1. What happens if you overstay in South Africa and your permit is already expired?
2. When do I need to do a visa transfer?
Visa transfers apply to those who have lost their passport, if it was stolen or you have received a new passport for any reason.
In the event of your passport expiring, you will need to apply for a new passport and once issued with a new passport, only then can you submit an application for a visa transfer. You must apply for the transfer of your Visa if you receive a new passport.
The application can be submitted at your nearest VFS Centre (Visa Facilitation Services).
Documents needed for this process are the following:
o Certified copy of your old passport
o Certified copy of your current visa
o Certified copy of your new passport
If you are on a work visa, you may submit an additional document such as your confirmation of employment.
If your passport was stolen or lost you will need to go to your nearest police station (SAPS) to obtain an affidavit. Once you have received your new passport then you can apply for the transfer of your visa.
You will need to provide the following documents upon submission:
• Certified copy of your lost passport
• Certified copy of your current visa
• Certified copy of your new passport
• Affidavit from SAPS
If you do not have a copy of your current visa, please state in the affidavit that you don’t have any copies of your visa. Home Affairs will still be able to track your visa if you provide them with your passport copy.
3. May a foreigner change his/her status (purpose) of entry from within South Africa if he/she initially entered for a visit and then receives an offer of employment?
In terms of section 10(6) of the Immigration Act a foreigner may apply in the prescribed manner and on the prescribed form to change his or her status or the conditions attached to his or her temporary residence permit, or both such status and conditions, as the case may be, while in the Republic. However, in terms of regulation 6(3)(a)(iv) a person shall satisfy the immigration officer that he or she is not in contravention of the Act by producing a permit commensurate with the activities to be undertaken by him or her in the Republic. This implies that a foreigner who wishes to reside in the Republic on a temporary basis should enter the Republic with the appropriate temporary residence permit. Such a foreigner may only proceed to the Republic once his or her passport has been endorsed with the appropriate temporary residence permit.
4. May a foreigner who is the spouse/life partner of a South African citizen/permanent residence holder apply for a work visa/study visa or business visa from within the Republic?
Yes, a foreigner may apply for a change of status whilst inside the Republic and must submit his/her application at least 60 days prior to the date of expiry of his/her visa.
A visitor’s visa in terms of section 11(6) of the Immigration Act may be issued to a foreigner who is the spouse of a citizen or permanent resident and who does not qualify for any of the permits contemplated in sections 13 to 22: Provided that—
(a) such visa shall only be valid while the good faith spousal relationship exists,
(b) on application, the holder of such visa may be authorized to perform any of the activities provided for in the permits contemplated in sections 13 to 22; and
(c) the holder of such visa shall apply for permanent residence contemplated in section 26 (b) within three months from the date upon which he or she qualifies to be issued with that permit.
"Spouse" means a person who is party to a marriage, or a customary union, or to a permanent same-sex or heterosexual relationship which calls for cohabitation and mutual financial and emotional support.
5. I have obtained qualifications at a higher educational institution abroad. How do l go about to have them evaluated according to your requirements?
You may approach the South African Qualifications Authority in order to evaluate your qualifications at one of the following contact details.
Evaluation of Foreign Qualifications call centre:
(012) 431 5070
Helpdesk:
086 010 3188
Switchboard: (012) 431-5000
Fax: (012) 431 5039
Physical address:
SAQA House (formerly known as Hatfield Forum West)
1067 Arcadia Street, Hatfield
Pretoria
Postal Address:
Post net Suite 248
Private Bag X06
Waterkloof, 0145
For general enquires: saqainfo@saqa.org.za
For information regarding the Evaluation of Foreign Qualifications: ceeq@saqa.co.za
6. Does the Critical Skills Visa require a job offer?
No, applicants are allowed to search for employment opportunities in South Africa for a period of 12 months.
7. What happens if my occupation is not listed on the Critical Skills Occupation list?
If you're occupation has not been listed, then you do not qualify to apply for a Critical Skills Visa. Your best option would be to apply for an alternative South African work visa.
8. Can I apply for a Critical Skills Visa in South Africa, whilst using a visitor's visa?
No, all first time applicants must apply in their home country for a Critical Skills Visa, as the Department of Home Affairs will not accept applications from applicants who currently hold a visitor's visa or medical visa. Applicants who hold a valid South African work visa may apply for a change of status in South Africa.
9. Does the Critical Skills Visa tie me to a specific employer?
No, applicants will have the right to switch between employers just as long as they are employed under the same occupational category they qualified for.
10. Can family members join me in South Africa?
Yes, the principal applicant will have the option to add accompanying spouse dependents and accompanying dependents (Children). Children who are of school going age must apply for a study visa and accompanying spouse dependents will not be permitted to work whilst accompanying the principal applicant. Spouse dependents must qualify for a work visa in their own right should they wish to work in South Africa.
11. Are there additional requirements for minor children travelling to and from the Republic of South Africa?
Yes. Where both parents are travelling with a child, such parents must produce an unabridged birth certificate reflecting the particulars of the parents of the child.
In the case of one parent travelling with a child, the parent must produce:
- An unabridged birth certificate (An unabridged birth certificate is one that shows details of both parents’ names)
- Consent in the form of an affidavit from the other parent registered as a parent on the birth certificate of the child, such consent must authorise the him/her to to enter and depart South Africa with the child they are travelling with
- A court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent of guardian of the child, or
- Where applicable, a death certificate of the other parent registered as a parent of the child on the birth certificate
Where a person is travelling with a child who is not his or her biological child, he or she must produce:
- A copy of the unabridged birth certificate of the child
- An affidavit from the parents or legal guardian of the child confirming that he or she has permission to travel with the child;
- Copies of the identity documents or passports of the parents or legal guardian of the child; and
- The contact details of the parents or legal guardian of the child
Any unaccompanied minor shall produce to the immigration officer:
- In the case where one parent provides proof of consent, that parent must also provide a copy of a court order issued to him or her in terms of which he or she has been granted full parental responsibilities and rights in respect of the child;
- A letter from the person who is to receive the child in the Republic, containing his or her residential address and contact details in the Republic where the child will be residing;
- A copy of the identity document or valid passport and visa or permanent residence permit of the person who is to receive the child in the Republic; and
- The contact details of the parents or legal guardian of the child.
12. Duration of work visas?
Intra Company Transfer Work Visa – is granted for an initial maximum period of up to 4 years and cannot be renewed
Critical Skills Work Visa – is granted for an initial maximum period of up to 5 years and can be renewed
General Work Visa (Local Hire) – is granted for an initial maximum period of up to 5 years and can be renewed
Short Term Work (Visitor’s Visa, Section 11 (2)) is granted for a maximum duration of 3 months and can be renewed for a further 3 months in the Republic of South Africa with proper motivation.
13. Does the company keep any documents for the foreigner?
Immigration legislation state’s that a company must keep the following on record when employing foreigners in South Africa:
• Certified copies of passports, reflecting personal particulars.
• Copies of the visa or permit of each foreign employee.
• Proof of the capacity in which each foreigner is or was employed.
• Copies of IRP5 forms or certificates of earning and job descriptions.
Your responsibilities do not end when the foreign employee has left the company. You must keep records of the following for two years after a foreigner has left:
• The termination of the foreigner’s employment.
• Any breach by the foreigner of his or her status according to the Immigration Act/Regulations