The immigration act in South Africa grants the Minister of Home Affairs the authority to waive specific requirements of the act. When a requirement is waived, an individual or corporation is exempt from that requirement. Simply put, the minister can waive a specific requirement if there is a “good cause.” Your waiver application must be well-justified to convince the Department of Home Affairs to grant the exemption. The applicant must provide sufficient evidence to support the waiver request, and the Department of Home Affairs will decide whether to approve or deny the waiver.
Types of South African Visas: When to Apply for a Waiver
1. Business Visa: Apply to reduce the investment amount requirement of R 5 million if you receive a positive outcome from the Department of Trade and Industry.
2. Family Visa: When unable to obtain a police clearance certificate.
3. Labour Certificate: Apply to waive the Department of Labour certificate.
4. Corporate Visa: A business may apply for a blanket waiver for the same requirement.
5. Temporary Residence Visa: If unable to travel back to your country of residence to apply.
Undesirable Persons and Visa Appeals
If declared an undesirable person and banned from South Africa, you must apply to have your name cleared before returning. For more context, refer to my article, “What is the penalty for overstaying in South Africa.” If your visa is rejected, you will need to go through the visa appeal process in South Africa.
How to Get a Waiver Letter in South Africa
Option 1: Write the Letter Yourself
You can write the waiver letter yourself and include it in your application. Here’s how:
• Use formal language.
• Choose your words wisely.
• Acknowledge the reader and thank them for their time.
• Proofread your letter.
When detailing your reasons for the waiver, ensure they are valid, stick to the facts, avoid irrelevant topics, steer clear of complaints, and ensure your letter is easy to understand.
Option 2: Use an Immigration Consultant
An immigration consultant can handle everything for you. They have experience with applications and numerous waiver templates. They understand the process and know how to draft the letter for you to maximize your chances with the Department of Home Affairs. The cost varies depending on whether you use an immigration consultant or lawyer.
How Long Does a Waiver Take to Get Approved?
The waiver process in South Africa can take 7-12 months, so apply before your visa expires. You must have valid temporary residence or status in South Africa to apply. Submit your waiver through VFS in South Africa, and schedule an appointment on their website to submit your application.
How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com