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Here is a detailed explanation of what it means to be a prohibited person, the steps you can take to return, and possible legal remedies. 1. What is a Prohibited Person? A prohibited person is someone who is not allowed to enter or remain in South Africa due to specific legal reasons. This status is defined under Section 29 of the Immigration Act, 2002 (Act No. 13 of 2002). Being declared a prohibited person is more serious than being an "undesirable person," as it usually involves long-term or permanent bans. 2. Reasons Why Someone Can Be Declared a Prohibited Person According to Section 29(1) of the Immigration Act, you may be declared a prohibited person if you fall under any of the following categories: a) Having a Serious Criminal Record • If you have been convicted of serious crimes (such as murder, drug trafficking, rape, human trafficking, terrorism, or fraud), you can be prohibited from entering South Africa. • Even if you have served your sentence, the DHA can still enforce a permanent ban. • Crimes that involve national security are especially problematic. b) Being Identified as a National Security Threat • If the State Security Agency (SSA) or any intelligence agency has flagged you as a threat to national security, you may be declared a prohibited person. • This includes suspected involvement in terrorism, espionage, or organized crime. c) Being Infected with a Contagious Disease • If you are infected with a communicable disease that is considered a public health risk, you may be prohibited from entering South Africa. • Examples include Ebola, drug-resistant tuberculosis (TB), or other high-risk diseases. • Exception: If you can prove that you will receive medical treatment in South Africa and will not pose a public health threat, the prohibition may be reconsidered. d) Being a Member of an Organization Associated with War Crimes or Human Rights Violations • If you were part of an organization that committed war crimes, genocide, crimes against humanity, or apartheid-related crimes, you may be permanently banned. • This includes individuals associated with dictatorial regimes, extremist groups, or paramilitary organizations. e) Using Fraudulent Documents or Misrepresenting Facts • If you used fake passports, visas, identity documents, or provided false information in a visa or permanent residency application, you can be banned. • This includes fake marriages for visa purposes. 3. Can a Prohibited Person Ever Come Back to South Africa? Yes, but only under certain conditions. If you have been declared a prohibited person, there are three possible ways to try and overturn the prohibition: Option 1: Apply for a Waiver (Exemption) • Legal Basis: Section 29(2) of the Immigration Act allows the Minister of Home Affairs to grant an exemption to a prohibited person. • This is not automatic and requires a formal application. • A waiver is granted only in exceptional circumstances, such as: o Strong humanitarian reasons (e.g., reuniting with family, urgent medical treatment). o Evidence that the reason for prohibition no longer applies. o If the ban was issued in error. Option 2: Appeal the Prohibition Decision • If you believe the prohibition was unfair or a mistake, you can appeal to the Director-General of Home Affairs. • You must submit evidence proving why you should not be classified as a prohibited person. • If the DHA rejects your appeal, you can take the case to the High Court. Option 3: Apply for Rehabilitation (For Criminal Records) • If your prohibition is due to a criminal conviction, you may be eligible for rehabilitation. • To qualify, you must: o Complete your prison sentence (if applicable). o Wait at least 10 years from the date of conviction. o Show proof that you have been reformed and no longer pose a threat. o Obtain a police clearance certificate from your home country showing no new offenses. o Provide supporting documents (e.g., proof of employment, community work, testimonials). 4. What is the Process to Request a Waiver or Appeal? If you want to overturn your prohibited status, you must follow these steps: Step 1: Gather Supporting Documents Prepare documents that support your application, such as: ✅ A formal letter explaining why you should be allowed to return. ✅ A police clearance certificate (if applicable). ✅ Medical records (if the prohibition was due to health reasons). ✅ Proof of rehabilitation (if prohibited due to a criminal record). ✅ Supporting affidavits from family members or employers in South Africa. Step 2: Submit an Application for a Waiver • Submit your request to the Minister of Home Affairs. • The application should be addressed to: Department of Home Affairs, Waivers Section, Pretoria, South Africa. • Processing times vary, but it can take several months. Step 3: Follow Up • The DHA may ask for additional documents or interviews. • If approved, you will receive written confirmation lifting the prohibition. Step 4: If Denied, Take Legal Action • If your waiver is denied, you can file a legal challenge in the High Court of South Africa. • You will need a qualified immigration lawyer to assist with this process. 