Visitor’s permit
These permits are granted for purposes of holiday, study
and business for a period of less than 3 months, academic
sabbaticals, voluntary or charitable activities or research
in South Africa for a maximum period of 3 months upon entry.
This permit prohibits its holder to engage in work in South
Africa during its validity. Such permits may, however, be
extended within South Africa for 3 years at a time. Proof
of sufficient financial and repatriation means are essential
to entry and for extending such permit.
Study permit
These are issued to enable studying in South Africa for
periods in excess of 3 months at any institution in good
standing with the Department of Home Affairs. These institutions
include primary, secondary, tertiary educational institutions,
or any other bona fide institution of learning such as professional,
training, cultural, technical, research vocational, sportive,
language and entertainment institutions of learning. Although
study permits do not allow the holder to engage in employment
in South Africa, they do allow part-time work and practical
training related to the field of study of the holder.
Business permit
This permit is issued to allow employment with the business
enterprise owned or established in South Africa by the applicant
concerned. The minimum direct foreign capitalisation required
to be demonstrated by the applicant to acquire such permit
is 2.5 million rands, which is issued for a maximum duration
of 2 years (renewable). Business permit applications which
demonstrate strong skills or technology transfer or which
are considered to be in the national interest, for instance,
are usually approved despite the minimum capitalisation
requirement not being demonstrated.
Relative’s permit
This permit enables a foreign national who is a member of
the immediate family of a South African citizen or permanent
resident to take up residence in South Africa. Issued for
a maximum of 2 years, it may be renewed thereafter. This
permit does not allow its holder to take up employment in
South Africa and is granted only subject to a demonstration
that the South African relative is able to support the applicant
financially for the duration of the permit.
Work permit
Four types of work permits are available, depending on the
circumstances and intentions of the foreigner. These are:
A quota work permit is issued to a foreigner on the basis
that he falls within a specific prescribed quota category
published from time to time in the South African Government
Gazette and that the South African employer pays to the
Department of Home Affairs a training fee of 2% of the applicant’s
taxable remuneration. In terms of current regulations, a
quota work permit will have a validity for as long as the
employer continues to pay the training fee and submit on
a yearly basis accountant’s certification that the
applicant remains employed on the same terms and conditions.
No labour certification is necessary to obtain this type
of permit, but permanent residence cannot be obtained on
the fulfillment of quota work permit criteria.
A general work permit may be issued to any foreign national
who intends to take up employment in South Africa on the
basis of a contract of employment. While certain employment
positions are exempt from having to be advertised in the
national media (such as key managerial, specialised chef,
sports professional, religious worker positions), all applications
must be approved by the Department of Labour office in the
region where the applicant intends being employed. These
permits are issued for a maximum of 3 years at a time and
are renewable.
An exceptional skills or qualifications work permit is granted
on a showing that the applicant possesses such skills or
qualifications. Current regulations necessitate the applicant
to corroborate these facts by way of letters from foreign
or South African government bodies or from established South
African cultural, business or academic institutions. This
is the only work permit which does not restrict its holder
to any specific employer or enterprise.
Intra-company transfer work permits are granted to foreign
nationals who are employed abroad by a business operating
in South Africa through a branch, subsidiary or affiliate
relationship and by virtue of such employment abroad requires
to conduct work in South Africa for a period not exceeding
2 years. Such permit cannot be extended.
Retired person permit
This permit may be issued for 4 years at a time on the basis
of the applicant’s desire to take up retirement in
South Africa. While there is no minimum age requirement
to obtain such a permit, the applicant must demonstrate
a minimum pension entitlement of R20,000 per month for life
or a minimum net worth of 12 million rands producing a minimum
of 15,000 rands per month. These requirements as provided
for by regulation, may be adjusted from time to time. The
holder of such permit may work in South Africa if authorised
to do so by the Department of Home Affairs.
Corporate permit
A corporate permit is the only temporary work authorisation
granted not to a foreign employee, but to a corporate (that
is, a juristic) applicant established or doing business
in South Africa. This permit enables a corporate applicant
to employ a number of foreign nationals determined by the
Department of Home Affairs. Corporate permits are granted
subject to an assessment by the Department of the need by
the corporate applicant to employ foreigners, the number
of South Africans already employed by such applicant, the
training programme provided by the applicant for South African
employees and other factors prescribed from time to time.
Asylum permit
An asylum permit may be issued at a port of entry to any
foreign national determined to be a bona fide asylum seeker
for a period of 14 days to enable such person to report
to a Refugee Reception Office in South Africa.
This permit is issued to diplomats (inclusive of ambassadors,
ministers of foreign states, career diplomats, recognised
consular officers and representatives of international organisations)
Medical treatment permit
This permit may be issued to any foreign national for any
period in excess of 3 months to receive medical treatment
at a South African private or public hospital, health facility
or any other bona fide institution of treatment (including
health farms, old age homes, rehabilitation and detoxification
centres). Medical permits are issued for an indefinite period
as long as the permit holder continues to submit to the
Department prescribed certifications of financial means
and verification of continued treatment.
Foreign spouses and dependent children
Foreign spouses, including same sex and heterosexual life
partners, and dependent children of South African citizens
and permanent residents may obtain any of the aforementioned
temporary residence permits upon application. Persons in
these categories are exempt from permit application fees
and in the case of business, work and study permits do not
have to comply with the usual requirements. However, they
do have to comply with requirements relating to the verification
of the relationships establishing the exemption.
Exchange, Diplomatic, Treaty and Crew permits, and Cross-border
and transit passes are also issued for specific prescribed
purposes.
Information courtesy of Attorney's, Buchanan Boyes and
Immigration Lawyer, Gary
Eisenberg.
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