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 Consular Hours
(excl. public holidays)

Ottawa
15 Sussex Drive
Ottawa, Ontario
K1M 1M8
Mon to Fri: 08:00 AM - 12:00 PM
Appointments are required for the Commissioner of Oaths.
Toronto
110 Sheppard Ave East
Suite 600
Toronto, Ontario 
M2N 6Y8
Mon to Thu: 08:30 AM - 12:00 PM
• FOR VISAS AND PASSPORTS APPLICATIONS: WALK -IN Hours ARE 8.30-12.00 Mon- Thurs except holidays
• APPOINTMENTS ARE ONLY NECESSARY FOR PERMANENT RESIDENCE AND SPOUSAL VISA APPLICATION AS THAT REQUIRES SPECIAL APPOINTMENT WITH THE CONSUL IMMIGRATION TO MEET BOTH PARTNERS.

 

 


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FAQs
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Identity documents
Can I send someone to collect my ID book? Anyone other than the applicant coming to collect the ID book must bring his/her ID book and the acknowledgement of receipt slip obtained when the ID application was submitted. A driver’s license is not an acceptable form of identification. The collector will have to sign a register.
What are duplicates? These are cases where an identity number is issued to more than one person. Duplicates occur as a result of:
  • Fraud
  • Departmental errors
  • An applicant providing incorrect information during the application process.
The Department of Home Affairs has a special unit that investigates duplicates and during the investigation period the concerned ID number is blocked until the case has been resolved. Duplicates: Individual is deceased Should a deceased person be identified as a duplicate, their death can not be registered (as the ID number will be blocked) until the case investigation has been completed. Duplicates: Individual is alive Should a person who is still alive be registered as deceased due to the sharing of an ID number with a deceased person, their ID number will also be blocked, pending an investigation, as per above.

 

Travel Documents
What is a temporary passport A temporary passport is a travel document that is issued to South African citizens who wish to travel abroad urgently and can not get their permanent passports in time for their journey. It is issued on condition that an application for a permanent passport has already been submitted or is submitted at the same time as the request for a temporary passport. It is important to note that not all countries temporary passports as proper travel documents.

 

Citizenship
What is determination of citizenship? It is the establishment of whether an applicant for an identity document is a South African citizen or not. Determination of citizenship is applicable to people who were South African citizens before they decided to reside abroad, and now wish to resume their citizenship. It is also applies to people who want to claim South African citizenship. Applications can be made at any Home Affairs office at any South African embassy or mission abroad.
Who can apply for citizenship by naturalization? Someone who was not a South African national or citizen when he/she was born. There are certain requirements that must be met before citizenship is granted.
Who can apply for citizenship by descent? A person born outside of South Africa who has at least one parent who was a South African citizen at the time of birth. To qualify for citizenship by descent, the birth must be registered in South Africa.

 

Birth certificates
What is an abridged birth certificate? An abridged birth certificate is a certificate that only contains the details of the child being registered, whereas an unabridged certificate contains the full details of the child and his/her parents. An abridged birth certificate is issued free of charge upon the registration of a birth.
What is late registration of birth? It is the registration that takes place more than a year (1 year) after the child was born. For a late registration, there are different processes to be followed for a child older than 1 year but less than 15 years old and also for a child older than 15 years old.
Is a child born in South Africa to refugee or temporary permit holder parents a South African citizen? If both parents are refugees or temporary permit holders, then the child is not a South African citizen and the child will not be captured into the National Population Register (NPR). However, if one or both parents are permanent residence permit holders then the child is deemed to be a South African citizen.
Where can I register a birth that took place outside South Africa? If one of the parents was, or both parents were South African citizens at the time of the birth, then the parents must notify the nearest South African embassy or mission in the country where the birth took place.

 

Marriage
What is a civil marriage? A civil marriage is a marriage entered into in terms of the Marriage Act (No25 of 1961). This Act applies only to persons of the opposite sex who wish to enter into a marriage. Civil marriages are officiated by designated marriage officers who then issue abridged marriage certificates.
What is a customary marriage? A customary marriage is a marriage that is negotiated, celebrated or concluded according to any of the indigenous customary laws of South Africa. Such marriages must be reported to the Department of Home Affairs for registration in the NPR.
What is civil union? Civil unions cater for same sex marriages/partnerships. Same-sex marriages became legal in South Africa in 2006. Note: The Civil Union Act also caters for marriages/partnerships of heterosexual couples. Such marriages/partnerships must be reported to the Department of Home Affairs for registration in the NPR.
What is a religious marriage? A religious marriage is a marriage that is conducted by an officer of a religious denomination instead of a legally appointed marriage officer. The couple must register their marriage with the DHA and provide proof confirming that they are married. It can take up to a week to register a religious marriage.
What is a foreign marriage? This is a marriage that took place outside South African borders. Upon returning to South Africa the couple must present their foreign marriage certificate to the DHA so that the details of their marriage can be registered in the NPR.
What do I do if I discover that I am fraudulently married to someone that I do not know?