5. Can You Enter South Africa While Waiting for a Decision? No. If you have been declared a prohibited person, you cannot enter South Africa until the DHA officially lifts your status. Attempting to enter the country illegally (e.g., with a fake passport or through a border crossing) can lead to criminal charges and a permanent ban. 6. How Long Does It Take to Overturn a Prohibition? • A waiver application can take 6 months to 2 years to process. • Appeals can take several months to over a year. • If legal action is needed, the process can take years. 7. Conclusion: Can You Come Back to South Africa? ✅ Yes, if you successfully apply for a waiver. ✅ Yes, if you appeal and win your case. ✅ Yes, if you apply for rehabilitation (for criminal cases). ❌ No, if the DHA rejects your waiver or appeal and you do not take further legal action. ❌ No, if your prohibition is due to serious crimes or national security threats. Would you like help with writing a waiver request, filing an appeal, or finding legal representation for your case? 😊 How can we help you , please email us to info@samigration.com whatsapp message 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 |
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________________________________________ 1. Legal Basis for Revocation of Permanent Residency South African permanent residency is granted under the Immigration Act, 2002 (Act No. 13 of 2002). According to this Act, the DHA has the right to revoke permanent residence if certain conditions are met. The key legal provisions include: • Section 28 of the Immigration Act – Lists conditions under which permanent residence may be withdrawn. • Regulation 27 of the Immigration Regulations – Provides guidelines on residency requirements and obligations. • Constitutional Rights – While permanent residents have many rights similar to citizens, they are still subject to immigration laws. 2. Grounds for Revocation of Permanent Residency a) Absence from South Africa for More Than Three Consecutive Years • If a permanent resident stays outside South Africa for more than 3 consecutive years without returning, their status may be revoked. • The absence must be uninterrupted, meaning the individual never re-entered South Africa during the period. • Short visits to South Africa may prevent revocation, but frequent long-term absences can raise red flags. • Exception: If a valid reason for absence is provided (e.g., medical treatment, employment abroad with permission from DHA), revocation may be avoided. b) Fraud or Misrepresentation in the Application • If an individual obtained permanent residency through false information, forged documents, or misrepresentation, the DHA can revoke their status. • This includes cases where the applicant lied about their qualifications, marital status, or business investments. • If the DHA discovers fraud years later, they can still cancel residency. • If a spousal-based permanent residency was obtained but the relationship was fraudulent (e.g., a fake marriage), it will be revoked. c) Criminal Convictions • Serious criminal offenses can lead to revocation, particularly if the crime threatens national security, public order, or economic stability. • Crimes such as drug trafficking, fraud, violent offenses, or terrorism-related activities may result in cancellation. • Convictions for minor offenses (e.g., traffic violations) typically do not lead to revocation. • If a permanent resident is declared "undesirable" due to criminal activity, their status may be withdrawn. d) Failure to Comply with the Terms of Residency • Some categories of permanent residency come with specific conditions (e.g., business visa holders must continue operating their business). • If a business-based permanent resident closes their business or does not meet the required job creation criteria, their residency may be revoked. • For retirement-based residency, failure to meet the minimum required monthly income could lead to revocation. e) Being Declared an "Undesirable Person" • Under Section 30 of the Immigration Act, a permanent resident can be declared undesirable if they: o Engage in activities that threaten public safety or national security. o Are involved in human trafficking, terrorism, or corruption. o Have a serious communicable disease (in rare cases). • A person declared undesirable may be banned from re-entering South Africa. f) Involvement in Terrorism or Subversive Activities • If a permanent resident is found to be involved in terrorism, espionage, or attempts to overthrow the government, their status can be revoked. • Association with banned organizations may also lead to cancellation. g) Revocation of Refugee Status (For Asylum Seekers) • If permanent residency was granted based on refugee status, and the individual: o Voluntarily returns to their home country, o Commits fraud in their refugee application, o No longer needs protection under international refugee laws, o They may lose both their refugee status and permanent residency. 