The world is once again buzzing! With buzzing comes work and with work comes assignments. Borders are now fully opened, and mobility is on the rise again. Intra Company Transfers to South Africa are usually assignments where a nominated and qualified assignee gets sent from a home employing entity abroad to its South African branch, affiliate or subsidiary. For this purpose, the intra company transfer work visa can be applied for. The nominated assignee, however, must have a valid employment contract with the overseas entity and must have worked for the entity for at least six (6) months. As part of the assignment, the South African entity needs to ensure there is a Transfer of Skills plan in place and that at least one local (SA citizen or Permanent residence holder) has been nominated to receive the skills training during the assignee's assignment in South Africa. To know more about the intra company transfer work visa process, 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

Babies, born in South Africa, do not have to return to their home country to apply for a visa. Foreign parents on long-term visas can simply apply for a dependant visa in South Africa in order for baby to accompany them. We call this a "Landing" process and baby will be issued with a long-term visitor's visa. Speak to us about this streamlined process - your baby will be in good hands. We can be reached via our Contact Form on www.movingsouthimmigration.com or alternatively contact us on +2773 5357 534 or sue@movingsouthimmigration.com

The Department of Home Affairs, once again, extended its blanket waiver to applicants who are currently awaiting their outcomes of submitted visa and waiver applications. It has come as a surprise, though, that the blanket waiver is extended for a further six (6) months as opposed to the usual three (3) months. These individuals are now covered until 31 March 2023. This further means applicants may travel, if required, from South Africa between now until 31 March 2023 on expired visas without being declared undesirable. They will be required, however, to present their original VFS receipt upon their departure from and entry into South Africa. Visa exempt nationals may simply enter South Africa again on their usual 30-90 day visas to collect the outcomes of their visa applications. Unfortunately, nationals from visa-restricted countries must apply for and obtain a port of entry visa in order to be re-admitted into South Africa. It is important to note that this blanket waiver ONLY covers applicants who submitted their visa and waiver applications within South Africa and who have been legally admitted into the country. Please feel free to reach out to us via our contact form on www.movingsouthimmigration.com to discuss. Alternatively, you may contact us on +2773 5357 534 or sue@movingsouthimmigration.com

Does your company have any urgent upcoming short-term work projects and you require foreign skills to help out? The Section 11 (2) visa is the ideal visa for your foreign staff from a branch, subsidiary or affiliate company abroad if they need to work on these South African projects for a maximum of 90 days. This visa must be applied for and obtained beforehand at the relevant South African mission as authorization must be given prior to entering South Africa. It is issued as a visitor's visa, but with authorization to conduct work legally in South Africa, unlike the tourist visa. Should the project unexpectedly run over time, this visa may be extended for a further 90 days within South Africa. Please feel free to reach out to us via our contact form on www.movingsouthimmigration.com for further information regarding this visa. Alternatively, you can reach us on +2773 5357 534 or sue@movingsouthimmigration.com

In our post, dated 18 August 2022, we advised that the centralization of visa applications is causing many delays at the adjudication hub. This time round, we are pleased to advise that the centralization process has been withdrawn with immediate effect. This means that the adjudication powers have been delegated back to all South African missions abroad and they may now process visa applications on their own, without review from the Home Affairs Head Office in Pretoria. This is certainly great news for all applicants and employers as well as spouses who have been waiting months and months on end for visa applications to be finalized. We do not expect for the current backlog to be cleared immediately though, but it certainly adds light to the end of the immigration tunnel. Having said this, we urge all visa applicants to still ensure that their paperwork remain compliant for the visa category they apply for. Feel free to reach out to us via our contact form on www.movingsouthimmigration.com or via +2773 5357 534 or sue@movingsouthimmigration.com to discuss further steps in your visa application.