You must:

  • Complete an affidavit at a police station or get one from a Home Affairs office supervisor.
  • Complete form BI-9 (application for an ID document) and have a set of fingerprints taken
  • Present your ID book and also submit a copy thereof

It takes 3-6 months to investigate cases of fraudulent marriages.

What is a Letter of Impediment? This is a letter that confirms the marital status on a person. To be issued with one, you must submit a formal written request to the DHA. The issuing of a Letter of Impediment takes 3-6 weeks.
What is a Confirmation letter? This is a letter that confirms that a woman has reverted to her previous surname or has changed their surname to a double-barreled one. To be issued with one, you must submit a formal written request to the DHA. The issuing of a Confirmation letter takes 3-6 weeks.

 

Deaths
Why must a death be registered? A death needs to be registered so that it can be recorded in the NPR. Also, a burial can not take place until a burial order has been issued and this can only happen after the death has been registered. The only exceptions to this requirement are stillborn babies.
What is an Abridged Death certificate? It is a record of a person’s death and is issued free of charge upon the registration of the death.
What is an Unabridged Death certificate/Vault copy? An Unabridged (Full) Death certificate is a death certificate that contains full details of the death. A Vault Copy is a certified copy of the original record of death.

 

GENERAL
Where can I find the nearest DHA office? Please click here to locate your nearest DHA office
How can I find out what the progress on my document application is? Please click here to find out the status of your ID or Passport application (link to online status checking page)
How do I register as a DHA services supplier? Please click here to register as a DHA services upllier

 

Immigration Services

I wish to come to South Africa as an au pair. What are the requirements?

In terms of section 22(b) of the Immigration Act, 2002 (Act No. 13 of 2002), “ an exchange permit may be
issued by the Director-General to a foreigner who is under 25 years of age” 

Upon application the following documentation/information will be collected:
(a)  at the discretion of the Director-General, proof of a valid return air ticket, a deposit or written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary, respectively: Provided that in the case of a deposit, such deposit shall be refunded to the depositor after the final departure of the applicant or after a permit contemplated in section 25 of the Act has been issued to the applicant: Provided further that the payment of the deposit may be effected by means of a bank guaranteed cheque or credit card at places where such facility exists;
(b)  a yellow fever vaccination certificate if he or she travelled or intends travelling from or through a yellow fever endemic area: Provided that the certificate shall not be required where that person travelled or intends travelling in direct transit through such area or where an application is made in the Republic;
(c)  a police clearance certificate;
(d)  medical and radiological reports in respect of each applicant: Provided that a radiological report
shall not be required in respect of children under the age of 12 years or pregnant women;
(e)  the documentation relating to minor dependent children accompanying the applicant to or joining
the applicant in the Republic,
(f)  the documents relating to his or her marital status or spousal Relationship; and
(g)  an offer to conduct work for no longer than one year provided that the prospective employer 
certifies that the position exists, and has committed himself or herself to—
(i)  pay such foreigner remuneration which complies with applicable legal requirements;
(ii)  provide for the welfare and the needs of such foreigner while in the Republic under the aforesaid permit; and
(iii)  report to the Director-General the failure of the foreigner to comply with the terms of his or her permit or to depart when so required.

Such foreigner may not conduct work other than work for which the permit is issued and such foreigner
may not qualify for a permanent residence permit within two years after the expiry of the exchange permit,

which may be waived by the Director-General in extraordinary circumstances.
I wish to do freelance work as a journalist in South Africa. What are the requirements?

In terms of section 19(2) of the Immigration Act, a general work permit may be issued to a foreigner if the prospective employer,
(a)  satisfies the Director-General in the prescribed manner that the terms and conditions under which he or she intends to employ that foreigner, including salary and benefits, are not inferior to those prevailing in the relevant market segment for citizens, taking into account applicable collective bargaining agreements and other applicable standards; and
(b)  has agreed in writing to notify the Director-General when such foreigner is no longer employed or is employed in a different capacity or role”.

