Immigrating to South Africa? Then you need to make a note of the following rules that have changed and will be implemented soon. We all knew about the drama that has been going on for a while about the changes in the immigration rules, Govt has pulled the curtain down and passed these amendments recently in order to make a clear distinction between all kinds of visas and their time periods.
Well, it seems like the Department of Home Affairs (DOH) has given a contract to VFS to receive all
applications, but receiving applications until a certain period ( until further notice) for stability.
A brief of changed Immigration Rules:
1. Visa Status Changing while You are still in South Africa:
Time period for applying for an extension has been changed from 30 days prior to the expiry of the current visa to 60 days. According to New World Immigration, Home Affairs is already harried with visa applications that are pending to date and this new time period will wallop the time taken for approval process.
The new regulations also state that a person cannot change from a visitor’s visa into another type of visa and these applications for change of conditions must be made at a mission abroad - ie an embassy or consulate.
According to the old rules of immigration, it was possible to apply for a temporary residence permit whilst using a visitor's visa but the “new legislation” now prohibits any foreigner from applying for a temporary residence permit using a visitor’s visa.
Those who are using a visitor’s visa in South Africa would now need to leave and apply in their own country of residence.
If a person's visitor visa has expired, they would need to seek legal advice about exiting South Africa as immigration officials have been advised to ban any foreigners for overstaying - by making them an undesirable person for 1 year, 2 years or 5 years.
2. Life Partner and Spouse Visas
Initially, government wanted proof that spouses or life partners have been together for at least 5 years before an application for a permanent or temporary residency could be made. This has since been changed to 2 years. Life Partners will however need to attend an interview “on the same date and time to determine the authenticity of the existence of their relationship”.
Issues arise when changes or extensions have to be applied for - with certain applications only eligible if done from the person's original country of residence.
3. Business Visas
This visa sees a more forensic approach in the new application process. Businesses will now need to get a recommendation letter from the Department of Trade and Industry and business visas will only be granted for 3 years at a time.
4. Critical Skills Visa
The Quota and Exceptional skills work permits have been replaced by the Critical Skills permit but the list of Critical Skills has not been published.
5. Intra-Company Visas
The employee will need to be employed with the foreign office for no less than 6 months before being eligible for transfer to South Africa. The visa will now be available for 4 years.
6. Fines
There has also been a massive increase in the administrative fines to be issued to those who overstay and any other persons who are in contravention of the act. Also, if a visa has expired foreigners face a ban labelling them an undesirable person for 1 year, 2 years or 5 years.
Time period for applying for an extension has been changed from 30 days prior to the expiry of the current visa to 60 days. According to New World Immigration, Home Affairs is already harried with visa applications that are pending to date and this new time period will wallop the time taken for approval process.
The new regulations also state that a person cannot change from a visitor’s visa into another type of visa and these applications for change of conditions must be made at a mission abroad - ie an embassy or consulate.
According to the old rules of immigration, it was possible to apply for a temporary residence permit whilst using a visitor's visa but the “new legislation” now prohibits any foreigner from applying for a temporary residence permit using a visitor’s visa.
Those who are using a visitor’s visa in South Africa would now need to leave and apply in their own country of residence.
If a person's visitor visa has expired, they would need to seek legal advice about exiting South Africa as immigration officials have been advised to ban any foreigners for overstaying - by making them an undesirable person for 1 year, 2 years or 5 years.
2. Life Partner and Spouse Visas
Initially, government wanted proof that spouses or life partners have been together for at least 5 years before an application for a permanent or temporary residency could be made. This has since been changed to 2 years. Life Partners will however need to attend an interview “on the same date and time to determine the authenticity of the existence of their relationship”.
Issues arise when changes or extensions have to be applied for - with certain applications only eligible if done from the person's original country of residence.
3. Business Visas
This visa sees a more forensic approach in the new application process. Businesses will now need to get a recommendation letter from the Department of Trade and Industry and business visas will only be granted for 3 years at a time.
4. Critical Skills Visa
The Quota and Exceptional skills work permits have been replaced by the Critical Skills permit but the list of Critical Skills has not been published.
5. Intra-Company Visas
The employee will need to be employed with the foreign office for no less than 6 months before being eligible for transfer to South Africa. The visa will now be available for 4 years.
6. Fines
There has also been a massive increase in the administrative fines to be issued to those who overstay and any other persons who are in contravention of the act. Also, if a visa has expired foreigners face a ban labelling them an undesirable person for 1 year, 2 years or 5 years.
So, Foreigners of all professions, mainly and proudly pharmacists please keep in mind that you should never take a chance with your permit expiry.
Thank You
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