GREAT NEWS!! Holders of Zimbabwean Exemption Permits (ZEP) have received a grace period of six (6) months and until 30 June 2023 to lodge their applications for a mainstream visa or a waiver within South Africa! This decision comes after a recommendation for it was made by the Departmental Advisory Committe ("DAC"). Prior to this announcement, ZEP holders had until 31 December 2022 to change to mainstream visas. We are sure this news is greatly welcomed by all the ZEP holders who are not yet able and ready to lodge their applications at VFS due to unforeseen circumstances. Although the Department of Home Affairs is committed to afford these ZEP holders the extended opportunity to lodge their applications, we urge these applicants to submit their visa applications as soon as possible and not wait until the 11th hour to do so. Another gentle reminder that an original Zimbabwean police clearance must be submitted with the mainstream visa application - therefore apply and obtain your Zimbabwean police clearance as soon as possible. If you are not sure which visa you qualify for, please feel free to reach out to us on www.movingsouthimmigration.com or alternatively contact us on +2773 5357 534 or sue@movingsouthimmigration.com We look forward to being of assistance!

South Africa is entering it's busiest time - TOURISM SEASON! We look forward to seeing all the visitors from their marvellous countries and appreciate it even more that we get to share our beautiful Republic with them! However, did you know that you do not have to spend only 30 to 90 days in our beautiful country? You may extend your tourist visa for up to 90 days within South Africa whilst enjoying our wonderful beaches, wine farms, garden routes or even visiting the wild life parks. Let us help you extend your visa to ensure you have the maximum time of relaxation and appreciation of what South Africa has to offer. Feel free to speak to us about your extension process. We can be contacted via our website www.movingsouthimmigration.com or alternatively reach out to us via email or telephone on sue@movingsouthimmigration.com or +2773 5357 534. We look forward to hearing from you!

As an employer of a foreign national, you are, by law, required to keep on record the following documents - A certified copy of the employee's passport reflecting his or her personal details; A certified copy of the relevant work visa, work authorization or permanent residence certificate; Proof of the capacity / position in which the foreign national is or was employed; A copy of the employee's IRP5 form or certificate of income / earnings; and Job Description of the foreign national As an employer, you will further be required to keep these records for two (2) years after termination of the foreign national's employment with the company. Lastly, it is your duty to report to the Director-General of Home Affairs when the foreign national is no longer employed at the company and if he or she breached the conditions of the visa. Please feel free to speak to us about your duties as an employer. We can be contacted via our website www.movingsouthimmigration.com or alternatively reach out to us via email or telephone on sue@movingsouthimmigration.com or +2773 5357 534. We look forward to hearing from you!

By law, a foreign national, intending to study in South Africa, needs to apply for and obtain a study visa in order to do so. Study visas can be obtained for primary school (usually aged 7 up), high school as well as tertiary institutions. It is compulsory that these schools and tertiary institutions be registered with the Departments of Basic, Higher and Tertiary Education, unless these are private institutions. Some of the quintessential documents needed to be submitted with a study visa application are - a provisional acceptance letter from the institution with the relevant undertakings proof of registration with the relevant Department of Education proof of medical insurance for South Africa It is also important to note that study visa holders for a tertiary institution may conduct work related activities for 20 hours per week and for this purpose we recommend that a logbook be kept by the employer. You may not attend schooling or classes at the institution if the study visa is not granted yet. Speak to us regarding your study visa application and the compliance thereof. We can be reached on www.movingsouthimmigration.com. Alternatively, you can reach us on +2773 5357 534 or sue@movingsouthimmigration.com

If you are retirement age and wish to retire in beautiful South Africa, you may look at the option of a retirement visa. For this particular visa application, you need to submit proof that you have the right to a pension or irrevocable annuity or retirement in the amount of at least R37 000 per month. You may also submit proof that you have the right to a minimum prescribed net worth of this amount per month. Some of the quintessential documents to be submitted with a retirement visa application are - A confirmation from the pension authorities that you are entitled to a monthly pension of at least R37 000 per month; or A lease or tenancy agreement, proving that you receive a monthly rental of at least R37 000 per month Proof of ownership of the property being leased Bank statements, in your name, for the last 3 months proving that you are receiving the monthly R37 000 via means above Another inconsistent requirement amongst Embassies is that a Chartered Accountant (CA) must confirm this income per month as well. Very often, proof of lump sum in cash form may also be submitted (minimum net worth) to Embassies accepting this requirement. This means, proof that you have cash available for the full duration of the retirement visa (4 years) may be submitted by means of bank statements. You may also look at the option of permanent residency (PR) based on retirement, so you can enjoy this magnificent country all year round. Speak to us regarding your retirement visa application as we have assisted many clients with this category for the past 14 years. We can be reached on www.movingsouthimmigration.com. Alternatively, you can reach us on +2773 5357 534 or sue@movingsouthimmigration.com