As a result of the above, freelance journalist will not be allowed to conduct work within the Republic in view of the fact that such journalist are unable to provide proof of an employment contract signed by both the employer and the applicant stipulating the conditions of employment as well as an undertaking by an employer to inform the Department should the applicant not comply with the Act or leave the employer.
May I do part-time work to pay for my studies in South Africa? No. A study permit may be issued to a foreigner intending to study in the Republic provided that the relevant institution certifies that it has received guarantees to its satisfaction that such foreigner’s tuition fees will be paid as well as received the prescribed guarantees that such foreigner will have sufficient means to support himself or herself while in the Republic.
I am studying in South Africa and require practical training as part of my studies. May I do this in South Africa and what are the requirements?

A foreign student studying in South Africa may do practical training in a field related to his/her studies, on submission of the following:
(a)  A letter from an educational institution registered with the Department of Education confirming that practical training is required to complete the intended study and before a diploma/degree can be obtained, as well as proof that the student will remain registered as a bona fide student for the duration of the period he/she will be doing practical training.
(b)  A letter from the prospective employer, offering practical training.
(c)  A passport valid for no less than 30 days after expiry of his/her intended stay in South Africa.

The local office of the Department may provide permission to a student to do his/her practical training by issuing a letter to this effect.
I wish to do part-time work and part-time studies

In terms of currently legislation only one of the temporary residence permits contemplated in sections 11

to 23 of the Immigration Act, 2002 (Act No. 13 of 2002), may be issued to a foreigner. However, a study permit holder may undertake part-time work for a period not exceeding 20 hours per week, if the permit holder is attending a higher education institution. This work may include temporary or full time work during the academic vacation periods. In appropriate cases, the holder of a study permit my be authorized to conduct work as practical training in a field related to that of his or her studies.
What are the requirements for a general work permit?

General work permit requirements as follows.

(a)  at the discretion of the Director-General, proof of a valid return air ticket, a deposit or a written
undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary, respectively: Provided that in the case of a deposit, such deposit shall be refunded to the depositor after the final departure of the applicant or after a permit contemplated in section 25 of the Act has been issued to the applicant: Provided further that the payment of the deposit may be effected by means of a bank guaranteed cheque or credit card at places where such facility exists,
(b)  yellow fever vaccination certificate if he or she travelled or intends travelling from or through a yellow fever endemic area: Provided that the certificate shall not be required where that person travelled or intends travelling in direct transit through such area or where an application is made in the Republic,
(c)  a police clearance certificate,
(d)  medical and radiological reports in respect of each applicant: Provided a radiological report shall not be required in respect of children under the age of 12 years or pregnant women,
(e)  the documentation relating to minor dependent children accompanying the applicant to or joining
the applicant in the Republic,
(f)  the documents relating to his or her marital status or spousal relationship,
(g)  a contract of employment stipulating the conditions of employment and signed by both the employer and the applicant,
(h)  proof of qualifications evaluated by the South African Qualifications Authority and translated by a sworn translator into one of the official languages of the Republic,
(i)  proof of experience and skills in line with the job offer,
(j)  a letter from the employer motivating why a citizen or permanent resident could not fill the position, as well as proof of efforts made to obtain the services of a citizen or resident, together with particulars of the unsuccessful candidates,
(k)  proof of publication of an advertisement in the national printed media,
(l)  an undertaking by the employer to inform the Director-General should the applicant not comply with the Act or leave the employer,
(m)  if required by law, proof of registration with the relevant professional body, council or board,
(n)  full particulars of the employer, including, if applicable, proof of registration of the business with the Registrar of Companies; and
(o)  a certificate from the Department of Labour or an extract from the database of a salary benchmarking organization stipulating the average salary earned by employees occupying similar positions in the Republic.

The advertisement shall be an original clipping from the national printed media and shall:
(a)  reflect the full particulars of the relevant newspaper or magazine, as well as the dates on which the advertisement was published,
(b)  stipulate the minimum qualifications and experience required to fill the position,
(c)  clearly define the position offered and the duties to be performed,
(d)  measure at least 60 millimeters by 60 millimeters,
(e)  state the closing date for the application in the advertisement; and

(f)  not be older than three months at the time of application, which period shall be calculated from the closing date for applications.
Where do I apply for a work / study! business permit?

An application made in a foreign country shall be submitted or mailed to:
(a)  the mission of the Republic in the country of the applicant’s normal residence, which includes permanent residence and long-term temporary residence,
(b)  the mission of the Republic in the country of which the applicant holds a valid passport; or
(c)  any mission of the Republic that may from time to time be designated by the Director-General to receive applications in respect of an adjoining or nearby foreign country in which a mission of the Republic is not present.

