What's the difference
between a visa and a temporary residence permit?
A visa allows you to proceed to a South African port of entry. A temporary residence
permit will be issued to you at the port of entry. It replaces your visa, and
regulates the duration and purpose of your stay in South Africa.
What if I want to stay in SA for longer?
It is best to request the full duration of your intended visit
when you first arrive, as extensions are subject to additional
fees. If you wish to extend your stay further, you must keep
your temporary residence permit valid by applying for an extension.
You should do this well BEFORE your permit expires, in general
a minimum of 30 days prior to the expiry date of your current
permit. It is possible to change the status of an existing
permit, should you meet with the Departments requirements.
Please contact us for assistance with extensions or
changes to your existing permit
What if I plan to work or study
in SA?
If you intend to be professionally active in South Africa or
to undertake any voluntary or paid employment or studies, you
must apply for a work, work-seeker's or study permit. These permits
are also issued outside South Africa, and function as valid visas
in allowing their holders to proceed to a South African port
of entry. (In other words, if you're applying for one of these
permits, you do not have to apply for a visa separately.)
May I do part time work to pay for/toward my studies
in South Africa?
No, a foreigner may only be granted a study permit once he/she
provides adequate financial means to pay for his/her studies.
May I commence employment/study/business while I wait
for my application to be processed?
No. An application for a permit does not automatically entitle
an applicant to any status pending the decision of the Department,
thus the applicant may not commence work/study or business prior
to the outcome of his/her application.
May a foreigner change his/her status (purpose) of entry
from within South Africa if he/she initially entered for a
visit and received an offer of employment?
Yes, a foreigner may apply for a change of status whilst inside
the Republic and must submit his/her application at least 30
days prior to the date of expiry of his/her permit. You must
provide full details of the reasons requesting a change of status,
and good cause must exist necessitating a change of status. Applicants
will not be allowed to change status or stay in the Republic
through mis-representation of the original application.
May a foreigner who is a spouse/life partner of a South
African Citizen /Permanent Resident holder apply for a work/study
or business permit from within the Republic?
Yes, a foreigner may apply for a change of status and must submit
the application at least 30 days prior to the expiry date of
his/her permit.
I wish to tour South Africa for 8 months. May I accept
employment to finance my visit?
No, in terms of the immigration Act 0f 2002, the holder of a
visitors permit may not conduct work. You will be required to
submit proof of financial means to cover envisaged living expenses
for the period you are in the Republic.
Can a candidate on a work permit be accompanied by his/her
family?
Yes, however additional documentation will be required.
May I extend my visitors permit whilst in South Africa?
Yes you may, however your application must be submitted at least
30 days prior to the expiry date on your current permit. You
will have to prove that you have enough financial means i.e.
bank statements, cash, credit cards, traveler’s cheques,
undertaking by hosts in South Africa during your stay as well
as a valid return air ticket.
Who can immigrate to SA?
South African immigration law aims to protect the health and
security of South Africans, as well as their rights to employment
opportunities in the country.
Protecting & creating job opportunities
South Africa has a vast reserve of unskilled and semi-skilled
workers. Generally, a prospective immigrant to South Africa should
not follow an occupation for which there are already sufficient
people available to meet the country's needs. Unskilled and semi-skilled
workers, in particular, will not usually be accepted as immigrant
workers in South Africa.
Conversely, immigrants who are in a position to contribute to
the broadening of South Africa's economic base will be welcomed.
Applications by skilled workers in occupations for which there
is a shortage in the country are encouraged - particularly applications
by industrialists and other entrepreneurs who wish to relocate
their existing businesses or establish new concerns in South
Africa.
Commitment to the country
Because of the need to create job opportunities for South African
workers, prospective immigrants should be seriously committed
to investing their assets, skills and experience for the benefit
of themselves and the people of South Africa.
Basic requirements
All applications for permanent residence are considered individually
on merit by an autonomous statutory body, the Immigrants Selection
Board. If you wish to immigrate permanently to South Africa,
you should:
- Be of good character.
- Be a desirable inhabitant.
- Not be likely to be harmful to the welfare of the country.
- Not follow an occupation in which there are already sufficient
people available to meet the country's needs.
Where
to apply for immigration?
In general, you should apply for immigration to South Africa
while in your country of residence, and await the outcome of
your application before proceeding to South Africa. In this
case, you should apply at your nearest SA office abroad.