The South African Immigration legislation allows for spouses of South African (SA) citizens or Permanent Residence (PR) holders to apply for a spousal visa, providing they are married OR in a proven life partnership of at least two (2) years. Immigration Directive No 07 of 2019 even allows for foreign spouses to change from a tourist visa to a spousal visa within South Africa, providing all legal requirements are met. Life-partners would need to submit an additional notarial agreement attesting they are in an exclusive relationship for at least two (2) years, share financial responsibilities and that neither party is part of an existing marriage or permanent homosexual or heterosexual relationship. It is important to establish when a spouse can conduct activities such as work, studies or have an own business on a spousal visa and therefore it is important to consult with an experienced and knowledgeable immigration consultant who will be able to advise on the nitty-gritty of a spousal visa application. It is also important to note that spouses of SA citizens or PR holders may apply for permanent residence after 5 years of marriage or 5 years of proven life partnership. For more information on spousal visa applications and the processes aligned with it, visit our website on www.movingsouthimmigration.com or contact us on +2773 5357 534 or sue@movingsouthimmigration.com

A warm welcome to Medical Professions On 02 August 2022, the Department of Home Affairs (DHA) published it’s updated Critical Skills list with a surprising addition of various medical professions. These additional changes were applauded and welcomed extensively by the public and medical professionals. These medical professions were divided into specialist categories, which leads to South Africa having more access to medical talents. A total of 39 new occupations have been added to the revised Critical Skills list with an extensive description of these occupations. We have also noticed that the term ‘Specialist’ was added to Nurse Educator, a term which was omitted on the previous Critical Skills list. These medical professionals are still expected and required to register with the relevant professional bodies eg. Nurses would be required to register with the Nursing Council of South Africa (NCSA) and medical doctors with the Health Professions Council of South Africa (HPCSA). Interestingly enough – in addition to the South African registration, these medical professionals will be required to have a valid registration in place with their relevant professional or regulatory bodies abroad as well. A requirement which was not in the previous skills list either. Other Critical Skills news Sadly, earlier this year, the following official Home Affairs communications have been withdrawn – Directive 22 of 2014 – This means that applicants now need to include a written confirmation of skills letter from the relevant professional body as part of their Critical Skills visa and PR applications. Previously, if a membership registration was in place, there was no need for a written confirmation of skills letter. Ministerial Waiver 2016 for Graduates from South African Tertiary Institutions in the area of Critical skills – A very unpopular decision made by Home Affairs. In essence, this means that foreign graduates who studied in South Africa towards a critical skill are no longer able to apply for permanent residence (PR) immediately. They would have to ensure that they have at least 5 years post-qualifications experience in order to qualify and apply for PR. Ministerial Waiver of 2005 - Exemption from the requirements of the Immigration Act and Regulations were given to expedite the issuance of work visas to newly recruited foreign health professionals. This is no longer possible. MIE for Permanent Residence (PR) applications An additional step for Permanent Residence based on Critical Skills was added by Home Affairs. Applicants, who submit applications referencing the required post qualification work experience, now need to include additional proof of ‘vetted’ work experience which must be verified by a reputable institution such as MIE or Sterling. As this process take several weeks to complete, applicants need to be aware that this will delay their applications to submit PR applications. Conclusion Although the Department is moving in the right direction to address the skills shortage crisis in South Africa, we are still acutely aware of the extensive and onerous processing times of professional bodies and every process before one can actually submit a Critical Skills work visa application. We remain hopeful, though, that these concerns will be considered in an urgent manner to ensure that South Africa obtains and retains these skills within our country. For more information about the Critical skills work visa and the processes aligned with it, visit our website on www.movingsouthimmigration.com or contact us on +2773 5357 534 or sue@movingsouthimmigration.com