examines whether utilizing the services of a professional immigration agency offers advantages during the retired visa application process. Below is an in-depth analysis.

1. Understanding the Retired Visa Application Process

The retired visa application process requires compliance with South African immigration laws and regulations. The process includes:

• Completing detailed application forms.

• Compiling and submitting supporting documentation.

• Meeting financial and medical requirements.

• Dealing with South Africa's Department of Home Affairs (DHA), which can have variable processing times and strict requirements.

Even though applicants can apply on their own, the complexity of the process makes many consider professional assistance.

2. Role of an Immigration Agency

An immigration agency specializes in assisting clients with visa and residency applications. Their services often include:

1. Pre-Assessment: Assessing the applicant’s eligibility for the retired visa.

2. Document Preparation: Guiding applicants on the required documents and ensuring accuracy.

3. Compliance: Ensuring all submissions meet legal and regulatory requirements.

4. Submission and Follow-Up: Managing the application process with DHA or South African consulates abroad.

5. Problem Resolution: Handling potential complications, such as delays or rejected applications.

3. Benefits of Using an Immigration Agency

Here’s why it might be beneficial to use an immigration agency:

A. Expert Knowledge

• Immigration agencies are well-versed in South Africa’s Immigration Act and regulations.

• They stay updated on policy changes that could affect visa applications, such as changes to financial thresholds or documentation requirements.

B. Time Efficiency

• Agencies streamline the process by ensuring applications are complete and error-free, reducing the likelihood of delays or rejections.

• They manage communication with DHA, which can save the applicant significant time.

C. Navigating Bureaucracy

• Dealing with DHA or South African embassies can be challenging due to inefficiencies and backlogs. Agencies often have experience navigating these issues effectively.

D. Reducing Risk of Rejection

• Visa rejections are often due to incomplete documentation, errors, or failure to meet specific criteria. Agencies mitigate this risk by ensuring all requirements are met.

E. Personalized Guidance

• Agencies provide tailored advice, such as alternative options for meeting financial requirements (e.g., proving a lump sum vs. monthly income).

• They guide applicants on additional endorsements, such as the ability to work or study if applicable.

F. Support for Foreign Applicants

• Non-South African nationals may find the process particularly complex due to unfamiliarity with local laws, language barriers, or challenges in obtaining South African police clearances. Agencies provide critical support in these areas.

4. Potential Drawbacks

While there are significant advantages, there are some considerations to keep in mind:

A. Cost

• Immigration agency services come with additional fees on top of government visa fees. Applicants need to weigh this cost against the benefits provided.

B. Reliability of the Agency

• Not all agencies operate at the same level of professionalism. Choosing an unqualified or unethical agency can lead to complications.

C. DIY Alternative

• For applicants who are confident in navigating bureaucratic processes and have straightforward applications, hiring an agency may not be necessary.

5. Key Scenarios Where an Agency is Especially Beneficial

• Complex Financial Documentation: For retirees with diverse income sources (e.g., pensions, annuities, investments), agencies can ensure proper documentation and presentation.

• Past Visa Rejections: Applicants with prior rejections can benefit from professional guidance to address the underlying issues.

• Time Constraints: Applicants on tight timelines benefit from the efficiency and expertise of an agency.

• Language Barriers: Applicants who are not fluent in English may struggle to complete forms or communicate with DHA.

6. How to Choose a Reliable Immigration Agency

• Accreditation: Verify the agency is registered with professional bodies like the Forum of Immigration Practitioners of South Africa (FIPSA).

• Track Record: Research client reviews and testimonials.

• Transparency: Ensure they provide clear information about fees and services.

• Specialization: Choose an agency experienced specifically in retired visa applications.

7. DIY Application vs. Agency Assistance

Aspect DIY Application With Immigration Agency

Cost Lower (only government fees) Higher (agency fees added)

Time Investment High (self-managed) Lower (agency handles process)

Risk of Rejection Higher (errors or incomplete application) Lower (agency ensures compliance)

Knowledge Requirements High (research required) Low (agency provides expertise)

8. Conclusion

Hiring an immigration agency to assist with the retired visa application in South Africa can be highly beneficial, especially for applicants who:

• Are unfamiliar with South African immigration laws.

• Have complex financial situations or limited time.

• Face potential challenges, such as language barriers or past rejections.

The decision ultimately depends on the applicant's comfort with the process, financial capacity to pay for agency services, and willingness to handle the bureaucracy independently. For those seeking a smoother, more efficient process with reduced risks of rejection, engaging a professional immigration agency is a valuable investment.

