South African Temporary Residence Permits

Applications for South African Temporary Residence Permits are governed in terms of Section 10 and 23 of the Immigration Act (Act 13 of 2002) read together with Regulation 33 of the Immigration Regulations.

South African Temporary Residence Permits allow a foreigner to enter South Africa and conduct certain activities such as for visitation for leisure visas, relative visas, study visas, business visas, work and work related visas, retired persons visas, corporate visas, medical treatment visas and treaty visas, and are issued to a person by the South African embassy office abroad upon compliance of various requirements as set out in the new Immigration Act and the Immigration Regulations of 2014.

With exception of a visitor, including spousal visas issued under section 11(6) and medical treatment categories, first time applicants must submit their application abroad at the South African office in their country of residence.

Categories for Temporary Residence Permits include:

Transit visas for the purpose of transiting the Republic en-route to a neighbouring country
Visitor’s visas for visits not exceeding 90 days
Visitor’s visas for activities longer than 90 days but not exceeding three years
Study permits
Treaty permits
Business permits
Medical treatment permits
Relative’s permits
Work and work related permits
Retired persons permits
Exchange permits

The temporary residence visa application form, DHA-1738, contains a list of all the supporting documents which are required for the different categories of temporary residence visas. Applicants are advised to ensure that all the supporting documents are submitted with the application form, failure which may result in the application being refused.

With effect from 26 May 2014 applicants are required to submit an application for a temporary residence visa in person at the South African diplomatic representative in his or her country of origin or at a South African diplomatic representative in a neighbouring country if there is no South African diplomatic representation in the applicant’s country of origin. The purpose of the in person application is for biometric data to be captured.

Applicants are advised to ensure that they apply for the correct temporary residence visa commensurate with the intended activities to be undertaken in the Republic, since holders of visitor’s visas are no longer allowed to apply for change of status or change of conditions relating to his or her visitor’s visa from inside the country.

Foreigners making application for temporary residence must submit the following required documentation:

Application BI-1738
Passport which remains valid for more than one month after the permit has expired
Certificates including: medical certificate BI-811, X-ray report BI-806, police clearance certificates for each country where the applicant has lived, not more than 6 months old
Evidence of intention to return to home country, including return tickets, and agreement by employer to take responsibility for the costs of deportation of the permit holder and their family

In the case of renewals or changes, the following documents apply:

Renewal BI-1739
Change of status or conditions BI-1740

Applicants may also be required to submit other information, such as:

Marriage certificates or evidence of customary marriage
Evidence of a relationship, including co-habitation and shared financial responsibilities
Affidavits with respect to relationships
Divorce documents
Death certificate of spouse
Birth certificate of minors
Evidence of custody or guardianship of minor children
Evidence of adoption where needed
Power of attorney BI-29
Certificate of Vaccination for Yellow Fever where applicable.

Contact A.Duval Attorneys at Law to assist you in your application from abroad or in South Africa. We specialize in advising, consulting and submission of all compliant temporary residence applications.

VISITORS VISAS - UNDER 90 DAYS / OVER 90 DAYS EXTENSION - Section 11 (1) (a)

These are Port of Entry / Visitor’s Visas commonly referred to as a “tourist visa”.

All foreign persons who wish to enter South Africa are required to hold a Port of Entry visa. Upon entry into South Africa, an immigration officer will check if the visa is a valid visitor’s visa, or as defined in either of the categories for temporary residence below.

Once in possession of a visitor’s visa to South Africa, a foreigner may apply for a further 90 days stay in South Africa if the conditions attached to the Port of Entry Visa permits an extension. All extensions must be applied for within the first 7 days of a 30 day visit or in the first 30 days of a 90 day visit.

Contact A. Duval & Associates, your friendly South African Immigration Attorneys for assistance with your application.

STUDY PERMIT

South African Study Visas may be issued to a foreigner intending to study in South Africa for longer than three months at any learning institution, as defined in the Immigration Regulations, approved by the South African Department of Home Affairs.

A learning institution encompasses primary and high schools for a duration of up to a maximum of 8 and 6 years respectively. Study visas for tertiary and higher educations institutions up to a period of 3 to 4 years.

Note: Children at pre-primary level, i.e. prior to Grade R, need not acquire study visas but normal accompanying dependent minor visitor’s visas.

South African study visas at tertiary level entitle a holder to conduct part-time work as defined in the Immigration Act, for a period of not exceeding twenty hours per week.

Any change in schools or if the holder of a study visa leaves school and remains in South Africa, such a holder may be in breach of the original terms of the study visa granted.

TREATY PERMIT

Permits may be issued to people from outside South Africa if they are performing activities according to an international agreement which South Africa has signed. These permits allow the foreign national to reside in South Africa for the duration of the permit, in order to allow them to conduct the activities previously agreed to.

BUSINESS PERMIT

A South African Business visa may be issued to a foreigner who intends to establish his or her own business or invest in an existing business in South Africa if the applicant has a minimum of R5 million to invest in such a business, provided the funds are certified by a registered accountant and allowed to remain part of the underlying book value of the business.

