South African Immigration Law – Visa Types (Guide)

1. Introduction

This guide outlines the various types of temporary residence visas available under South African immigration law. Each visa is governed by specific provisions of the Immigration Act and associated regulations. The guide provides an overview of eligibility criteria, conditions of stay, permitted activities, and renewal options.

2. Types of Temporary Residence Visas

2.1 Visitor’s Visa (Section 11)

Purpose:
For tourism, business visits, or short stays.

Key Provisions:

Issued for up to 90 days.
Extendable once for an additional 90 days.
Section 11(2) endorsements allow short-term work (up to 180 days annually, in 90-day blocks).

Eligibility:

Valid passport.
Proof of accommodation and return travel.
Sufficient financial means.
Restrictions:

No long-term work allowed unless endorsed under Section 11(2).

2.2 Study Visa

Purpose:
For full-time study at a recognized South African educational institution including schools.

Key Provisions:

Duration aligned with the academic program.
Issued under Section 13 of the Immigration Act.

Requirements:

Proof of registration.
Proof of financial means and accommodation.
Medical and radiological reports.
Medical aid cover with a registered provider.
Work Conditions:

Part-time work permitted (up to 20 hours per week).

2.3 Business Visa

Purpose:
To establish or invest in a business in South Africa.

Key Provisions:

Issued under Section 15 of the Act.
Valid up to 3 years, renewable.

Requirements:

Investment capital (minimum ZAR 5 million; possibility of a waiver for priority sectors).
Detailed business plan.
Registration with the Companies and Intellectual Property Commission (CIPC).
60% of employees must be South African citizens or permanent residents.

Work Conditions:

Visa holder may work in the business.

2.4 Work Visas

a) General Work Visa

Purpose:
Employment where no suitable South African candidate is available.

Key Provisions:

Issued under Section 19(2).
Valid for duration of employment contract, up to 5 years.
Requirements:

Job offer.
Labour market test (Department of Employment and Labour recommendation).
Evaluation of qualifications by SAQA.

b) Critical Skills Visa

Purpose:
For individuals with expertise in occupations listed on the Critical Skills List.

Key Provisions:

Issued under Section 19(4).
Valid up to 5 years.
Does not require a job offer at application, but employment must be secured within 12 months.
Requirements:

Recognition of qualifications.
Proof of registration with relevant professional bodies (if applicable).

c) Intra-Company Transfer Visa

Purpose:
For employees transferring from a foreign branch to a South African entity of the same company.

Key Provisions:

Issued under Section 19(5).
Valid for a maximum of 4 years (non-renewable).
Requirements:

Proof of employment abroad.
Transfer letter from employer.
Employment contract valid in South Africa.

2.5 Relative’s Visa

Purpose:
To accompany or join immediate family members who are South African citizens or permanent residents.

Key Provisions:

Issued under Section 18.
Valid for up to 2 years, renewable.
Requirements:

Proof of kinship.
Financial support from sponsoring relative (minimum ZAR 8,500 per month).

Work Conditions:

Not permitted unless endorsed for specific work, business, or study.

2.6 Retired Person’s Visa

Purpose:
For retirees seeking temporary residence in South Africa.

Key Provisions:

Issued under Section 20.
Valid for up to 4 years, renewable.

Requirements:

Monthly income from pensions, rentals, or investments (minimum ZAR 37,000).
Proof of medical insurance.

Work Conditions:

May be endorsed for specific work/business activity.

2.7 Exchange Visa

Purpose:
For foreign nationals under 25 participating in cultural, economic, or social exchange programs.

Key Provisions:

Issued under Section 22.
Valid for up to 12 months.
Requirements:

Program must be approved by the Department of Home Affairs.
Sponsorship letter from South African host.
Restrictions:

Not renewable.
Not convertible to another visa while in South Africa.

3. General Requirements for All Visa Types

Valid passport (with at least 30 days validity beyond intended stay).
Completed DHA-1738 application form.
Proof of accommodation and financial means.
Police clearance certificates for stays over 12 months.
Medical and radiological reports (not older than 6 months).
Applicable fees.

4. Application Procedures

Applications must be submitted in person at a South African embassy, consulate, or Visa Facilitation Centre (VFS) if already in South Africa (subject to legal eligibility for change of status).
Processing times vary but typically range from 4 to 8 weeks.
Appeals or waiver applications (e.g., for capital investment) can be made to the Minister of Home Affairs.

5. Important Legal Notes

Engaging in an activity not endorsed on the visa (e.g., working on a visitor’s visa) is a violation and may result in deportation and a ban.
Visa holders are expected to comply with all South African laws.
Overstaying a visa is a serious offence and can lead to being declared undesirable under Section 30 of the Act.

In addition to the above, we also attend to:

·       Permanent Residence Applications

·       Appeals to rejections

·       Judicial review

6. Conclusion

South Africa’s immigration framework offers a range of temporary residence options to accommodate tourists, students, workers, investors, retirees, and family members. Compliance with all visa requirements and immigration laws is critical.

Feel free to contact myself in relation to any queries pertaining to the above.

Email: Phillip@sllaw.co.za