CONSULAR INFORMATION

REGULATIONS
VISITOR’S VISA
VISITOR’S PERMIT
STUDY PERMIT
BUSINESS PERMIT
MEDICAL PERMIT
RELATIVE PERMIT
WORK PERMIT
CORPORATE PERMIT
RETIRED PERSON’S PERMIT
EXCHANGE PERSON’S PERMIT
TREATY PERMIT

Regulations

• A passport valid for no less than 30 days after the expiry of the intended visit

• Fully completed application form, signed by the applicant

• Prescribed fee, where applicable

• In respect of a minor dependent child accompanying him or her to or joining him or her in the Republic-

  • an unabridged birth certificate

  • in the case of adopted minor, proof of that adoption;

  • in the case of a minor subject to guardianship or custody, proof of such guardianship and custody or

  • in the case of unaccompanied minor, consent from the guardian

• Proof of sufficient financial means in the form of:

  • Bank statements; or

  • Salary advices; or

  • Undertaking(s) by the host(s) in the RSA; or

  • Bursaries; or

  • Medical cover; or

  • Cash available, including credit cards or traveler’s cheques to cover the living expenses during the sojourn in the Republic

• Documentation detailing activity to be conducted and institutions or persons in the Republic, if any

• Deposit or valid return air ticket or both

• A yellow fever vaccination certificate if that person traveled or intends traveling from or through a yellow fever endemic area: Provided that the certificate shall not be required where that person traveled or intends traveling in direct transit through such area of where an application is made in the Republic.

 

An applicant for a visitor’s visa exceeding a period of three months that falls into one of the categories under section 11 (1)(ii), (aa), (bb), (cc) or (dd) of the Act, shall, in addition to the above submit:

• Either:

  • a marriage certificate in the case of a married applicant;

  • proof of a relationship;

  • a death certificate in the case of a widowed applicant;

  • a decree of divorce in the case of a divorced applicant; or

  • proof of legal separation in the case of a separated applicant.

• An affidavit (BI-1712A form) confirming any spousal relationship of the applicant and the particulars of any children born of such relationship.

• Police clearance certificate.

• Medical and radiological reports in respect of each applicant: provided that a radiological report shall not be required in respect of children under the age of 12 years or pregnant women.

Visitor’s visa

Foreigners intending to visit South Africa must have at least one blank visa page in their passports for the purpose of endorsement and one blank page for visa. The blank page needed for endorsement purposes excludes pages in a passport reserved for observations and amendments.
Upon admission a visa shall be considered to be a permit.
Note that the expiry date of the visa means the date before or on which the foreigner may enter the RSA.
Holders of the Czech passport are not required to hold visa in respect of purposes for which a visitor’s permit may be issued for intended stay of 90 days or less and when in transit.

Visitor’s permit

Categories of Visitor's Permit

• Sabbatical

• Voluntary or charitable activities

• Research

• Spouse

• Bonafide Activities

Visitor's Permit in Respect of Sabbatical

• See Regulations

• BI-84 Visa

  A letter from the foreign academic institution, confirming enrolment abroad;

• A letter from the host organization or institution in the Republic.

Visitor's Permit in Respect of Voluntary or Charitable Activities

• See Regulations

• BI-84 Visa

  A letter from the organization where the services will be rendered, confirming the nature and period of the services;

• A letter of confirmation that it is not a paid post.

Visitor's Permit in Respect of Research

• See Regulations

• A letter from the educational institution concerned, confirming the nature and period of the research;

• Confirmation of the available funds to cover accommodation, living and medical expenses for the duration of the research.

Visitor's Permit in Respect of Spouse and Dependents

• See Regulations

• BI-84 Visa

  Any additional information that the Department may request to satisfy itself of the existence of the good faith spousal relationship.

Visitor's Permit of Bona Fide Activities Excluding Work or Activities for which a Permit May be Required

• See Regulations

• BI-84 Visa

  Documentation detailing activity to be conducted and institutions or persons in the Republic, if any;

• Proof of sufficient financial means available within the Republic to conduct the intended activity and meet living expenses calculated at R20,000.00 a month per person, to be provided in the form of a certification of a chartered accountant, which, inter alia may take account the value of available housing.

Visitor's Permit in respect of a foreigner waiting for the outcome of a good faith application for a change of a status or a good faith appeal

• See Regulations

• BI-84 Visa

  Valid permit, in the case of Regional Office

• Letter stating the reasons for remaining in the Republic and any hardship in departing, if any;

• Proof of sufficient financial means available within the Republic to meet living expenses calculated at R10,000.00 a month per person, to be provided in the form of a certification of a chartered accountant.

