The immigration act for South Africa allows for the Minister of Home Affairs to waive certain requirements of the act. Once the requirement has been waived, an individual or corporation will be exempt from that requirement in that instance. In layman’s terms that means that the minister has the authority through the immigration act to waive a specific requirement. In order to be granted the waiver, an applicant must have a “good cause” to be granted.
Your application for a waiver must be 100% sound and have good reasoning as the good cause must convince the Department of Home Affairs as to why they need to make an exemption for you. The applicant must prove that there is sufficient evidence to waive the requirement or form and then the Department of Home Affairs shall determine to either grant or refuse the waiver.
These are the different South Africa visa types you could apply for.
A scenario of when to use one:
1. Apply to reduce the cost of the required amount for the investment amount of R 5 million for a business visa if you received a positive outcome from the Department of Trade and Industry.
2. When an applicant is not able to apply for a police clearance certificate when for example applying for the family visa South Africa.
3. Apply to waive the Department of Labour certificate.
4. A business may apply for a blanket waiver for the same requirement for the corporate visa.
5. An applicant may not be able to travel back to his or her country of residence to apply for a temporary residence visa.
If you have been declared an undesirable person in South Africa and been banned then you need to apply to have your name cleared before returning to South Africa. I wrote an article not too long ago called “What is the penalty for overstaying in South Africa“, this will give you more context if you have been banned from South Africa. If your visa has been rejected by the Department of Home Affairs then you have to the visa appeal process South Africa.
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Take action today and get your waiver submitted before December 2023 for all ZEP Visa Holders.
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How do I get a waiver letter in SA?
There are two ways to get a letter for your specific case.
Option 1:
Typing out the letter yourself and then printing it to include in your application.
So now you might be thinking “how on earth can I type this letter for Home Affairs myself?”
Some guidelines to assist you:
• Use formal language
• choose your words wisely
• acknowledge the reader and thank them for their time
• Proofread your letter
Remember that when typing out the letter that you are seeking a waiver and detail out the reasons why you feel that a certain regulation should be waived for you.
The following tips will help you:
1. Ensure that your reasons for the waiver are valid.
2. Your letter should not be emotional, only stick to the facts.
3. Avoid writing about topics that is not relevant to your situation.
4. Steer clear from any form of complaint.
5. Ensure that your letter is easy to understand and makes sense in English.
Option 2:
You can make use of an immigration agent that renders immigration services for South Africa. The immigration agency will handle everything for you and they have vast experience when dealing with applications and will have numerous waiver templates that they could use. They are highly specialized and have experience in assisting many different families and individuals through the process. They understand the process and know exactly how to draft the letter for you so that your application stands the best chance when it gets to the Department of Home Affairs. You might be thinking “How much does an immigration lawyer cost in South Africa?” This depends if you make use of an immigration consultant or lawyer.
How long does a Waiver take to get approved in South Africa?
The waiver for a visa application submitted in South Africa can take between 4-7 months to be processed by the Department of Home Affairs. This is definitely a long time and therefore applicants must apply for this before their visa expires. The applicant must be in possession of a valid temporary residence or valid status in South Africa in order to submit the application.
The waiver must be submitted through VFS in South Africa.
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