3. The Process of Revocation If the DHA suspects that a permanent resident has violated residency laws, the following process is usually followed: Step 1: Notification of Intention to Revoke • The DHA issues a formal Notice of Intention to Revoke permanent residency. • The notice states the reasons for possible revocation. • The individual is usually given 30 to 60 days to respond or provide evidence against the revocation. Step 2: Submission of Response • The permanent resident can submit documents, affidavits, or legal arguments to challenge the revocation. • Supporting evidence may include proof of travel history, business operation, tax compliance, or legal status. • Legal representation (immigration lawyers) can be used to defend the case. Step 3: DHA Review and Decision • The DHA reviews the response and either cancels or upholds the revocation. • If the response is accepted, the person retains their permanent residency. • If revocation is confirmed, the DHA will issue an official Revocation Order. Step 4: Appeal Process • A revoked permanent resident has the right to appeal the decision within a set period. • The appeal can be made to the Minister of Home Affairs or through the South African courts. • If the appeal fails, the individual may be ordered to leave the country. 4. Can Revoked Permanent Residency Be Reinstated? Yes, in some cases, a person can reapply for permanent residency or petition for reinstatement if they can prove: • The revocation was based on incorrect information or misunderstanding. • They had a valid reason for prolonged absence (e.g., working abroad for a South African employer). • They have corrected any previous non-compliance issues. 5. How to Prevent Permanent Residency Revocation To avoid losing permanent residency, individuals should: ✅ Not stay outside South Africa for more than 3 years without returning. ✅ Ensure all information provided to DHA is truthful and avoid using fraudulent documents. ✅ Avoid criminal activity and comply with South African laws. ✅ Continue meeting financial or employment obligations (for business, retirement, or work-based residency). ✅ Maintain accurate records of travel, tax filings, and business operations. ✅ Renew necessary permits or sectoral approvals (if applicable). ✅ Respond promptly if the DHA requests documents or information. Conclusion Yes, permanent residency in South Africa can be revoked under specific conditions, mainly for prolonged absence, fraud, criminal activity, or failure to comply with residency terms. If the DHA intends to revoke someone's residency, they will be given a chance to respond or appeal. However, if revocation is finalized, the person may have to leave South Africa or apply for a new visa. Would you like help with specific revocation cases, legal appeals, or ways to protect your permanent residency? 😊 How can we help you , please email us to info@samigration.com whatsapp message 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 |
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Below is an explanation of what must be done: 1. Compliance with Initial Visa Conditions When a business visa is granted, certain conditions must be met and maintained throughout the visa's validity period. These conditions typically include: a) Minimum Investment Requirement • The applicant must have invested at least R5 million (previously R2.5 million in some cases or less if such investment was waived ) in their business. • This amount must be from foreign direct investment (FDI) and must be invested into the South African economy. • The funds should be used for business operations, including capital expenditures, inventory, infrastructure, and expansion. • If the initial investment was approved with a waiver of the full R5 million requirement, any specific alternative conditions granted by the DHA must still be followed. b) Business Structure & Operation • The business must be registered with the Companies and Intellectual Property Commission (CIPC) as a (Pty) Ltd, Close Corporation (CC), or another recognized legal entity. • The visa holder must be actively involved in the management and daily operations of the business. • The business must be lawfully operating within its permitted industry. c) Job Creation for South African Citizens • The business must employ at least 60% South African citizens or permanent residents. • Proof of employment (such as payslips, UIF contributions, and employment contracts) must be available for verification. d) Compliance with Tax and Financial Regulations • The business must remain in good standing with the South African Revenue Service (SARS) and submit: o Annual tax returns o VAT (if applicable) o PAYE (Pay-As-You-Earn) for employees o UIF (Unemployment Insurance Fund) contributions • An independent Chartered Accountant’s Report is required to verify compliance. e) Sector-Specific Approval (if applicable) • If the business operates in a regulated industry (e.g., healthcare, finance, security), sector-specific licenses or permits must be maintained. 