Study permit

Study shall mean study at a primary, secondary or tertiary educational institution or any other bona fide institution of learning, including but not limited to professional, training, cultural technical, research, and vocational, sportive, language and entertainment institutions of learning. Study permit may be issued to a foreigner intending to study in the Republic for longer than three months.

In order to obtain necessary visa for studying in South Africa the student has to submit:

• See Regulations.

  Application form bi1738

• Applicants traveling by air must be in possession of a return or onward ticket or proof of sufficient funds, or lodge a cash deposit of equivalent value to such a ticket.

• Statement and/or documentation confirming purpose and duration of visit.

• Official letter of provisional enrolment from the institution of learning concerned, confirming provisional acceptance and duration of the course.

• In case of a person under the age of 21 years the particulars of the person in the Republic who will act as the learner’s guardian and a confirmatory letter from that intended guardian and proof of consent for the intended stay from both parents or from the custodian parent, along with proof of sole custody in latter case.

• Proof of sufficient funds to cover tuition fees, maintenance and incidental costs.

• An outline of the course or academic programme for which the applicant has been accepted and proof of required qualifications to attend it, if any

• In the case of a foreign state accepting responsibility for the applicant in terms of a bilateral agreement, a written undertaking in respect of the departure of the applicant.

• A police clearance certificate if required in respect of all applicants of 23 years of age or older, in respect of all previous countries of residence for periods exceeding one year, to be submitted within twelve months of the application if not immediately available..

• Proof of medical cover, or medical insurance cover recognized in the Republic.

• The documents relating to minor dependent children accompanying the applicant to or joining in the Republic.

• Payment of a deposit: Provided that such deposit shall be refunded to the depositor after the final departure of the applicant or after a permit contemplated in section 25 of the Act has been issued to the applicant, provided further that the payment of the deposit may be effected by means of a bank guaranteed cheque or credit card at places where such facility exists.

• In the case of a student from Africa, the payment of the deposit shall not be required: Provided that the Government of the relevant African country submits a written undertaking to pay all costs relating to the deportation of the student, should this become necessary.

• 1 Photo.

• Fee for study permit application of CZK 1.350.

• The holder of a study permit may conduct work, provided that such a person may undertake part-time work which shall not exceed 20 hours per week, and provided that this limitation shall not apply during academic vacation periods and that the Registrar of the institution concerned consents to it in writing.

• When a foreigner submits an application for a study permit he/she may simultaneously apply for authorization to do part-time work.

• Apart from the normal documents required for a study permit the applicant should present a letter of consent from the institution of higher education (an institution registered with the Department of Education), authorizing the applicant to accept part-time work.

 

Alternatively a student may, whilst on a valid study permit, be offered part-time employment in which case the onus will rest with the individual student to obtain the required written consent from the institution as well as an offer of employment for part-time employment from the prospective employer, to be presented to the nearest regional office of the Department in order to obtain permission to do part-time work in South Africa whilst undertaking his/her studies. The employer will furthermore be expected to produce proof that the period worked does not exceed the prescribed limits to an Immigration Officer during inspections.

 

Business permit

Business permit is issued to any foreigner who intends to establish or invest in a business in SA in which he or she may be employed. Subject to regulation an application for a business permit shall be accompanied by:

• See Regulations

• Application form bi1738

• Certification by a chartered accountant registered with the South African Institute of Chartered Accountants to the effect that at least two of the following criteria are met, one of which shall be:

  • at least R2 500 000.00 in cash

  • a capital contribution of at least R2,5 million; or

  • at least R2 million in cash and a capital contribution of at least R500 000 originating from abroad, is available to be invested as part of the book value of the business.