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The short answer
The Constitutional Court ruled in October 2018 that a blanket ban on asylum seekers applying for temporary or permanent residence visas was not justified.

The whole question
I have been an asylum seeker for seven years. I read a GroundUp article that said asylum seekers can not be banned from applying for permanent residence. Can I apply for permanent residence? It would make my life a lot easier.

The long answer
Thank you for your email asking about applying for a residence visa as an asylum seeker of seven years.
It is true that the highest court in the land, the Constitutional Court, ruled in October 2018 that a blanket ban on asylum seekers applying for temporary or permanent residence visas was not justified.

The court said that while it was true that temporary residence permits had to be applied for outside the country, the applicant could apply for an exemption from that part of the Immigration Act, and this exemption could be granted as many asylum seekers could not return to their countries of origin without danger, and did not have valid passports. The court said that there was no reason that asylum seekers should not apply for residence visas, as the Immigration Act should not be in opposition to the Refugees Act.

VSF Global, the company that processes applications for Home Affairs, has issued a statement acknowledging the Constitutional Court's judgement. VSF says that it will immediately accept submissions at all their offices for exemptions from having to apply for temporary residence from outside the country. They say that a directive about permanent residence applications will be made soon.

So it looks as though nothing can prevent you from applying for an exemption at a VFS office

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Foreigners may purchase and own immovable property in South Africa without any restrictions, as foreigners are generally subject to the same laws as South African nationals. The only foreigners disqualified from owning property in South Africa are foreigners that are here illegally.

It is thus possible for a foreign individual to own property individually, jointly or in undivided shares. Foreign companies and trusts are also permitted to own property in South Africa, provided that they are registered in South Africa as an external company.

What is required as a foreigner purchasing property?
While purchasing property in South Africa as a foreigner has its advantages, it is important to bear the following considerations in mind, namely:

Visa requirements
Non-residents would need to comply with the Immigration Act 13 of 2002 if they intend to stay in their South African property for extended periods. The permit for which they apply would largely depend on their country of origin, the purpose of their visit and how long they intend on staying in South Africa.
Although there is a lengthy list of countries who do not need visas for visits of less than 90 days, foreign nationals from visa-restricted countries will have to apply for the relevant visa.

Capacity to enter into an agreement
Should the foreign purchaser not be in South Africa to sign transfer or bond documents, such purchaser will need to have the documents signed either at a Notary Public, who (depending on the country of signature) may have to have the documents Apostilled; alternatively the purchaser could also sign the necessary documents at a South African embassy.

Additional costs
Foreign nationals are, as is the case with South African residents, liable for any transfer duty, should the value of the property exceed R900,000. Properties purchased from developers, on the other hand, will generally attract Value Added Tax (VAT) as opposed to transfer duty and which VAT sum will be included in the purchase price.

They will also be liable for the ordinary costs of transfer which are payable by purchasers when purchasing property (kindly consult our tariff guide for an estimate on the property transfer costs).

It is very important to note that foreigners who purchase property in South Africa must register as South African tax payers for their Capital Gains Tax obligation. Should the foreigner wish to sell his property, a withholding tax of a certain percentage on the proceeds of the sale of a property of more than R2-million becomes payable until clearance is received from the South African Revenue Service from any amount to be paid to the seller or the seller’s agent. This can be avoided if the South African Revenue Service is approached prior to the transfer to obtain a tax directive and in which case only the directed amount (if any) will be withheld.

Financing
South African exchange control regulations determine the extent to which foreign buyers can borrow money locally to fund the purchase. Foreign buyers not working in South Africa will typically not be granted more than half of the purchase price to fund the purchase. The balance must then be paid in cash and this may be cash generated in South Africa, or off-shore funding.
Foreigners who have temporary work permits may be granted more than half of the purchase price, but the loan amount will still depend on the bank’s criteria. A condition of the loan would be that the buyer must reduce the bond to less than half of the registered amount before they leave South Africa to go back abroad. Some institutions would possibly require a work permit of at least four (4) years before they would consider a bond for more than half of the purchase price.
Consult with legal experts before purchasing property as a foreigner
When purchasing property as a foreigner, it is important to partner with a team of experts you can trust. Our Conveyancing and Property Law team are well experienced in assisting foreign nationals purchase property in South Africa, contact our knowledgeable team for more information.
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The Director-General of Home Affairs may withdraw an asylum seeker visa if the applicant is or becomes ineligible for asylum. Ineligibility includes the commission of a schedule 2 crime in South Africa, the re-availment of the asylum seeker to the protection of his or her country of origin or the participation in political activities in South Africa. The asylum seeker may make written representations within seven working days following the notification of the intention to withdraw. The Director-General must, after consideration of these representations, furnish the asylum seeker with a final decision regarding the withdrawal of the asylum seeker visa.