(d)  an application made within the Republic shall be submitted or mailed to the designated office of the Department in the area in which the applicant intends to work or study or, in respect of any permit for purposes other than work or study, where he or she sojourns.
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.
May a foreigner who is the spouse/life partner of a South African citizen/permanent residence holder apply for a work permit/study permit or business permit 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 30 days prior to the date of expiry of his/her permit.

A visitor’s permit 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 permit shall only be valid while the good faith spousal relationship exists,
(b) on application, the holder of such permit 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 permit 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.
 am the foreign spouse/life partner of a South African citizen/permanent resident. I have the intension to apply for permanent residence. but wish to enter the country in the meantime. On what kind of permit may l enter the country? In terms of section 18(1) of the Immigration Act, 2002 (Act No 13 of 2002) a foreign spouse/life partner/child of a South African citizen/permanent residence must apply for a relative's permit. The holder of a relative’s permit may not conduct work.
What documentation/information must be submitted?

In the case of a relationship between a foreigner and a citizen or permanent resident, irrespective of where the relationship was concluded the following documentation shall be submitted:
An affidavit signed by both parties attesting;
(a)  to the exclusion of any other person to the spousal relationship,
(b)  that neither of the parties is at the relevant time a partner to a marriage,
(c)  by proving a legal divorce or the death of a spouse in the event of a preceding marriage,
(d)  documentation proving cohabitation and the extent to which the related financial responsibilities are shared by the parties,
(e)  a police clearance certificate,
(f)  medical and radiological reports in respect of each applicant: Provided that a radiological report shall not be required in respect of children under the age of 12 years or pregnant women,
(g)  make a deposit, except in the case of a spouse or dependent minor child: Provided that such deposit shall be refunded to the depositor after the final departure of the applicant or after a permit
contemplated in section 25 of the Act has been issued to the applicant: Provided further that the
payment of the deposit may be effected by means of a bank guaranteed cheque or credit card at
places where such facility exists; and
(h)  prove kinship between the applicant and the citizen or permanent resident contemplated in section 18(1) of the Act by submitting unabridged birth certificates.

A relative’s permit may be issued for a maximum period of two years. The financial assurance  to the amount of R5 000 per person per month shall be proven by means of a salary advice or bank statement: Provided that the financial assurance shall not be applicable where the applicant is a spouse or dependent minor child.
I am currently on a valid visitor's permit to accompany my husband who is employed in South Africa for the next 3 years. May I start my own business/accept 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, a foreigner who is in the Republic and applies for a change of status or conditions relating to his or her temporary residence permit, or for an extension of the period for which the permit was issued, shall submit his or her application at least 30 days prior to the date of expiry of that permit.
I wish to tour South Africa for 8 months. May l accept employment to finance my visit? No. A visitor’s permit may only be issued in respect of a foreigner provided such foreigner provides the financial or other guarantees as prescribed for.  A visitor’s permit may furthermore not exceed three months and upon application may be renewed for a further period which shall not exceed three months. You will therefore only be allowed to tour South Africa for a period not exceeding 6 months.
What are the requirements to participate in South African cultural/social/economic exchange programmes?

In terms of section 22(a) of the Immigration Act, 2002 (Act No. 13 of 2002) “an exchange permit may be issued by the Director-General to a foreigner participating in a programme of cultural, economic or social exchange, organized or administered by an organ of state or a learning institution, in conjunction with a learning institution or an organ of a foreign state”.

Upon application the following documentation/information will be collected:
(a)            at the discretion of the Director-General, proof of a valid return air ticket, a deposit or written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary, respectively: Provided that in the case of a deposit, such deposit shall be refunded to the depositor after the final departure of the applicant or after a permit contemplated in section 25 of the Act has been issued to the applicant: Provided further that the payment of the deposit may be effected by means of a bank guaranteed cheque or credit card at places where such facility exists;
(b)            a yellow fever vaccination certificate if he or she travelled or intends travelling from or through a yellow fever endemic area: Provided that the certificate shall not be required where that person travelled or intends travelling in direct transit through such area or where an application is made in the Republic;
(c)            a police clearance certificate;
(d)            medical and radiological reports in respect of each applicant: Provided that a radiological report
shall not be required in respect of children under the age of 12 years or pregnant women;
(e)            the documentation relating to minor dependent children accompanying the applicant to or joining
the applicant in the Republic,
(f)            a letter from the Department of Education or a learning institution in the Republic confirming that it is responsible for organizing or administering the existence of the programme, outlining the
activities and duration thereof and accepting full responsibility for the student while he or she is in
the Republic,
(g)            and  the organ or learning institution of the foreign state confirming the particulars of the student,
            the student’s enrolment with a learning institution abroad, and the date on which the study shall
            commence; and
(h)            in the case of an organ of state in conjunction with a foreign learning institution or an organ of a
            foreign state organizing or administering the programme, submit a letter from—
(i)            the organ of state confirming the existence of the exchange programme; or
(j)            the foreign learning institution confirming the enrolment of the applicant or a letter from the organ of the foreign state conducting the programme, as the case may be.