• I addition an applicant for a business permit shall submit:

  • business plan outlining the feasibility of the business, both in the short and long term

  • proof that at least five citizens or residents shall be employed

  • an undertaking to register with the South African Revenue Service

  • proof of registration with the relevant body, board or council, if applicable

  • a deposit: provided that such deposit shall be refunded to the depositor after the final departure of the applicant or after a permit for permanent residence has been issued to the applicant

• The capitalization requirement may be reduced or waived in respect of the following business:

  • information and communication technology

  • clothing & textile manufacturing

  • chemicals & biotechnology industry

  • agro processing industry

  • metals & minerals refinement industry

  • automotives manufacturing industry

  • tourism, and

  • crafts

• A foreigner who invests or has invested in an existing business shall in addition submit financial statement of the business in respect of the preceding financial year

• A foreigner who invests or has invested in an existing business as a partner shall, in addition submit:

  • financial statement in respect of the preceding financial year and

  • a partnership agreement

• The business permit cited above may be issued for a period of 24 months at a time. However, it may be withdrawn if the business no longer maintains the capitalization amount of R2 500 000, 00. The said capitalization may be reduced on application on the basis of a recommendation of either the Department of Trade and Industry or the Department of Science and Technology or on the basis of the recommendation of another competent organ of state.

Medical permits

Medical treatment permit may be issued to all foreigners intending to receive medical treatment in the Republic for longer than three months by

a) Embassy
b) Registrars office or a designated official of an institution where the foreigner intends to receive treatment.

A medical treatment permit may be issued for a maximum of six months at a time.

• See Regulations

• Application form bi1738

• A letter from the applicant's medical practitioner or medical institution, indicating the reasons/necessity for treatment, the period of treatment and particulars of the treatment plans in SA;

• Details of the person or institution responsible for the medical expenses and hospital fees, if any. Should the applicant's medical scheme or employer not be liable for expenses incurred, proof of financial means or medical cover must be submitted.

• Particulars of persons accompanying such permit holder;

• Copy of a return ticket or a repatriation guarantee in the form of a deposit equivalent to the cost of an air ticket to the country of origin or residence, if required.

Relative`s permit

This is a permit that will be issued to relatives to South African citizens or residents intending to visit the Republic. It will be issued for the period not exceeding 24 months at a time. In a case where it is issued to spouse, it will lapse upon the dissolution of the relationship and the Department may at any time satisfy itself that a good faith spousal relationship exists and or continues to exist.

• See Regulations

• Application form bi1738

• Make a deposit, except in the case of a spouse or dependent minor child: Provided that such deposit shall be refunded to the depositor after the final departure of the applicant or after a permanent residence permit has been issued to the applicant.

• Financial assurance required shall be an amount of R5 000 per person per month to be proven by means of a salary advice or bank statement: Provided that the financial assurance shall not be applicable where the applicant is a spouse or dependent minor child.

Note: The period of validity of the permit shall be determined by the financial assurance provided, but will not exceed a period of 24 months at a time. A relative permit issued to a spouse shall lapse upon the dissolution of the spousal relationship and the Department may at any time satisfy itself that a good faith spousal relationship exists and or continues to exist.

Work permit

Work permits are issued to all foreigners intending to take up employment in South Africa.

Categories of Work Permit:

• Quota work permit

• General work permit

• Exceptional work permit

• Intra-company transfer work permit

Quota Work Permit

NEW QUOTA WORK PERMITS FOR FOREIGNERS WITH SCARCE AND CRITICAL SKILLS

The Accelerated and Shared Growth Initiative for South Africa (ASGI-SA) is a comprehensive government plan that was recently launched to ensure the continuation of South Africa’s vibrant economic growth. One of the key elements of this plan is to recruit skilled foreigners in certain key areas.

The Immigration Act of 2002 allows for the Minister of Home Affairs to consult with the Minister of Labour and the Minister of Trade and Industry and to identify areas of scarce, critical and special skills required by the South African economy each year.

A list of professional categories and occupational classes are then identified and work permits made available.

The most recent list identifies almost 35 000 such positions across 53 different categories.

If you have formal qualifications in any of these areas and have a minimum of five years practical experience, you could qualify for such a quota work permit.

SCARCE AND CRITICAL SKILLS


A quota work permit may be issued to a foreigner if the foreigner falls within a category determined by the Minister at least annually by notice in the Gazette after consultation with the ministers of Labor and Trade and Industry and as long as the number of work permits, so issued for such category does not exceed the quota determinated in the notice.

• See Regulations

• Application form bi1738

• An administrative fee of Czk 4 790

• 1 photo

• A deportation deposit equivalent to a single air return ticket to the applicants country of origin

• An evaluation certificate from the South African Qualifications Authority http://www.saqa.org.za/ confirming the necessary qualifications for the relevant professional category or occupational class

• Confirmation of the required experience for the relevant category or class

• Proof that the applicant complies with the registration requirements of the relevant professional body, board or council

Note: Within 90 days of admission, the holder of a quota work permit shall submit to the Director-General confirmation of having secured employment within the category or class determined by the Minister at least annually by notice in the Gazette after consultation with the Ministers of Labour and Trade and within 12 months thereafter, confirmation of continued employment within that category or class.

