What is a Relative's visa? A relative’s visa may be applied for by a foreign family member within the first and second step of kinship of the South African (SA) citizen or permanent residence (PR) holder. This can be a biological and legally adopted child, spouse, parent or sibling of the SA citizen or PR holder and the relevant proof of kinship must be submitted. It is very important to know, though, that the SA citizen or PR holder must provide proof of the prescribed R8 500 per month and must also give written assurance thereof. If the minor child is the SA citizen or PR holder, there would be need for the financial assurance to be included. A Relative's visa does not allow employment or any other activity within the Republic and only serves as a legal residence to be with the SA citizen or PR holder. Permanent Residence: When it comes to permanent residence based on the SA relative, only those within the first step of kinship may apply. This excludes siblings from submitting an application for permanent residence based on their SA relative. For more information on Relative's visas, please contact us via our Contact Form on www.movingsouthimmigration.com. Alternatively, you may reach us on +2773 5357 534 or sue@movingsouthimmigration.com

Pattern of rejections - We have started to notice a pattern or trend on the Department of Home Affairs rejecting critical skills work visa applications for reasons that the professional body memberships are nearing expiry or that the applicant failed to submit proof of renewal - this after the application has been pending for several months from date of submission. Whilst we usually refrain from making public statements about the adjudication process of Home Affairs, we must admit that this one has us absolutely flabbergasted. Recommendation - For those individuals yet to submit their critical skills work visa applications, we suggest adding an undertaking or confirmation letter that you will renew your professional body membership when it is due for renewal. We understand that this is not an ideal request or situation, but sincerely hope applicants will find this a comforting add-on to the paperwork. For more information about the critical skills work visa process, you may reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we can be contacted on +2773 5357 534 or sue@movingsouthimmigration.com

South Africa is fortunate enough to have more than one visitor visa type - giving options to a variety of applicants. A long-term visitor's visa may be issued for up to three (3) years at a time and may be renewed. The below list of categories gives fair insight on who is able to apply for a long-term visitor's visa: a) Anyone who needs to conduct work for a foreign employer pursuant to a contract which partially requires activities to be conducted in South Africa and which relates to - teaching at an international school; films and advertisements produced in RSA including but not limited to an actor, cameraman, hairstylist, make-up artist, lightning and sound engineer; a foreign journalist seconded to South Africa by a foreign news agency; an artist who wishes to paint, sculpt or write. The applicant must submit a portfolio of his or her work; a tour leader; a visiting professor, lecturer or academic researcher; a performer in the entertainment industry, who is travelling through South Africa to perform; or a religious leader of a recognized denomination or religious organization b) a person to accompany the holder of a visa as set out in the immigration law - provided that the applicant is the spouse or dependent child of the visa holder. c) a person to testify as a state witness in a criminal court case. This application must be initiated by the relevant Deputy Director of Public Prosecutions, stipulating the reasons for the foreigner's stay in South Africa. d) Lastly, the spouse of a South African citizen or Permanent Residence holder can apply for this visa, providing they apply for authorization to work, study or conduct own business in South Africa. The Section 11 (6) visa is also issued as a long-term visitor's visa. Should you have any questions or uncertainty about the long-term visitor's visa for South Africa, please contact us via our Contact Form on www.movingsouthimmigation.com. Alternatively, we can be reached on +2773 5357 534 or sue@movingsouthimmigration.com

On 06 October 2022, the Department of Home Affairs Gazetted the decision to increase the application fee of South African passports as well as travel documents, effective 01 November 2022. The new fee took quite a hefty jump, in fact, South Africans can now expect to pay double the fee from November 2022. The new fees are as follows and note the places of application- Passports and travel documents within South Africa: Adult passport of 32 pages - R600 Adult passport of 48 pages (maxi) - R1 200 Child passport - R600 Official passport - R600 Diplomatic passport - R600 Re-application with old maxi passport - R1 200 Document for travel purposes - R600 Crew member certificate - R600 Passport and travel documents at SA missions abroad: Adult passport of 32 pages - R1 200 Adult passport of 48 pages (maxi) - R2 400 Child passport - R1 200 Emergency travel certificate - R140 Very important: If you are applying for a replacement of a lost, stolen, child passport, damaged passport, emergency passport, temporary passport or crew member certificate for travel purposes, the fee shall be doubled, provided that in instances where the documents referred to was lost, stolen or damaged through no negligence on the passport of the applicant. If no negligence was involved, the normal fee will apply. Conclusion: It is advised that applicants apply for their new South African passports, if possible, before 01 November 2022.

