SA Migration Newsletter Jan. 2009

4.1 Corporate Permits

These are normally issued to company’s who need to fill a number of positions and want to have the positions approved instead of a work permit application per individual.
These permits are generally for 5 years

4.2 Business Permit

So you have made the decision to either open or buy a business in South Africa. Good choice!

South Africa is going through a very exciting stage at the moment and there is lots of opportunity to be involved in this emerging economy. Especially for small business owners, the markets are extremely lucrative and the government welcomes anyone who wants to invest.

On the 1st of July 2005, the regulations changed and the requirements for a business permit changed. Foreign business owners are now required to employ 5 South Africans and invest aprox R2.5m.

Yes we heard you, R2.5m is quite a bit, especially if you are starting a small business where the capital requirements are much less than this.

This is where we come in! SAMI, with its good relationship with DTI (Department of Trade and Industry) can easily reduce this figure to something that is more proportionate to the type of business you would like to open. This is called a capital waiver. In the past, we have managed to arrange business permits with capital investments of as little as R500, 000.

4.3 Life Partner and Spousal Visas

Foreigners who are spouses of South African citizens, boyfriends or girlfriends of South African citizens may apply for their life partner permits.

To obtain permanent residence, you would have to have been with your partner for more than 5 years. This came about with the new regulations published on the 1st July 2005.
The life partner visa is very similar to the spousal visa but accommodates same sex partnerships. It’s important to understand that you don’t have to be married to get a life partner visa. Proof of the relationship will obviously be important when submitting the application.

If you wish to work in the country, this can easily be arranged.

SA Migration Intl will guide you through the entire process and make sure that all is in order for your application. Once we confirm that you will qualify for the visa we will guarantee you a successful application. This is normally done in the first consultation which is for free.

4.4 Study Permits

South Africa is emerging as one of the world's most exciting study destinations. This is demonstrated in the rapidly increasing number of international students. Because of international exchange rates, South Africa offers real educational value for money.

South Africa's entire educational system, from primary schools to tertiary institution, is in the process of being redesigned for the post-apartheid future. The result of this process will be a better, more efficient educational infrastructure. South Africa is a nation at the cutting edge of change. This is why it is one of the world's most exciting places to be a student.
Students are allowed to work for 20 hours a week in a casual position.

4.5 Work Permits

There are three common types of Work Permit

General Work Permit

Inter Company Transfer Permit

Quota Work Permits

4.5.1 General Work Permits

Under the General Work Permit there are very strict requirements. The South African government, although trying to promote work and trade in South Africa, recognize the need to give South Africans the chance to get work before any foreigner.

You will have to prove that you are the only person who can fill that position and that no other South African can play that role. The skills can be shown through work experience or via short or long term studying.

You will also have to have a job offer/contract from your future employer.

4.5.2 Intra Company Transfer Permit

The conditions become a lot more relaxed with the Intra Company Transfer
where your local company sends you to South Africa on a contractual
arrangement to join up with the same company but on South African soil.

4.5.3 Quota Work Permits

There is a mandatory 5 years experience in a scarce skill necessary and the applicant is granted a 3 month work permit. Once the applicant is in the country he/she has 3 months to seek employment. Once he/she has found employment, Home Affairs must be notified, drop us an email to get the most recent quota list.

4.6 Exceptional Skills Work Permits

This is issued to an individual who has exceptional skills or qualifications.

4.7 Retirement Permits

A retirement visa can be granted for 4 years to someone with a monthly pension/income of R20 000 or net worth/combination of assets realizing R20 000 per month.

A retired persons permit may be issued for a period exceeding three months to a foreigner who intends to retire in the Republic, provided that the foreigner provide proof that he/she has the right to a pension or an annuity or retirement account which will give such foreigner a prescribed minimum payment for the rest of his or her life from the country of his or her origin; or a minimum prescribed net worth.

4.8 Volunteer Visa

It is recommended that any volunteer work in South Africa is done under a volunteer visa. This is in accordance with immigration law and permits are from 3 months to 3 years. Many foreigners, however, will come in on a tourist visa. Problems arise when the foreigner is asked at immigration what his/her intentions are in the country. Often the foreigner will say work and immigration will question the fact that they aren’t on a work permit. The safe route is always to get a volunteer visa, even if you are going to do work for less than 3 months.

4.9 Visitors Permit Extension

The maximum duration for this permit is 3 months. If a longer stay is required the applicant must apply in advance abroad or he can extend the visitor’s permit locally, confirming the purpose of stay. There is only one extension allowed per applicant.

A valid return air ticket, proof of sufficient financial means, the application fee and/or a deposit must be accompanying an application for extension.

Please be aware that all extensions and changes need to be applied for 30 days before expiry of the current permit. Missing the cut-off date without demonstration of good cause (e.g. illness, accident) will mean that you have to leave South Africa and a fine has to be paid.

4.10 Medical Permit

A person wishing to receive medical treatment in South Africa must first apply for a medical visa and is up to 6 months.
All applications for visits for medical purposes must be supported by a letter from the applicant's medical practitioner or medical institution, indicating the nature of the ailment, the reason/necessity for treatment, the period of treatment and particulars of the appointment/s made in South Africa. Full details of the person or institution responsible for the medical expenses and hospital fees must be furnished. Should the individual's medical scheme or employer not be liable for the expenses incurred, proof of medical cover must be submitted.

4.11 Permanent Residence

One should only apply for permanent residency if you are serious about staying in South Africa on a permanent basis. There are many categories you can apply under.

Business
Life Partner / Spouse / Child
Work
Retirement
Financially Independent

On the 1st of July 2005 it became mandatory for a life partner couple to be together for 5 years or more before they apply for Permanent Residence under the life partner category. The rule came about because of the increased number of "quick" marriages that were taking place in order to get people into the country.

Permanent Residence applications take on average 10 - 15 months due to the back log at Home Affairs. Once you receive your temporary visa under one of the categories above, you can instantly apply for PR. Your temporary visa will then act as a bridging visa for your PR.

4.12 Citizenship
4.12.1 South African Citizen by Descent

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

4.12.2 South African Citizen by Naturalization

Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalization, two years after receiving his or her permanent residence at the time of marriage. A child under 21 who has permanent residence permit qualifies for naturalization immediately after the permit is issued.

4.12.3 Acquisition of the citizenship or nationality of an other country

Any person who wants to apply for citizenship in another country must apply to the Minister of Home Affairs to retain his or her South African citizenship before acquiring the citizenship of the other country.

4.12.4 Resumption of South African citizenship

Any former citizen by birth or descent who:

• Gave up his or her South African citizenship, or

• Automatically ceased to be a South African citizen;

can apply for the reinstatement of his/her South African citizenship. However this person must return permanently to South Africa.