General Work Permit

• See Regulations

• Application form bi1738

• >

• Proof of valid return air ticket, a deposit or a written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members,

• Submission of the original advertisement in the national printed media, which must reflect:

  • the full particulars of the relevant newspaper/specialized magazine

  • minimum qualifications and experience required to fill the position as well as the remuneration and benefits offered

  • the position offered and the responsibilities to performed must clearly defined

  • such advertisement should measure at least 60 millimetres by 60 millimetres

  • the closing date for the application must be stated

  • the advertisement may not be older than 3 months at the time of application, which period shall be calculated from the closing date for applications.

• Employment contract containing the signatures of both the employer and the employee and the applicable terms and conditions of employment.

• Proof of qualifications evaluated by the South African Qualifications Authority (http://www.saqa.org.za/) and translated by a sworn translator into one of the official languages of the Republic.

• Proof of experience and skills in line with the job offer

• A letter from the employer motivating why a citizen or permanent resident could not fill the position, as well as proof of efforts made to obtain the services of a citizen or resident, together with particulars of the unsuccessful candidates

• An undertaking by the employer to inform the Director-General should the applicant not comply with the Act or leave the employer

• Full particulars of the employer, including, if applicable, proof of registration of the business with the Registrar of Companies

• Certificate from the Department of Labour or an extract from the database of a salary benchmarking organisation stipulating the average salary earned by employees occupying similar positions in the Republic.

• Fee of Czk 4.790

• 1 photograph

Work Permits (Exceptional Skills)

• See Regulations

• Application form bi1738

• A letter from a foreign or South African organ of state, from an established South African academic, cultural or business body, confirming the applicant's exceptional skills or qualifications;

• Testimonials from previous employers, if applicable, and a comprehensive curriculum vitae;

• Other proof to substantiate exceptional skills or qualifications such as publications and testimonials

• A letter of motivation indicating that the exceptional skill possessed by applicant will be to the benefit of the South African environment in which he or she intends to operate.

Work Permit (Intra Company Transfer)

• See Regulations

• Application form bi1738

• A letter from the international concern confirming that the foreigner will be transferred to a branch of that company or affiliated company situated in South Africa;

• A letter from the South African company confirming the transfer of such foreigner from the parent/affiliated company abroad, as well as specifying the occupation and capacity in which the foreigner will be employed, and that maximum duration will not exceed two years;

• A certification by a chartered accountant acting on behalf of the employer that the employer needs to employ such foreigner within SA and outlining the foreigner's job description;

• An undertaking from the employer to defray deportation and other costs should such foreigner fail to depart from the Republic on completion of his or her tour of duty 

Corporate permit

• General Categories

• Agreements with Foreign States

• Seasonal Workers/Farm Workers

A corporate permit may be issued by the Department to a corporate applicant to employ foreigners who may conduct work for such corporate applicant. After consultation with the Departments of Labour and of Trade and Industry, the Department shall determine the maximum number of foreigners to be employed in terms of a corporate permit by a corporate applicant.

The following documents must be submitted before a corporate permit can be issued:

• A certification by a chartered accountant specifying conditions of employment of the foreigners;

• An undertaking by the corporate applicant to:

  • Ensure that a foreigner's passport is valid for no less that 30 days after expiry of stay;

  • Ensure that foreigners are employed in the specific positions authorized by the corporate permit;

  • Ensure the departure of foreigners on completion of service

  • Financial guarantees from corporate applicant: a deposit in respect of each corporate worker or written undertaking in lieu of the deposit

• Motivation letter for the need to employ foreigners, specifying a job description and the proposed remuneration in respect of each foreigner

• An undertaking to comply with provisions/conditions of a corporate permit;

• Training fee and/or training program for the citizens and residents that may reduce the need for foreign labor.

Corporate Worker (General Categories)

• See Regulations

• Application form bi1738

• Acceptance letter of offer of employment;

• Certificate detailing terms and conditions of employment.

Corporate Worker (Agreements with Foreign States)

• See Regulations

• Application form bi1738

• Valid employment contract entered into for a period not exceeding 18 months;

• No objection letter from the Department of labor or an exemption letter;

• An undertaking by the employer to remove the employee on expiry of contract;

• Certificate detailing terms and conditions of employment.