2. Renewing the Business Visa A business visa is usually granted for 3 to 5 years and must be renewed before expiration. The renewal process requires: a) Proof of Continued Investment • Bank statements, audited financial statements, and investment confirmations must be submitted to show that the required capital remains within the business. b) Updated Business Plan • The business plan should reflect the company's financial growth, job creation, and future projections. c) Proof of Employment for South Africans • An updated staff list showing compliance with the 60% local employment rule. • Signed employment contracts and statutory ontribution records. d) Updated Chartered Accountant’s Letter • A registered accountant or auditor must confirm that the business remains financially viable and compliant with tax laws. e) Valid Business Licenses • If required for the specific industry, renewed sectoral licenses and permits should be provided. 3. Prohibited Activities (That Can Lead to Cancellation) A business visa holder must NOT: 1. Engage in Unauthorized Business Activities – The visa is tied to a specific business; changing industries without approval may result in cancellation. 2. Fail to Maintain Investment – If the required capital is withdrawn or misused, the visa may be revoked. 3. Fail to Employ South African Workers – The business must maintain the required ratio of local employment. 4. Fail to Submit Tax and Financial Reports – Tax evasion, fraud, or failure to submit SARS returns can result in legal action and visa revocation. 5. Violate Immigration Laws – Any breach of visa conditions, including working outside the authorized business, could lead to penalties or deportation. 4. Reporting and Compliance Checks • The Department of Home Affairs and Department of Labour may conduct periodic checks to verify compliance. • DHA may request financial reports, employee contracts, and proof of active business operations at any time. • Failure to comply can result in visa cancellation, penalties, or deportation. Conclusion To maintain a South African business visa, you must: ✅ Keep your business legally registered and operational. ✅ Maintain the R5 million investment (or approved amount if a waiver was granted). ✅ Employ at least 60% South African workers. ✅ Stay compliant with tax and labor laws. ✅ Renew your visa before it expires with proper documentation. ✅ Follow the business plan and industry regulations. Would you like help with specific aspects, such as renewal procedures or compliance audits? 😊 How can we help you , please email us to info@samigration.com whatsapp message 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 |
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The City of Tshwane’s ongoing weekly inner-city crime operations achieved significant results on Wednesday, with the arrest of 61 undocumented immigrants during operations in Sunnyside. The initiative, part of the "Reclaim Our City" campaign, also resulted in fines totalling R133 000 for the week. According to Tshwane Mayor Nasiphi Moya, three individuals were also arrested for knowingly employing and harbouring illegal immigrants. The operation targeted areas including Sunnyside, Pretoria West, and Pretoria Central as part of the mayoral executive’s broader strategy to combat lawlessness. "We are grateful to the provincial government for showing support for the city’s efforts to rid the Pretoria CBD of crime," said Mayor Moya. "The operation exerted the necessary impact as proof that intergovernmental partnerships with role players can help strengthen the arm of the law." Tshwane crackdown collaborative enforcement efforts "Wednesday’s operation saw the Tshwane Metro Police Department joined by the Gauteng Traffic Police, South African Police Service (Saps) and other role players, including the City of Tshwane Economic Development and Spatial Planning department and the health department," Moya stated. In a notable moment during the operation, a TMPD officer assisted a pregnant woman in delivering a healthy baby boy. The operation resulted in the arrest of 61 undocumented immigrants, including 16 Zimbabweans, 21 Malawians, nine Mozambicans, five Ethiopians, five Ugandans, four Nigerians, and one Senegalese national. Authorities confiscated various items, including 26 perishable goods and 11 taxis, for violations of the National Land Transport Act. Additionally, 108 560 ml of liquor was seized and transferred to Pretoria West Saps. Comprehensive inspection