A foreigner who obtained an exchange permit for South Africa may not qualify for a status within the Republic for a period of one year and proof shall be provided of physical presence in his or her foreign country or of domicile outside the Republic. The above shall apply to all cultural, economic and social exchange programmes.
May I operate as a tour guide. if I entered South Africa as a tour leader? No, you may not operate as a tour guide in South Africa if you initially entered the country as a tour leader. To operate as a tour guide in South Africa, you must be in possession of South African qualifications as a tour guide and apart from obtaining registration as a tour guide, you will be required in terms of section 19(2) of the Immigration Act, 2002 (Act No 13 of 2002) to be in possession of a general work permit prior to taking up employment in South Africa.
How can I start a business in South Africa?

In terms of section 15 of the Immigration Act, read with regulation 12 of the Immigration Regulations, “a business permit may be issued by the Director-General to a foreigner intending to establish or invest in, or who has established or invested in a business in the Republic in which he or she may be employed, and an appropriate permit for the duration of the business permit to the members of such foreigner’s immediate family”.

Business permit requirements as follows.
(a)            a police clearance certificate,
(b)            a yellow fever vaccination certificate if he or she travelled or intends travelling from or through a
yellow fever endemic area: Provided that the certificate shall not be required where that person travelled or intends travelling in direct transit through such area or where an application is made in the Republic,
 (c)             a deposit: Provided that such deposit shall be refunded to the depositor after the final departure of the applicant or after a permit contemplated in section 25 of the Act has been issued to the applicant: Provided further that the payment of the deposit may be effected by means of a bank guaranteed cheque or credit card at places where such facility exists,
(d)            medical and radiological reports in respect of each applicant: Provided that a radiological report shall not be required in respect of children under the age of 12 years or pregnant women;
(e)            in the case of a spouse accompanying him or her to or joining him or her in the Republic, the
following documentation shall be submitted:
(i) a marriage certificate in the case of a married applicant,
(ii) proof of a spousal relationship,
(iii) a death certificate in the case of a widowed applicant,
(iv) a decree of divorce in the case of a divorced applicant; or
(v) proof of legal separation in the case of a separated applicant.
(f)             an affidavit, confirming any spousal relationship of the applicant and the particulars of any
            children born of such relationship,
(g)            in the case of a minor child accompanying him or her or joining him or her in the Republic, the following documentation shall be submitted
(i) an unabridged birth certificate;
(ii) in the case of an adopted minor, proof of that adoption;
(iii) in the case of a minor subject to guardianship or custody, proof of such guardianship and custody; or
(iv) in the case of an unaccompanied minor, consent from the guardian;
    (h)                        certificate issued by a chartered accountant registered with the South African Institute of Chartered  Accountants to the effect that -
  (i) at least R2,5 million in cash;
 (ii) a capital contribution of at least R2,5 million; or
(iii) at least R2 million in cash and a capital contribution of at least R500 000, originating from
                 abroad, is available to be invested as part of the book value of the business,
            (i)     a business plan outlining the feasibility of the business, both in the short and long term,
            (j)            proof or an undertaking that at least five citizens or permanent residents shall be permanently employed,
            (k)                        an undertaking to register with the South African Revenue Service,
(l)            proof of registration with the relevant body, board or council, if applicable,

The capitalization requirement may be reduced or waived in respect of the following businesses:
(a) Information and Communication Technology;
(b) clothing and textile manufacturing;
(c) chemicals and bio-technology industry;
(d) agro-processing industry;
(e) metals and minerals refinement industry;
(f) automotive manufacturing industry;
(g) tourism industry; and
(h) crafts.

A foreigner who invests or has invested in an existing business shall, in addition to complying with the above mentioned requirements, submit financial statements of the business within 24 months of the issuance of the permit, and within every two years thereafter.