• Full set of fingerprints

Corporate Worker (Seasonal Workers/Farm Workers)

• See Regulations

• Application form bi1738

• Valid employment contract entered into for a period not exceeding six months;

• An undertaking by the employer to repatriate the employee on the expiry of the contract;

• No objection letter from the Department of labor or an exemption letter;

• Certificate detailing terms and conditions of employment.

• Full set of fingerprints

Retired person`s permit

• Retired Person's Permit (Non Worker)

• Retired Person's Permit (Worker)

A retired person permit may e issued for a period exceeding three months to a foreigner who intends to retire in the Republic, provided that the foreigner provides proof that such foreigner has:

• The right to a pension or an irrevocable 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 net worth shall be a combination of assets realizing R20 000 per month.

Retired Person's Permit (Non Worker)

• See Regulations

• Application form bi1738

• A pension with a minimum value of R20,000 per month or an irrevocable retirement annuity or retirement account to the equivalent amount; or

• A minimum net worth shall be a combination of assets realizing R20 000 per month.

Retired Person's Permit (Worker)

• See Regulations

• Application form bi1738

• All the requirements cited under retired persons' permit above;

• Proof that a citizen or resident is not ready and willing to take up relevant employment.

Exchange Permits

An exchange permit is a permit issued to foreigners participating in a programme of cultural, economic or social exchange organized or administered by an organ of state, public higher education institution in conjunction with an organ of a state.

Exchange Permits:

In case of learning institution in the Republic in conjunction with a foreign learning institution or and organ of a foreign state organizing the programme:

• See Regulations

• Application form bi1738

• A letter form the Department of Education or public higher educational institution in SA, confirming that it is responsible for organizing or administering the programme, outlining the activities and duration thereof, as well as confirming that it will take full responsibility for the student in SA;

• A letter from an organ of the foreign state, confirming the particulars of the student, including confirmation of the student's registration with a tertiary educational institution abroad, as well as the date on which the study will commence.

In case of an organ of state in conjunction with foreign learning institution or and organ of a foreign state organizing the programme:

• See Regulations

• Application form bi1738

• A letter from the organ of state confirming the status or existence of the exchange permit

• A letter from the foreign learning institution confirming the enrolment of the applicant or a letter from the organ of the foreign state conducting the programme, as the case may be

In case of participating in a programme of cultural, economic or social exchange organized by an organ of state or a public higher education institution in conjunction with an organ of a foreign state:

• See Regulations

• Application form bi1738

• Statement and/or documentation confirming purpose and duration of visit

• Letter from the organ of the State confirming the status/existence of the exchange programme

• Letter from the educational institution in South Africa confirming that the permit holder, if a student, has been accepted to register, if applicable, or a letter from the entity, organization or family where the foreigner intends to conduct his or her programme

• Letter from an organ of the foreign State confirming awareness of the exchange programme

• Letter from the sponsoring body responsible for the organizing of administering of the programme, confirming that it will take full responsibility of the permit holder whilst he or she is in South Africa

• Annual reports from the sponsoring body, outlining progress of the programme. In the absence of a sponsoring body, the educational institution or organ of State must submit the reports, as well as the confirmation mentioned above

In case of Exchange Work Programme:

• See Regulations

• Application form bi1738

• Statement and/or documentation confirming purpose and duration of visit

• Letter from a prospective employer certifying that:

• Such foreigner is under 25 years of age and has received an offer to conduct work for no longer than one year

• The position exists

• The employer has committed him/herself to pay such foreigner remuneration which complies with the applicable law

• Provide for the welfare and the needs of such foreigner while in South Africa under the aforesaid permit

• Report to the Department of Home Affairs the failure of the foreigner to comply with the terms of his or her permit or to depart when so required

• Such a foreigner may not conduct work other than work for which the permit is issued, and

• Such foreigner may not qualify for a temporary or permanent residence permit until he or she has spent two years outside South Africa, which requirement may be waive by the Department of home Affairs in Extra ordinary circumstances

Treaty permit

This is a kind of a permit issued to a foreigner conducting activities in SA in terms of an international agreement to which SA is a party.

• See Regulations

• Application form bi1738

• Letter from the relevant organ of state attesting to:

  • The nature of the programme and the treaty under which it is conducted;

  • The fact that the relevant foreigner participates in such programme;

  • The type of activities that the foreigner is expected to perform under such programme and the duration thereof and whether he or she is expected to conduct work.