By law, any applicant may, for good cause, request to have a legal requirement as stipulated in the Immigration Regulations waived. A waiver is an exemption of some sort, of which application must be submitted directly to the Minister of Home Affairs and usually in person at a South African mission abroad or a VFS office within South Africa. There are many examples of waiver applications, and we will include two (2) below - 1. Letter of Recommendation from the Department of Labour: General work visa applications require a positive letter of recommendation from the Department of Labour. This process includes the advertising of the position in a national newspaper and the Department will also do a search for suitable candidates on their own database. The company must (then) submit an application for the recommendation to the Department of which a site inspection will be conducted upon receipt of the application and after careful consideration they will issue a yay or a nay. Most companies, and because they most likely already identified their suitable candidate after their own advertising and recruitment processes, opt to have the requirement of the labour recommendation waived. This means, the suitable potential employee must submit an application for the waiver. The application will be forwarded to the Department of Home Affairs for processing and will be scrutinized accordingly. 2. Place of submission: If you, as an applicant, is not able to lodge an application within South Africa but cannot travel to your home country due to unforeseen circumstances, war or dangerous circumstances, you may ask the Department of Home Affairs to waive the place of submission. This application, too, must be lodged in person at the VFS office in South Africa. Conclusion: It is important to note though that - The waiver application will be adjudicated on merit and that you must submit substantial proof that good cause for this request exists; That the answer to these applications is not an automatic yes; and In the event of a yes, there will most likely be a condition or two attached to the waiver For more information on the waiver process, please reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we are available on +2773 5357 534 or sue@movingsouthimmigration.com

Spouses belong together and should not be separated by continents or oceans. In an earlier post, we briefly referred to spouses who may work, study or conduct own business in South Africa. Options for foreign spouses: In this edition, we would like to look at options foreign spouses have if they wish to conduct an activity in South Africa. This activity can be conducted on a Spousal visa (commonly known as the Section 11 (6) visa) and is made available as a long-term visitor's visa. a) Spousal visa with authorization to work : Spouses can opt to look for employment with a South African company. As part of the application process, an offer of employment or a contract must be included. The contract must stipulate the basic labour law items and be signed by the applicant as well as a representative of the company. b) Spousal visa with authorization to conduct own business : For this category, the applicant must submit a business plan of the company he or she intends to open in South Africa. Most spouses also register the company with The Companies and Intellectual Property Commission (CIPC) and the South African Revenue Services (SARS) as invoicing and trading will be done from within South Africa. Unlike the normal Business Visa, the foreign spouse is not required to invest the required R5 million into the book value of the business. c) Spousal visa with authorization to study : Lastly, if the foreign spouse wishes to study in South Africa, he or she may do so. As part of this application, a provisional or formal letter of acceptance from the learning institution must be submitted. Conclusion: It is important to note that the foreign spouse must still submit the usual legal requirements such as police clearances, medical and radiological, proof of kinship to the SA spouse and other documents. The visa has a duration of maximum three (3) years and the South African or Permanent Residence spouse will remain the basis of the visa application. Lastly, the foreign spouse may submit a change of conditions application within South Africa from a tourist visa as per Directive 07 of 2019. For more information on the spousal visa process, please reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we are available on +2773 5357 534 or sue@movingsouthimmigration.com

It is ALWAYS important to check the conditions of your permanent residence once you have been issued with same. You may not know this, but there are four (4) reasons why your permanent residence permit can and may be withdrawn by the Department of Home Affairs. 1. Conviction for a crime committed: If you have been convicted of any offence listed in Schedule 1 and Schedule 2 as well as other offences listed in the Immigration Act, you will lose your permanent residence. Needless to say - don't commit any crimes :) 2. Failure to comply with the terms and conditions of the permit: Permanent residence in South Africa always comes with terms and conditions. Therefore, it is important to check these conditions which are stipulated on the actual permanent residence certificate. Ultimately, you will be held solely responsible for the conditions of the permit and will be advised of this by the authorities. 3. Absenteeism from South Africa: If you have been outside of South Africa for three (3) continuous years and longer, your permanent residence would have lapsed. There are certain exemptions, though, that will be taken into consideration when it comes to your absenteeism from the Republic. 4. Taking up residence in South Africa after issuance of permanent residence: If you have not taken up residence in South Africa within one (1) year of the issuance of the permit, your permanent residence would have lapsed. The maximum entry date will be stipulated on the certificate. Conclusion: Always check to ensure you remain compliant with the terms and conditions of your permanent residence. If it lapses, you will be required to apply for residency all over again! If unsure about the conditions of your permanent residence, please reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we are available on +2773 5357 534 or sue@movingsouthimmigration.com