The South African Department of Home Affairs must be satisfied that the business is legitimate and certain requirements will have to be fulfilled following successful applications to the Department of Trade and Industry.

MEDICAL TREATMENT PERMIT

A foreigner who needs to undergo medical treatment in the Republic is required to apply for a medical treatment visa, which visa may be issued for periods of six months at a time.

An application for a medical treatment visa must be accompanied by a letter from the applicant’s registered medical practitioner or medical institution within the Republic confirming that space is available at the medical institution; the estimated costs of the treatment; whether or not the disease or ailment is treatable or curable; the treatment schedule and the period of intended treatment in the Republic.

Details must also be submitted by the person or institution responsible for the medical expenses and hospital fees and where the applicant’s medical scheme or employer is not liable for expenses incurred, proof of financial means to cover the medical costs and costs indirectly related to the treatment must be submitted.

RELATIVES TEMPORARY PERMIT

Application for a South African Relative’s Temporary Permit may be made by a foreign national who is a family member of a citizen or permanent resident of South Africa. This permit is valid for two years, and will be granted if the applicant is an immediate family member, such as a spouse or child, and the citizen or permanent resident must agree to provide financial assurance. Immediate family refers to close connections between persons, and any common ancestor will not be considered enough connection.

In order to be granted the Relative’s Temporary Permit, the applicant must fulfill certain conditions, including the submission of documents.

GENERAL WORK PERMIT

Temporary Residency General Work Permits are issued to foreigners where it has been proven beyond reasonable doubt that South African citizens and permanent residents with the relevant qualifications or skills and experience are not available for appointment.

CRITICAL SKILLS WORK PERMIT

The Critical Skills Work Visa will enable the Department and the government to achieve the objectives of programmes such as National Development Plan(NDP), Industrial Policy Action Plan(IPAP) and New Growth Plan(NGP). The Department of Home Affairs has amended the Immigration legislation that came with various changes, which led to the introduction of Critical Skills Work Visa (CSWV).

The Critical Skills Work Visa emanates from the merger of the former Exceptional Skills and Quota Work visas. The latter was issued in line with the Quota List of 2009, which had skills categories, requirements, and the quota of skills targeted in the Republic of South Africa. The Critical Skills work visa is issued in accordance with the critical skills list. The list was developed in conjunction with the ocupations in high demand and the scarce skills lists of the Department of Higher Education and Training (DHET).

The main objective of the critical skills work visa is to assist the government to realise the achievement of the National Infrastructure Project, the Strategic Infrastructure Projects and Key National Strategic Projects in support of the Department of Trade and Industry.

INTRA-COMPANY WORK PERMIT

Occasionally, multi-national companies may decide to transfer an existing employee in a key position from a foreign branch to a branch, subsidiary or an affiliate of that company in South Africa. These employees must apply for intra-company transfer work permits. In such cases, no proof of steps taken to obtain the services of a South African citizen or permanent residence will be required. However, it is required that the applicant must have been employed in the company abroad for at least six months prior to his or her transfer to the South African operations and the South African branch, subsidiary or affiliate company must provide a skills transfer plan as proof that the transfer of skills to a South African citizen or permanent resident will take place.

Intra-company transfer work visas are issued for a maximum period of four years and are not renewable or extendable. Should the continued services of the applicant for some or other reason be required by the South African operations at the end of the four year term, an application for a new intra-company transfer work visa must be applied for from the applicant’s country of origin or of permanent residence.

The holder of a general-, critical skills- or intra-company transfer work visa is entitled to study part-time, without the need to apply for permission from the Department of Home Affairs in the form of an application for change of conditions to an existing work visa.

RETIRED PERSONS TEMPORARY PERMIT

Temporary residence permits may be granted to applicants who wish to retire to live in South Africa. This permit is given on the understanding that the applicant is able to support themselves financially in the country. This may be through a pension, an annuity, or a retirement investment plan. This will provide a minimum payment for life, or will have a net worth per month.

The Retired Person temporary permit has the benefit of allowing the holder to live in South Africa on either a seasonal or a continuous basis.

The permit will not be for longer than four (4) years, and may be renewed more than once.

Under this permit, the holder may work, being held to terms and conditions issued by the relevant Department. If the holder has a spouse, or minor children, they may be provided with suitable permits.

In order to obtain the permit, applicants are required to submit all relevant documentation.

EXCHANGE PERMIT

A foreigner wishing to make application for an exchange visa to take part in a programme administered or organised by a learning institution in South Africa in conjunction with a learning institution/organ of a foreign state, requires a confirmatory letter from the Department of Basic Education or the Department of Higher Education and Training, as the case may be, confirming that it is responsible for organising or administering the programme, outlining the activities and duration thereof, as well as confirming that it will take full responsibility for the student whilst he or she is in the country.

Furthermore, the foreign state institution or learning institution must confirming in writing the particulars of the applicant, the applicant’s enrolment with a learning institution abroad, and the date on which the programme shall commence.