria News - 27 Mar 2022

Pretoria - The South African authorities failed to recognise the rights of a refugee who is legally in the country, the Pretoria Magistrate’s Court has found.

He had to spend 21 days in appalling conditions behind bars - simply because both the police and Home Affairs refused to look at his valid refugee permit.

Roy Kamushinda then instituted a R200 000 in damages claim against the police in the Pretoria Magistrate’s Court.

A magistrate this week ordered that Kamushinda was entitled to the damages and ruled that the State entities had to pay him accordingly for his unlawful arrest and detention.

Kamushinda was stopped on May 6, 2015 by police in Johannesburg during a stop-and-search crime prevention operation.

He was asked to produce valid documentation that he was legally in the country.

Kamushinda informed the police officer that he was a recognised refugee, but that he was not in possession of his permit, which he had accidentally left at his home that morning.

He explained that he could fetch it as his home was about 15 minutes from where he was stopped. However, he was arrested and subsequently detained at the Johannesburg Central police station.

Upon arrival at the police station, he explained to different people that he was a recognised refugee and had a valid permit at his home. No one from the SAPS listened to him or attempted to assist him.

Six days after his arrest, Kamushinda was interviewed by Home Affairs officials for verification of his immigration status in South Africa. During this interview, he repeatedly explained that he was documented and had a valid refugee permit at home.

The officials, however, refused to discuss his documentation status with him.

About a week later, Kamushinda was able to phone his landlord for the first time and request that he bring his refugee permit to the police station, which he did.

Kamushinda subsequently presented his valid refugee permit to police officers, but they informed him that it was too late and they could not help him.

Later that day, he was transferred to the Lindela Repatriation Centre to be detained pending his deportation. Upon arrival at Lindela, Kamushinda presented his valid refugee permit to different officials, but no one assisted him.

A few days later, he again presented his refugee permit to a Home Affairs official who made a copy of his permit. It was only on May 27, 2015 after spending 21 nights in appalling conditions of detention that Kamushinda was released from detention following a letter of demand sent by Lawyers for Human Rights.

The organisation represented him in his claim for damages against the Minister of Police, where the court was required to assess whether the SAPS had acted wrongfully, thereby giving rise to a claim for damages.

In coming to its conclusion, the court considered whether the arresting officer had the prerequisite reasonable suspicion to conduct a warrantless search of Kamushinda and eventually held that he did not.

The court concluded that the stop-and-search crime prevention operation was thus unlawful, and that Kamushinda deserved to be compensated for his nightmare ordeal.

Lawyers for Human Rights said it welcomed this decision, especially as the country marks Human Rights Day on March 21, which is a reminder that the Constitution and legislation promotes and demands that there be equitable and non-discriminatory policing and immigration services to all, including non-nationals.

Nyiko Manyusa, the attorney who led the court case, said the law requires law enforcement officials to discharge their duties with care and diligence, taking into consideration people’s human rights and dignity.

“In Mr Kamushinda’s case, although he is a refugee in South Africa, the law still required the police and immigration officers to discharge their duties in a responsible manner, and not unlawfully search and arrest him.”

Manyusa said it was hoped that Kamushinda’s victory would be a reminder to all, especially those in authority, that they had to respect people’s rights as no one was above the law.

“That is what the Constitution and democracy demands from us,” Manyusa said.

www.samigration.com

Life Partner Visa – South Africa

Life Partner visa is issued to someone in a long term relationship.

This type of South Africa life partner visa is available to people in either heterosexual or same-sex relationships and can apply for a life partner temporary residence visa or a permanent residence depending on the length of the relationship in question.

An application for temporary residence life partner visa requires that the partners are in a proven relationship for 2 years. Foreigners who are life partners of South African citizens or permanent resident holders may apply for permanent residence if they have been together for 5 years or more in terms the Immigration Act.

To obtain permanent residence, you would have to have been living with your partner for more than 5 years. This came about with the new regulations.

The life partner visa is very similar to the spousal visa but accommodates same sex partnerships. You will have to prove financial and emotional support and may be called upon to be interviewed by the department.

SA Migration Intl will guide you through the entire process and make sure that your application is fully compliant with the immigration law to ensure a successful outcome. Once your application has been submitted we ensure you will be able to track the progress of said application either directly via VFS or via our followup processes via our application tracking system and be kept fully up to date with the progress of your application.

Once we confirm that you will qualify for the visa we will ensure you have a successful application.

If you need a life partner or spouse visa for South Africa please contact us now!

How can we help you , please email us to info@samigration.com whatsapp me 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

 

Alternatively , please contact us on :

 Whatsapp  Tel No : +27 (0) 82 373 8415

 

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )

Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155

 

 

www.samigration.com

 

Portuguese Golden Visa: Ultimate guide to Portuguese citizenship

The South African – 27 March 2022

Are you planning to emigrate to Portugal? The Portuguese Golden Visa might be the best option for you. Here’s what you need to know to apply.

The ultimate guide to a Portuguese Golden Visa

The Portuguese Golden Visa enables third-country nationals to obtain a temporary residence permit to live and work in Portugal. 

Portuguese, EU and EEE nationals are not eligible for the Portuguese ARI/Golden Visa scheme.

Why you should apply for the Portuguese Golden Visa residence permit?

You are able to renew it if you stay physically in Portugal for a period of at least 7 days a year during the validity of your Golden Visa.

Advantages of applying for the Portuguese Golden Visa

• Very low minimum stays requirements in Portugal — a minimum of 35 days for 5 years.
• Family reunification.
• Residence visa waiver for entering Portugal.
• Visa exemption for travelling within the Schengen Area for 90 days out of 180.
• Applying for permanent residence after 5 years.
• Applying for Portuguese citizenship after 5 years.

Which family members can be added?

• Main Investor.
• Spouse (same sex is also qualified).
• Minor children.
• Adult children, financially dependent and single.
• Parents and parents in Law.

Portuguese Golden Visa Investment options available ?

All third-country citizens who invest in Portugal through one of the below-mentioned investment options are eligible, provided they fulfil the quantitative and the time requirements set out by law.

• Capital transfer with a value equal to or above 1,5 million Euros.
• The purchase of real estate property with a value equal to or above 500 thousand Euros.
• The purchase of real estate property, with construction dating back more than 30 years or located in urban regeneration areas, for rehabilitation works, for a total value equal to or above 350 thousand Euros.
• Capital transfer of the amount of 500 thousand Euros, or higher, for the acquisition of units of investment funds or venture capital fund of funds dedicated to the capitalization of companies, capital injected under the Portuguese legislation, whose maturity, now of the investment, is, at least, of five years and, at least, 60% of the investments is realized in commercial companies with head office in national territory.

How Dumont dos Santos can help you

Dumont dos Santos, have been assisting people for almost 5 years with immigration matters ranging from routine applications to the most complex immigration issues. Their experienced team has an in-depth understanding of the effect of possible changing legislation on immigration and is in the best position to provide you with the best solution to immigrate to Portugal.

Dumont dos Santos lawyers can help you with the following Portuguese Golden Visa steps:

1. Obtain the Portuguese tax identification Number (NIF).
2. Open a Portuguese bank account.
3. Complete the eligible investment (complete investment in the Fund, purchase real property, etc.).
4. Collect and certify the documentation necessary for the application.
5. Apply for the Golden Visa through the government portal.
6. Book the personal interview after SEF notification.
7. Attend the interview in person to submit original documentation and have the biometric data collected.

The total timeline from starting the process until obtaining Portuguese citizenship will be around 8 years, depending on the procedure time of the public entities.

www.samigration.com