In terms of Section 22 (b), an applicant under the age of 25 may apply for an Exchange visa of which duration is one year. This visa is typically used by foreign graduates doing their practical work or internship in South Africa. Chat to us regarding this visa, which is often overlooked, but could serve a great purpose during your stay in South Africa. We can be reached via our Contact form on www.movingsouthimmigration.com. Alternatively, you may contact us on +2773 5357 534 or sue@movingsouthimmigration.com

We often hear from travellers ' I only received 7 days at immigration when I entered South Africa and not my normal 90 days'. Here is one reason why you most likely received only seven (7) days - "A person, other than a resident from a country which shares a border with South Africa, and who is in possession of a visa will be readmitted on the same visa and where such a visa expired, will receive a new visa for a period not exceeding 7 days ." This is a process we call 'border hopping.' However, if the person returns from their home country, the traveller will receive a new visa not exceeding the period stipulated as per treaty agreements (between 30 - 90 days). Travellers may be refused entry into South Africa, based on the following reasons - You are an illegal person; You are a prohibited person; You were previously declared undesirable and the undesirable status has not been lifted; You are in contravention of the Immigration Act by producing a visa that's different to the activities to be undertaken in South Africa; You are a fugitive from justice; You are in possession of a fraudulent visa or permit; You are in possession of a fraudulent passport; or You provided the immigration officer with incorrect or false information knowing it's incorrect or false Lastly, please ensure you are in possession of a passport - That is machine-readable (handwritten passports are no longer accepted); That has a validity of no less than thirty (30) days after your intended departure date from South Africa; and That have at least two (2) blank pages before flying to South Africa For more tips on travelling to South Africa, please reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we can be reached on +2773 5357 534 or sue@movingsouthimmigration.com

Do you wish to or intend on opening an own business in South Africa, but are unsure about the preferred sectors in which you can operate this business in? Please find below, the current lists of Desirable and Undesirable business undertakings as issued by the Department of Home Affairs: Undesirable businesses in the following sectors - Businesses that import second-hand vehicles into South Africa for the purpose of exporting them to other markets outside the RSA; The exotic entertainment industry; and Security industry Desirable businesses in the following sector which also qualify for a reduction or waiver of the investment requirements should the R5 million not be available - Agro-processing; Business Processing Outsourcing (BPO) and IT enabled services; Capital/Transport equipment, metals and electrical machinery and apparatus; Electro Technical; Textile, Clothing and Leather; Consumer goods; Boatbuilding; Pulp, paper and furniture; Automotive and Components; Green Economy Industries; Advanced Manufacturing; Tourism Infrastructure; Chemicals, plastic fabrication and pharmaceuticals; Creative and Design industry; Oil and Gas; Mineral beneficiation; Infrastructure Development; and ICT (Information and Communications Technology) For more information on the business visa process, reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, you may reach out to us on +2773 5357 534 or sue@movingsouthimmigration.com

It took a bit of time for me to write this post as I wanted to pen down exactly what comes from the heart. As South Africa is currently experiencing one of its biggest energy and immigration crises to date, I often wonder - is it worth remaining in this industry? I also often find myself putting on my South African armour on defending my beautiful country. So - is it worth it to still continue my immigration journey? Absolutely!! South Africa has so much to offer - both discovered and undiscovered. We don't just have exquisite landscapes, we have some of the best universities, employers, cultures, communities, policies, food, you name it. Call me patriotic, but I love my country. I love its uniqueness. I love representing what I believe in. I love how certain aspects of my country evolved into some of the biggest things and names globally. I love how we are exploring and finding. I love our struggles. I love the rainbow in this nation. Despite the challenges we face every day - Today, I am proud to be called South African.

In an earlier post, we announced that the Department of Home Affairs withdrew the centralized adjudication process with immediate effect. We also noted that we do not expect the backlog to be cleared immediately. Well - it seems this is indeed the case as we have received confirmation that all long-term visa applications, submitted prior to 01 September 2022, will continue being reviewed by the Home Affairs Head Office in Pretoria. This means that all these applicants unfortunately need to hold on a tad bit longer to receive the outcomes of their visa applications. New applicants are in a more fortunate position, which should allow them to experience the regular processing timeframes of the SA missions before the centralization process has been put in place. For further information on how to proceed, kindly reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, you may contact us on +2773 5357 534 or sue@movingsouthimmigration.com