activities in Sunnyside The extensive operation involved searching 456 individuals and 109 vehicles. Teams visited 24 spaza shops, one liquor outlet, which was subsequently closed, 34 premises, seven drug hotspots, 10 bad buildings, 44 street traders, and two second-hand goods shops. Health and regulatory enforcement Moya revealed that the city issued 20 health compliance notices under Section 56, amounting to R133 000 in fines. Additional violations included one fine for failure to provide building plans, three for failure to register second-hand goods, and one for failure to keep records of second-hand goods. Furthermore, as part of the enforcement action, authorities closed a bet exchange business located at the corner of Robert Sobukwe and Troye Street. A takeaway outlet was also shut down due to non-compliance with health regulations. |
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At a time when tourism is a key pillar of the Namibian economy, reports in the daily newspaper The Namibian have recently raised concerns about the effectiveness of the new electronic visa system (e-Visa). According to the publication, European tourists have cancelled their trips to Namibia due to alleged malfunctions in the e-Visa portal. In response, the Namibian Ministry of Home Affairs, Immigration, Safety and Security (MHAISS) issued a media release refuting the allegations. "The Ministry would like to refute this claim, as the E-visa for visa on Arrival has not yet been launched. A comprehensive communication regarding the new visa regime was shared well in advance, with all affected countries, providing sufficient time for all stakeholders, including tourists and travel agents, to prepare for the changes," explains Etienne Maritz, Executive Director of the Namibian Ministry of Home Affairs. Still in a preparation phase, the new visa system in Namibia will be launched on March 3, 2025 From April 1, 2025, citizens of 33 countries which currently impose visas on Namibian citizens will have to apply for a visa to enter Namibia. This new visa regime is therefore based on the principle of reciprocity, and aims to guarantee fair treatment for Namibian travelers and strengthen the country’s diplomatic position on the international stage. The MHAISS was keen to point out that the electronic visa system for the travelers concerned is not yet active. In fact, its deployment is scheduled for March 3, 2025, the official launch date of the Visa-on-Arrival Application form and the E-visa for visa-on-Arrival. Therefore, any assertion suggesting technical failures is misinterpretation, if not disinformation. Etienne Maritz states that "the newly designed E-visa for visa on Arrival will be launched on the same day as the visa-on-arrival application form. With this user-friendly portal, tourists will be able to apply for visas from the comfort of their homes, ensuring a smoother and more efficient entry process". A concerted initiative with tourism stakeholders This new procedure is designed to make it easier for international tourists and travellers to obtain visas. It is part of a policy to open up and modernize entry procedures to Namibia. According to the Ministry, this initiative meets the international standards set by the International Civil Aviation Organization (ICAO), and is in line with current diplomatic practices in terms of security and travel facilitation. The new visa regime has been developed in close consultation with Namibia’s tourism industry. The government has taken into account the expectations of travelers and the needs of the industry to ensure a smooth transition and a better experience for visitors. The Ministry stresses that the key aspects of the future Visa on Arrival and e-Visa on Arrival process will be clearly detailed at the time of the official launch. The 33 countries concerned by Namibia’s new visa regime In his statement, the Ministry "urges the public and travelers to be patient and allow it to complete the implementation of the new visa regime and give this process a chance". Recently, VisasNews revealed the 33 countries concerned by this forthcoming visa requirement for Namibia, the price of this process, set at 1,600 Namibian dollars (around 84 € / 88 US$), as well as the points of entry where the visa can be issued, including Windhoek and Walvis Bay airports. On the official MHAISS portal eservices.mhaiss.gov.na, tourists from the following 33 countries will be able to apply for a visa online before their trip to Namibia: 1. Armenia 2. Australia 3. Austria 4. Azerbaijan 5. Belarus 6. Belgium 7. Canada 8. Denmark 9. Finland 10. France 11. Germany 12. Iceland 13. Ireland 14. Italy 15. Japan 16. Kazakhstan 17. Kyrgyzstan 18. Liechtenstein 19. Luxembourg 20. Moldova 21. Netherlands 22. New Zealand 23. Norway 24. Portugal 25. Spain 26. Sweden 27. Switzerland 28. Tajikistan 29. Turkmenistan 30. Ukraine 31. United Kingdom 32. United States 33. Uzbekistan |