However, you may apply for immigration while in South Africa
- at your nearest Home
Affairs office - if:
- You are in the country on a valid work permit; or
- You are married to, or the child of, a South African citizen
or permanent resident, and are in South Africa on a valid temporary
residence permit; or
- You are being
sponsored for immigration purposes by a blood family member
who is permanently and lawfully resident in South Africa
(see "sponsored persons" under "categories
of immigration" above), and are in South Africa on a valid
temporary residence permit; or
- You have been exempted from the requirement to hold a temporary
residence permit.
Special arrangements for Chinese citizens
If you're a citizen of the People's Republic of China, and you
wish to come to South Africa for business negotiations, feasibility
studies, to establish a business, or to take up employment
with a South African company which has been financed with foreign
capital from Mainland China, you should first approach the
Chinese Ministry of Trade and Economic Co-operation. Only after
the approval of the Ministry has been obtained and the relevant
applications have been lodged with the South African Embassy
in Beijing, will the Immigrants Selection Board be able to
consider your admission to South Africa.
How long will I have to wait?
The Department of Home Affairs aims to process immigration applications
within six to 12 months. However, problematic applications can
take up to 18 -24 months to process. The current situation is
that there is a large backlog of applications, so a realistic
time frame is 24 months.
How much will it cost?
Immigration application fees - these are non-refundable - are
subject to change. Check the relevant Home
Affairs web page
Will I have to attend an interview?
Yes, once you have completed all the required documentation,
you will have to attend a personal interview by a member of the
Department of Home Affairs (if you are applying in SA) or the
Department of Foreign Affairs (if you are applying outside SA).
What if my application is rejected?
Reasons for the rejection of your application will be supplied
in writing, along with details of your right to appeal against
the decision, and the time-frame and procedures for an appeal,
should you wish to make one.
What if my family or spouse does not want to immigrate to SA?
If this is the case, then you will not normally be allowed to
immigrate to South Africa. Immigration applications are considered
on the basis of a family unit. If you're divorced or legally
separated, you will have to submit proof of this, and state the
conditions of your divorce/separation.
If you are separated or estranged from your spouse, your application
will not normally be considered. However, if you've been separated
or estranged for longer than five years, your application will
be considered if your partner submits a sworn affidavit or solemn
declaration that he or she is aware of your application, has
no objection to it, and is satisfied with the maintenance arrangements,
if any, that the two of you have made. He/she will also have
to acknowledge that, if he/she wishes in future to immigrate
to South Africa, his/her application will be considered purely
on its own merits.
How long do I have before I must enter SA?
Once your immigration permit has been granted, you have six months
in which to take up permanent residence. If you do not enter
the country with the intention of settling permanently within
the prescribed period, and you do not apply for an extension,
your permit will lapse and may be withdrawn. If you apply for
an extension, cognizance will be taken of the reasons for your
request and of any assets already transferred to and productively
invested in South Africa. Extensions are granted for periods
of six months at a time.
I'll be back soon - will I need a re-entry visa?
If you are in South Africa on a valid permanent residence permit,
and you leave the country temporarily, you - and your dependents,
if any - will NOT need a re-entry visa, so long as your permit
remains valid. This holds even though your permit may have "single
entry" endorsed on it.
What if I settle in another country after obtaining an immigration
permit?
- Generally, once you've obtained your immigration permit,
if you leave the country for a period of three years or longer,
you stand to lose your right to permanent residence. However,
you should explain your situation to the Department of Home
Affairs at the earliest opportunity - the Department will then
be able to determine what effect your period of absence from
the country will have on your permanent residence status.
- If you work for a South African company and the company sends
you abroad, your permanent residence status will not be affected.
- If you're working on a contract basis and plan to spend more
than three years abroad, you should notify the Department of
Home Affairs timorously.
- If you're married to a South African citizen or permanent
resident, your permanent residence status will not be affected
so long as you remain married.
Can my immigration permit be withdrawn?
Yes. Your immigration permit can be withdrawn, among other reasons,
if:
- Any information supplied in your application is found to
be incorrect; or
- You change your occupation within three years of being granted
permanent residence without being granted permission to do
so by the Department of Home Affairs; or
- You obtained your permit on the basis of a marriage entered
into less than two years prior to the date of issue of the
permit, and the marriage is terminated less than two years
subsequent to this date, unless you can persuade the Department
that the marriage was not contracted for the purpose of securing
permanent residence.
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