The short answer

A person applying for temporary residence has to apply from outside of the country, but you can get an exemption from this by applying to Home Affairs through VFS Global..

The whole question

I am a refugee from Bangladesh. How do I change my status from asylum seeker to resident?

The long answer

Thank you for your email asking about changing your status from asylum seeker to resident.

You have probably heard that the Constitutional Court ruled in 2018 that any foreigner, including refugees and asylum seekers, could apply for temporary or permanent residence, and that this could be granted if the person fulfilled the requirements of the Immigration Act.

A person applying for temporary residence has to apply from outside of the country, but you can get an exemption from this by applying to Home Affairs. (This is called a Waiver of Regulation 9(5)). VFS Global, the company that processes applications for Home Affairs, says that it will immediately accept submissions at all their offices for exemptions from having to apply for temporary residence from outside the country. A person applying for permanent residence can apply from inside the country.

A temporary residence visa includes a study visa, a business visa, a critical skills visa and a spousal visa. All of these will have different qualifications. In terms of the spousal or life partner temporary visa, a person must have been living in a proven relationship with a partner for more than two years. In terms of permanent residence applications for spouses or life partners, you must have been in a proven relationship for more than five years, and emotional and financial support must be proved. You may have to be interviewed.

To apply for Temporary or Permanent Residency, you need to have the following documents ready:

• Proof of residence or spousal citizenship in South Africa

• Government issued Marriage Certificate (if you are married)

• A letter of support from the partner that holds citizenship/permanent residency

• Proof of current mental records and well-being

• A completed temporary or permanent residency application form

You could ask the following organisation for advice and assistance

🚗 Call to Action:

Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.

📞 WhatsApp: +27 82 373 8415

📧 Email: info@samigration.com

🌐 Website: www.samigration.com

Your compliance is our priority—let’s build your future together

Children born in South Africa to parents who are asylum seekers or refugees qualify for South African citizenship upon reaching 18 years of age, under the South African Citizenship Act. Below is the detailed procedure:

Eligibility Criteria

To qualify, the applicant must:

1. Birthplace and Residency:

o Be born in South Africa and have resided in the country from birth until the age of 18.

2. Legal Documentation:

o Be included in the parents' asylum seeker or refugee file and have maintained valid status throughout their residency..

General Work Visa

Under the General Work Visa there are very strict requirements. The South African government, although trying to promote work and trade in South Africa, recognize the need to give South Africans the chance to obtain employment ahead of any foreigner.

You will have to prove that you are the only person who can fill that position and that no other South African can play that role. This is done by placing an advert in a national newspaper advertising the position.

A Department of Labour report would need to be obtained.

You will also need to have a job offer/contract from your future employer.

The most important part of the process is skills assessment by SAQA (South African Qualifications Authority) in SA which evaluates your formal qualifications and compares them to a SA qualification. This process is mandatory and for this we would need your academic transcripts and award diplomas. Note under the regulations provision is made for the recognition of work experience in the absence of formal qualifications and this therefore makes provision recognition of prior work experience (RPL).

This is a paper based system which merely compares the foreign qualifications and arrives at an equivalent qualification in SA, and if qualified in SA then no SAQA needed.

Next your employer has to prove that you are the only person that can fill the position and no other South African can fill that role. This is done by placing an advert in a national newspaper advertising the position.

Please note the work Visa is issued in the name of the employer so the person is tied to the employer. If they change the job they will require a new work Visa.

There is some good news for people who are qualified through work experience only and they can qualify if they don’t require formal qualifications, ie SAQA.

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Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

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South African Citizen by Descent
South African Citizen by Naturalisation:
Automatic loss of Citizenship
Resumption of South African citizenship
Deprivation of Citizenship
South African Citizen by Naturalisation:
Automatic loss of Citizenship
Resumption of South African citizenship
Acquisition of the citizenship or nationality of another country

How can we help you?
Please email us to info@samigration.com
Whatsapp message us 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


Get More Info By Following Our Page: https://www.youtube.com/@samigration

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SAMI issues a monthly Newsletter to update you on topical immigration and related matters that we believe you should be aware of especially with regard to the procedures and rules pertaining thereto. These newsletters will provide you with useful information on any aspect of life related to immigration and relocation. If you are interested in a visa or just to visit you should subscribe to the Free Newsletter service of SAMI.
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How can we help you?
Please email us to info@samigration.com
Whatsapp message us 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


Get More Info By Following Our Page: https://www.youtube.com/@samigration