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Global visa guide
South Africa
South Africa (SA) draws a distinction between a visa and a temporary
residence permit.
A visa will only entitle an individual to
report to an immigration officer at the port of entry but does not enable an
individual to enter or reside within the country.
A permit is issued at the port of entry for the purpose of temporarily
residing in the country. It is not possible to change the purpose of entry from
within the country, that is, enter SA on a Holiday Permit and then make
application for a Work Permit whilst remaining in South
Africa.
It should be noted that some
countries are exempt from the visa requirement for holiday and business visits
for specified or unspecified periods, but no foreigner can obtain a work, study
or workseeker's permit at the port of entry.
Samples of permits that may be obtained are as follows:
Visitor's
Permit
A visitor's permit is issued at the South African port of entry. The
period will be determined by:
- the restrictive conditions of the visa exemption (if
exemption is applicable)
- the visa with clearly noted conditions issued to an
individual prior to entering SA
- the applicant's return ticket
- funds available for duration of
stay
- motivation for the extended
stay.
This permit may be extended, with
the maximum period depending on the visa exemption period applicable for the
specific country. For example, citizens of the UK are exempt in the case of a
bona fide holiday visit for periods unspecified. A UK citizen may therefore
request a permit at the port of entry for any period subject to meeting the
above conditions.
The immigration officer
at the port of entry is at liberty to decide on whether a permit for the
requested period should be issued. An extension of this permit may be applied
for at any local office of the South African Department of Home Affairs, prior
to the noted expiration date of the currently held permit. In addition the
applicant must be in possession of an air ticket valid for the same period as
the requested extension.
A processing fee
is payable at the time the application for an extension is submitted, and is
non-refundable irrelevant of the outcome of the application. Please note that
travellers' cheques, personal cheques and credit cards are not accepted by the
South African Department of Home Affairs. The initial permit issued at the port
of entry is issued free of charge.
Business Permit
This is the
correct permit to be obtained by an individual who intends to visit SA for a
limited period to:
- promote commerce, trade and industry between South
African Institutions and institutions abroad
- acquire commodities for export
- explore investment opportunities on the stock
exchange, money markets or property markets
- hold business discussions or attend meetings - to
visit an business enterprise as shareholder or director with less than 25%
control in the business (persons with more than 25% control require work
permits)
- inspect immovable property or to see to business
interests. Aliens who acquire fixed assets for speculation, for example
property, or to rent out for income purposes, require work
permits
- represent foreign print and electronic media to
cover current events for consumption abroad. Producers of documentary, feature
films as well as TV commercials, require work permits
- producers of photographic stills. Producers and
their teams who are employed and remunerated abroad, e.g. photographic teams
shooting fashion catalogues, advertisements, and brochures for overseas
clients.
Work
Permit
This must be applied for from the
applicant's country of origin or normal residence via the nearest South African
High Commission.
Whilst the application is
receiving attention, the applicant may not enter South Africa under any
circumstances without specific approval being granted by the South African
authorities. The Government distinguishes between work permits for employment
and work permits in the own business/self employment category. It is advisable
to speak to a consultant regarding the various categories and conditions that
apply.
The
South African Department of Home Affairs, Immigration Division normally
addresses the following issues in determining whether a work permit is
justified:
- if the business being undertaken is beneficial to
the economy, industry and trade of South Africa
- where the employment of the applicant is essential
to the business
- if the applicant is suitably
qualified
- whether the position can easily be filled by a local
individual, and
- proof of efforts made to obtain the services of a
suitably qualified South African citizen.
Please note that the South African Department of Home Affairs draws a
clear distinction between a work permit, an inter-company transfer and a
secondment. The process for the application of these permits differs
substantially as does the processing time.
Employment is broadly defined as
receiving direct remuneration from a South African based company pay-roll system
and reporting to an employee of the South African company. In this instance, a
work permit is definitely required.
Secondment is broadly defined as
receiving no remuneration whatsoever from a South African based company
pay-roll, rather the applicant must continue to be remunerated from the company
or affiliate abroad and may not report to an employee of the South African based
company.
Inter-company
transfers are considered for applicants
transferring from a company abroad to a branch/subsidiary of the same company in
South Africa.
Study
Permit
This permit should be applied
for from the individual's country of normal residence, particularly in the
instances of tertiary education or primary education where a minor child will
attend school in South Africa on a full time boarding basis, and the school will
assume responsibility for the child.
In
instances where a minor accompanies a parent on a work permit, a Study Permit
may be applied for from within SA. There are various other options available,
such as in the instance of a language course, a visitor's visa might be
sufficient.
Workseeker's
Permit
This permit may only be applied
for from the applicants' country of origin or normal residence. Should a South
African company invite an individual to attend a job interview in SA, the
individual must apply for a workseeker's permit via the nearest South African
High Commission. Should the application for this permit be successful the
applicant may then travel to the country to attend the
interview.
In the event that a firm offer
of employment is made and accepted, the applicant must immediately apply to any
local office of the Department of Home Affairs for a work permit. This is the
only instance allowing for a first work permit to be applied for whilst the
applicant remains in SA.
Points to
note
| Business
trip |
A Business Permit is required to conduct
business only.
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| Work
permit |
Required for all non-South African citizens or
non-South African Permanent Residents who enter for work
purposes.
|
| Birth certificate
required? |
Yes ¨C certified copy of the original will
suffice.
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| Academic certificates
required? |
Yes - as well as the supporting academic
transcripts/testimonials. In some instances these require an evaluation by the
South African Qualifications Authority.
|
| Police clearance
required? |
Yes ¨C for each country in which the applicant
has resided for a period of 12 months or more from the age of
18.
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| Timing |
10 working days for a secondment and an inter-company transfer basis. On a first, "cold" work
permit application ¨C 10 to 12 weeks.
|
| Personal attendance at Embassy
required? |
No - the applicant may instruct immigration
agents registered with the Department of Home Affairs or an attorney to submit
the application. The applicant must authorise the broker via a signed Power of
Attorney document.
|
| Separate residence
permit? |
No - all permits irrelevant of type are
automatically endorsed with a Temporary Residence
Permit.
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| Application
procedures |
Application must be submitted to the South
African High Commission in the applicant's country of origin or normal
residence. The applicant may not be in SA when the application is submitted.
Once the application has been submitted, the applicant may not enter the country
under any circumstances until the outcome of the application has been
finalised.
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| Penalites for
non-compliance |
Employer may be prosecuted and fined. The
individual may also be fined and/or declared a prohibited person, which may
affect his/her ability to return in the future. Forfeiture of the repatriation
guarantee.
|
| Spouse work
rights? |
A spouse with a dependent visa may apply for a
work permit.
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| Separate application for family
members? |
All accompanying persons may be included in one
application provided that they are strictly accompanying a work permit holder.
Each individual must be issued with his/her own permit.
It is preferable that Study Permits for minor/dependants be
applied prior to entry.
Spouses who wish
to engage in employment must apply for work
permits.
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| Recognition of common law
relationship? |
Yes ¨C subject to an affidavit in this regard
being submitted.
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| Other
issues |
The Department of Home Affairs requires a
sponsor for all work permits. This should be a South African company, subsidiary
or branch of a registered foreign company. A work permit is issued for a
specific company and does not allow the individual to engage in alternative
employment without specific permission being applied for and
granted. |
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