A foreigner who invests or has invested in an existing business as a partner shall, in addition to complying with above mentioned requirements,  submit
(a) financial statements in respect of the preceding financial year; and

(b) a partnership agreement.
May I extend my visitor's permit whilst in South Africa? Yes, you may. A visitor’s permit may not exceed three months and upon application may be renewed by the Department for a further period which shall not exceed three months.
I bought a house in Cape Town and intend to visit South Africa for 8 months every year. Is this possible and what are the procedures for a permit?

In terms section 20(3)(a) of the Immigration Act, read with regulation 17 of the Immigration Regulations, a retired person permit may allow its holder to sojourn in the Republic on a seasonal or continuous basis; however such a permit may not exceed a four-year period, at the expiry of which it may be renewed one or more times.

Retired person permit requirements as follows:
(a) pay a deposit: Provided that such deposit shall be refunded to the depositor after the final departure of the applicant or after a permit contemplated in section 25 of the Act has been issued to the applicant: Provided further that the payment of the deposit may be effected by means of a bank guaranteed cheque or credit card at places where such facility exists,
(b) submit a yellow fever vaccination certificate if he or she travelled or intends travelling from or through a yellow fever endemic area: Provided that the certificate shall not be required where that person travelled or intends travelling in direct transit through such area or where an application is made in the Republic,
(c) submit a police clearance certificate and medical and radiological reports: Provided that a radiological report shall not be required in respect of children under the age of 12 years or pregnant women,
(d) such a foreigner shall provide proof that such foreigner has—
(i) the right to a pension or an irrevocable annuity or retirement account which will give such
 foreigner an amount of R20 000 per month for the rest of his or her life from the country of his
 or  her origin; or
(ii) a minimum net worth amount of R20 000 per months.

The Director-General may authorize the holder of a retired person permit to conduct work under terms and conditions as the Director-General may deem fit to determine under the circumstances.

I secured a job in South Africa and intend to apply for a work permit. However.

I am taking care of my elderly mother and would like to know for which permit she will have to apply.
Current legislation provides for your mother to apply for a visitor’s permit  in terms of section 11(1)(b)(i) of the Immigration Act only. The said permit may not exceed three months and upon application may be renewed by the Department for a further period which shall not exceed three months. 
I accepted employment in South Africa for 5 years and wish to bring our nanny with. What are the requirements?

A general work permit in terms of section 19(2) of the Immigration Act, 2002 (Act No 13 of 2002), may only be issued if the prospective employer “satisfies the Director-General in the manner prescribed that despite diligent search he or she has been unable to employ a person in the Republic with qualifications or skills and experience equivalent to those of the applicant.”

In view of the current unemployment among South African citizens/Permanent Residence holders, these numbers are still escalating each year and pressure is being exerted on the Department to grant work permits only after the labour market has been tested to ensure proper exploitation of the said market.

The Department is therefore of the opinion that South African citizens/Permanent Resident holders should first and foremost be afforded the opportunity to be employed in the South African labour market prior the issuance of a general work permit to a foreigner.

What are the professional categories or specific occupational classes that are considered as national scares and critical skills in South Africa should a foreigner intend to apply for a quota work permit. The specific professional category or a specific occupational class are determined by the Minister at least annually by notice in the Gazette after consultation with the Ministers of Labour and Trade and Industry, and as long as the number of work permits so issued for such category or class does not exceed the quota determined in the notice. Please view the latest Government Notice list, number 29826, published on the 25th of April 2007.
How can I be sure that the repatriation undertaking of the company/institution where I am to be employed/where I will be studying will be sufficient? Can I be exempted from paying a repatriation deposit?

In the case of employment - at the discretion of the Director-General, proof of a valid return air ticket, a deposit or a written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary, respectively: Provided that in the case of a deposit, such deposit shall be refunded to the depositor after the final departure of the applicant or after a permit contemplated in section 25 of the Act has been issued to the applicant: Provided further that the payment of the deposit may be effected by means of a bank guaranteed cheque or credit card at places where such facility exists.

In the case of studies – In terms of section 13(1)(b)(ii) and (iii), a study permit may be issued to a foreigner intending to study in the Republic for longer than three months provided that such institution certifies that it has received guarantees to its satisfaction that such foreigner’s tuition fees will be paid and has received the prescribed guarantees that such foreigner will have sufficient means to support himself or herself while in the Republic.
No provision exists in current legislation for the waiving of stipulations contained in the
Immigration Act, 2002 (Act No 13 of 2002). Therefore NO extenuating circumstances may be granted by the Department. 

