Quick review of the Amendments to the Immigration Regulations:
How the Immigration law will affect you as a foreigner living in South Africa
Issues by the Department of home affairs on there website:
To view the new Immigration Regulations
- Visas to temporarily Sojourn in RSA
- All applicants must submit his/her application in person
- A change of status must be submitted no less than 60 days prior to expiry date of his/her visa
- Persons holding Visitor’s or Medical treatment visa may not change status with RSA, except where exceptional circumstances exist.
- AN APPLICANT IS NOT TO TRAVEL WITHOUT A VALID VISA,doing so will result in the applicant being declared undesirable for a period of 1-10 years.
- Persons who overstay for a prescribed number of times will be declared as undesirable – fines will no longer be charged for overstaying.
- Working visa
- A salary benchmarking certificate may no longer be used and a letter of recommendation from the Department of Labour must be provided.
- Critical skills work visa is valid for 5 years and replaces quota and exceptional skills work permits.
- Inter-company transfer work Visa= is valid for 4 years and is not renewable.
- No business visa may be issued or renewed to a foreigner who intends to establish or invest in a business that is listed as undesirable business undertaking.
- A person issued with a business visa must employ or prove that 60% of the total staff complement is South African citizens or permanent residents.
- Section 46, which dealt with Immigration Practitioners, has been repealed as applicants will now be required to apply in person at the Mission in the country of origin or where they permanently reside.
- First time application for visa will be made at the Mission and only renewals or extensions can be made in the Republic (at VFS Offices).
- All applications must be submitted through VFS offices, additional VFS services fees will be incurred.
- Corporate work permits
- The holder of a corporate work Visa must at all times be able to provide proof that at least 60% of the total staff complement must be SA citizens or PR holders
- Corporate workers must provide qualification evaluated by SAQA, or provide proof of skills and experience in line with the job offer.
- Corporate workers visa may not exceed the validity of the corporate permit. And may not exceed 3 years.