Relocation to South Africa - Visa Requirements

Introduction

Present immigration policy in South Africa is tight due to the emphasis placed on giving jobs to the general population of South Africa. This is seen with the focus on Affirmative action laws being passed where all businesses need to report on what their 'quotas' are and where they will be in the future.

However, if you have a skill that is in short supply or have wads of cash ready to invest in South Africa - you will be able to get a visa.

The current general requirements are:

• You must be of good character and a desirable inhabitant
• You must not be likely to be harmful to the welfare of South Africa
• You cannot have an occupation in which there is already a sufficient number of people available to meet the current requirements of that occupation

Where to apply for immigration

You should apply for immigration to South Africa while you are in your country of residence. However you may apply for immigration whilst in South Africa if:

• You are in the country on a valid work permit
• You are married to, or the child of, a South African citizen or permanent resident, and are in South Africa on a valid temporary residence permit
• You are being sponsored for immigration purposes by a blood family member who is permanently and lawfully resident in South Africa and are in South Africa on a valid temporary residence permit
• You have been exempted from the requirement to hold a temporary residence permit.

Types of Immigration

Workers

Applicants should be between the ages of 18 to 51

You must have a permanent offer of employment from a South African registered company

The position offered must be in line with your qualifications and experience

Your prospective employer must motivate why a South African citizen cannot fill or be trained to fill the position

Your prospective employer must submit proof (eg press clippings of advertisements placed over a period of at least one month in national newspapers) that the post has been advertised and that no suitable South African has applied, unless it is obvious that a South African would be unsuitable for the post (for example, a key managerial post in the South African branch of an international firm)

If professionally qualified, you must register with the appropriate South African bodies.

Family reunion scheme

If you are economically active but unable to submit a firm offer of employment, you may apply for permanent residence if family members (parents, brothers or sisters etc) who are South African citizens undertake to assist you and your family financially for as long as you are in South Africa or until you become economically active.

Spouses and children

Being married to a South African citizen or permanent resident does not automatically guarantee you permanent residence status.

If you are married to a South African citizen and wish to immigrate to South Africa, you will first be considered as a prospective immigrant in your own right, especially if you are professionally qualified. Only if you do not qualify for immigration under another category will you be considered under the category of spouse. In this case, you will have to submit proof of marriage and of your spouse's financial ability to support you and, if applicable, any dependent children in South Africa.

Fiancé(e)s

If you are engaged to a South African citizen or permanent resident and wish to apply for immigration to South Africa, you will first be considered as a prospective immigrant in your own right, especially if you are professionally qualified. Only if you do not qualify for immigration under another category will you be considered under the category of fiancé(e).

You should apply for immigration abroad. If you choose not to join your South African fiancé(e) and to await the outcome of your application abroad, you will have to deposit a refundable immigration fee. If, on the other hand, you choose to join your fiancé(e) and to await the outcome of your application in South Africa, you will have to deposit a refundable repatriation fee.

Sponsored persons

If you are destitute, aged or infirm and wish to immigrate to South Africa, a blood family member who is permanently and lawfully resident in South Africa may sponsor you, provided he or she is financially able to support you.

To qualify, you must be physically unable to fend for yourself, such that you need to be taken in as a dependent, and you may not have dependents that would need sponsorship too. If, however, you are financially self-supporting, then you must apply for immigration in your own right, for example as a retired person.

Retired persons

If you are retired and financially self-supporting and wish to apply for immigration to South Africa in your own right, you must submit documentary proof of your financial assets readily transferable to South Africa. The extent of the transferable amount, and/or the assurance of a sufficient continued income from abroad, will be taken into account in considering your application.

Financially independent persons

If you are financially independent and wish to apply for immigration to South Africa under this category, you will have to transfer an amount of at least R1 500 000 to South Africa, of which at least R700 000 must be invested in the South African economy for a period of three years - as a deposit with a financial institution or by any other means, such as the acquisition of immovable property. After three years you will have to prove that this requirement has been met, failing which your immigration permit may be withdrawn.

You will also be required to refrain from engaging in employment or establishing your own business without the approval of the Department of Home Affairs, and to notify the Department of any change of address during the three-year period.

Own business

If you wish to establish your own business in South Africa, you will have to provide sufficient funds to support yourself and your family, and to transfer a minimum amount - determined by the Immigrants Selection Board - in order to set up your business. You will also, 12 months after establishing your business, be required to submit the following documentation to the Department of Home Affairs:

• Audited financial statements in order for the viability of the business to be assessed;
• Evidence that at least two South African citizens or permanent residents, excluding members of your family, have been employed and are still in service; and
• Evidence that the amount determined by the Immigrants Selection Board has been used for the intended purposes.

Own business in partnership or co-operation

If you enter into business with others, or to continue with an established business - such as a proprietary limited or limited company, as well as close corporations or partnerships - you will, 12 months after entering the venture, have to submit evidence to the Department of Home Affairs that your involvement has resulted in a substantial contribution to the South African economy or the full-time employment of at least two South African citizens or permanent residents, excluding members of your family.

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