If such a payment has not been made to the Department or in the case where the applicant is not in possession of the original receipt, the waiving of the deportation fee may unfortunately not be considered if such a foreigner can not provide proof of a fixed employer or income. Such a foreigner may be regarded as a possible liability to become a burden to the State and ultimately be declared an undesirable person.
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 Autority 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
Should any chartered accountant prepare the requested certificates/audits, or should any particular chartered accountant as indicated by the Department of Home Affairs do so? Current legislation provides for a certificate issued by a chartered accountant registered with the South African Institute of Chartered Accountants as prescribed for in regulation 12 of the Immigration Regulations only for a business permit.
Where can l find information about the Department of Labour which according to your requirements must be approached when I wish to apply for a work permit?

You may approach the Department of Labour at one of the following contact details.

Website:
www.labour.gov.za
E-mail:
webmaster@labour.gov.za
Postal Address:
Private Bag X117
PRETORIA
0001
Physical Address:
Laboria House
215 Schoeman Street
PRETORIA
Tel:  (012) 309 4000 / 5000

Fax:  (012) 320 2059
How long before my current permit expires, should l apply for an extension?

A foreigner who is in the Republic and applies for a change of status or conditions relating to his or her temporary residence permit, or for an extension of the period for which the permit was issued, shall submit his or her application at least 30 days prior to the date of expiry of that permit: Provided that (a) in the case of a permit issued for less than 30 days ; or (b) where such foreigner failed to comply with this sub regulation, the application shall only be accepted within the validity period of the permit and

upon the foreigner having demonstrated to the satisfaction of the Director-General that good cause exists for acceptance of the late application.
Due to unforeseen circumstances. 1 have just realized that my work permit has expired 3 days ago. May I have it extended?

Any illegal foreigner shall depart, unless authorized by the Director-General in the prescribed manner to remain in the Republic pending his or her application for a status.

However, upon requesting authorization as indicated above, an illegal foreigner who has neither been arrested for the purpose of deportation nor ordered to depart and who wishes to apply for a status after the date of expiry of his or her permit, shall -
(a)            demonstrate to the satisfaction of the Director-General that he or she was unable to apply for such status for reasons beyond his or her control

(b)            submit proof to the Director-General that he or she is in a position to submit his or her application for a status.
Where to I submit my application for an extension of my permit? An application made within the Republic shall be submitted or mailed to the designated office of the Department in the area in which the applicant intends to work or study or, in respect of any permit for purposes other than work or study, where he or she sojourns. An applicant is not required to submit documentation that is already in the possession of the Department and which can be retrieved or copied from the records of the Department.
If I am on a visitor's permit in South Africa will I require a re-entry permit if 1 visit Botswana or any other neighbouring country and return to South Africa?

A person, other than a resident from a country with which the Republic shares a border, shall upon his or her re-admission to the Republic be admitted on the same permit, and where such a permit has expired, may be admitted on a new permit valid for a period not exceeding seven days: Provided that where that foreigner arrives at a port of entry from his or her country of residence, the new permit may be issued for a

period not exceeding the period attached to the visa exemption.
If I am on a valid work permit and I have to travel abroad, do I require a re-entry visa? No, you do not require a re-entry visa. Upon re-admission to the Republic you shall be admitted to the Republic on the same valid permit.
Must I pay a deposit if f request an extension of my visitor's permit?

If a need exist for the renewal of a temporary residence permit, a foreigner may approach the nearest Regional Office from where the applicant is working or residing in order to apply for the renewal of his/her temporary residence permit, and such a foreigner is not required to make a deportation fee payment to the Department if he/she can produce the original receipt that was issued to him/her that the payment had already been made to the Department. The amount paid to the Department, shall be refunded to the applicant after his/her final departure from the Republic or after a permanent residence permit in terms of section 25 of the said Act had been issued to the applicant.

If such a payment has not been made to the Department or in the case where the applicant is not in possession of the original receipt, the waiving of the deportation fee may unfortunately not be considered if such a foreigner can not provide proof of a fixed employer or income. Such a foreigner may be regarded as a possible liability to become a burden to the State and ultimately be declared an undesirable person.
How do I get hold of a chartered accountant?

You may contact Mr. Freddie Cloete at the Southern African Institute of Charted Accountants (SAICA) for further information, or alternatively you may contact SAICA as listed below.