Travel Document
Recognized refugees are entitled to a South African travel document to allow to travel outside South Africa, except to their country of origin. In Anshur v Minister of Home Affairs [unreported], the North Gauteng High Court ordered the Department of Home Affairs to issue travel documents to the applicant pursuant to the Passport and Travel Documents Act, 4 of 1994. An application for a travel document must be accompanied by (1) a copy of the applicant’s certificate of recognition as a refugee, which must be valid for a period not less than 180 days at the time of submission of the application for a refugee travel document, (2) a copy of a valid identity card or document issued to the refugee, and (3) the biometrics of the refugee. An application for a refugee travel document by a person who is under the age of 16 years, must be made with the assistance of the applicant’s parents or legal guardian and must be accompanied by (1) where applicable, a copy of the birth certificate of such person, (2) a copy of the certificate of recognition of refugee status which was issued to that person, and (3) the biometrics of the refugee.

Marriage
In Ochogwu, the Supreme Court of Appeal ruled that the ineligibility of asylum seekers, whose status has not been determined, to marry, whilst lawfully residing in South Africa, was inconsistent with the law. This means they can marry .
If you find yourself in this situation let us assist you .
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Pending the decision on the asylum application, the extension of an asylum seeker visa must be made at the Refugee Reception Office where the application was submitted. However, in Nbaya, the Western Cape High Court ordered Cape Town RRO to renew or extend asylum seekers’ section 22 permit even though the permit holder had originally applied for asylum at a RRO other than Cape Town. An application for asylum will be deemed to be abandoned if the asylum seeker did not renew his or her asylum seeker visa within 90 days after it has expired: Provided that the asylum seeker advances valid reasons for the non-renewal of the asylum seeker permit.

Abandoned Asylum Seeker
The abandonment provisions provided 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; back to countries of origin where they could face death, torture, sexual violence, and other forms of persecution from which they originally fled, or to countries experiencing grave disturbances to the public order. 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. It also leaves asylum seekers vulnerable in South Africa as essentially undocumented foreigners who will struggle to access health care, employment and education while they await the decision of whether their reason for late renewal meets the Department of Home Affairs high threshold.

The reality for asylum seekers is that they are frequently required to renew their asylum visas. In the renewal process, they experience extraordinary delays caused by the administrative failures of the Department of Home Affairs. These are often exacerbated by socio-economic factors such as not having the means to travel to far away Refugee Reception Offices as frequently as is required, waiting in long queues at the Refugee Reception Offices, facing corruption from officials who refuse to renew visas without bribes, or the general inefficiency of the Refugee Reception Offices that are over-worked but under-staffed
On in January 2020, Legal practitioners expressed deep concern over the Refugee Amendment Act, which came into force on 1 January 2020. This Act came into force upon the signing and Gazetting of the Refugee Regulations. Several aspects of the new law undermine asylum seekers' and refugees' rights.

Of particular and urgent concern are the so-called 'abandonment clauses'. We are challenging the constitutionality of Sections 22(12) and (13) of the Refugee Amendment Act and Regulation 9 of the Refugee Regulations.

These sections of the Refugee Amendment Act and Regulations effectively mean that the claim of an asylum-seeker in South Africa 'must' be considered 'abandoned' if their asylum seeking visa expires for 30 days or more. If there are no 'compelling reasons' around why an asylum seeker holds and expired permit, these persons would be treated as 'illegal foreigners' and risk facing arrest and deportation. The Refugee Amendment Act also prevents that person from re-applying for asylum in South Africa – which seems to run against international refugee law.

Asylum Seeker Visa Withdrawal
The Director-General of Home Affairs may withdraw an asylum seeker visa if the applicant is or becomes ineligible for asylum. Ineligibility includes the commission of a schedule 2 crime in South Africa, the re-availment of the asylum seeker to the protection of his or her country of origin or the participation in political activities in South Africa. The asylum seeker may make written representations within seven working days following the notification of the intention to withdraw. The Director-General must, after consideration of these representations, furnish the asylum seeker with a final decision regarding the withdrawal of the asylum seeker visa.
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