Contact details (SAICA)
Website:
www.saica.co.za
Physical Address:
7 Zulberg Close
Bruma Lake
2198
Postal Address:
P O Box 59875
Kengray
2100
Local tel: 08610 SAICA (72422)
International:  +27 11 621 6600
Contact numbers – Regions:
Central Region (051) 444-3674
Eastern Region (031) 266 2672/3
Northern Region (011) 621-6600

Southern Region (021) 423-3938
If a child is a registered pupil in grade 0 (pre-school) in a primary school registered with the Department of Education, does he/she need to have a study permit? Yes, a study permit may be issued to such a child intending to study at a school in the Republic for longer than three months. Such a permit shall not be valid for a period exceeding three years; however, upon application it may be extended for a further period.
My wife and I are retired and have bought property in the Republic. We wish to visit the RSA on a seasonal basis. Will the amounts mentioned in the retired persons permit category be per person or per household? In terms section 20(3)(a) of the Immigration Act, read with regulation 17 of the Immigration Regulations, a retired person permit may allow its holder to sojourn in the Republic on a seasonal or continuous basis; however such a permit may not exceed a four-year period, at the expiry of which it may be renewed one or more times. However, section 20 as well as section 10(2) of the Immigration Act only provides for a foreigner to obtain a temporary residence permit and such foreigner shall comply with the prescribed requirements as stipulated in the Immigration Regulations.
What is the purpose of a corporate permit and who may apply for the said permit? A corporate permit may be issued by the Department  to a corporate applicant to employ a number of foreigners (corporate workers) who may conduct work for such corporate applicant. The corporate applicant is a juristic person established under the laws of the Republic or of a foreign country which conducts business, not-for-gain, agricultural or commercial activities within the Republic and which applies for a corporate permit.
What are the advantages of recruiting foreign workers in terms of a corporate permit instead of in terms of a general or quota work permit?

For a general or quota work permit application, a processing fee is payable by the applicant seeking employment. Mineworkers seeking employment in terms of ILO conventions and seasonal farm labourers employed in terms of a corporate permit, do not complete an application form and therefore, do not pay an application processing fee. They are issued with work permits free of charge at designated ports of entry on admission, thus also saving time and effort by not having to report to a Home Affairs regional office for a permit.

As the corporate permit holder has already satisfied the relevant departments that it has been unable to recruit persons in the Republic with qualifications and/or skills equivalent, such an application may be processed sooner.
What requirements must a corporate worker, other than mineworkers and seasonal farm labourers, comply with? In the case of all corporate workers other than mineworkers and seasonal farm labourers, the regional office shall, on approval of the corporate application, issue the applicant with a corporate permit (BI-1718) as well as a number of BI-1738 application forms equal to the number of foreign nationals approved for recruitment/employment. On recruitment of the workers required, the corporate pen-nit holder shall ensure that a duly completed BI-1738 application form in respect of each worker is completed, attach the documentation prescribed in terms of regulation 18 thereto and submit it to the regional office which approved its corporate permit The relevant regional office will on approval of each application, complete a corporate worker authorization certificate for each approved corporate worker application and hand it to the corporate permit holder who in turn will send the certificate to the relevant approved applicant abroad. On receipt thereof, the applicant will approach the mission for a corporate worker permit.
What is the purpose of an Intra-company transfer and what are the requirements?

An intra-company transfer work permit may be issued by the Department to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic.

The following documentation shall be submitted/collected when an intra-company transfer work permit is applied for.

(a)  at the discretion of the Director-General, proof of a valid return air ticket, a deposit or a written
undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary, respectively: Provided that in the case of a deposit, such deposit shall be refunded to the depositor after the final departure of the applicant or after a permit contemplated in section 25 of the Act has been issued to the applicant: Provided further that the payment of the deposit may be effected by means of a bank guaranteed cheque or credit card at places where such facility exists,
(b)  yellow fever vaccination certificate if he or she travelled or intends travelling from or through a yellow fever endemic area: Provided that the certificate shall not be required where that person travelled or intends travelling in direct transit through such area or where an application is made in the Republic,
(c)  a police clearance certificate,
(d)  medical and radiological reports in respect of each applicant: Provided a radiological report shall not be required in respect of children under the age of 12 years or pregnant women,
(e)  the documentation relating to minor dependent children accompanying the applicant to or joining
the applicant in the Republic,
(f)  the documents relating to his or her marital status or spousal relationship,
(g)  the foreigner’s contract of employment with the company abroad; and
(h)  a letter from the company abroad confirming that that foreigner shall be transferred to a branch of that company or an affiliated company situated in South Africa; and
(i)  the South African company confirming the transfer of the foreigner as well as specifying the occupation and capacity in which that foreigner shall be employed,
(j)  the relevant employer shall ensure that the passport of the foreigner is valid at all times; and
(k)  the foreigner is only employed in the specific position for which the permit has been issued; and

the foreigner departs from the Republic on completion of his or her tour of duty.
 

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