http://www.dirco.gov.za/consular/index.html
Visa Requirements
General work Visa
- An applicant for a general work visa shall submit
- 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;
- a police clearance certificate
- The employer shall ensure that the passport of his or her employee is valid at all times for the duration of his or her employment.
- An application for a general work visa shall be accompanied by-
- a certificate from the Department of Labour confirming that-
- despite a diligent search, the prospective employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experience equivalent to those of the applicant;
- the applicant has qualifications or proven skills and experience in line with the job offer;
- the salary and benefits of the applicant are not inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the Republic;
- the contract of employment stipulating the conditions of employment and signed by both the employer and the applicant is in line with the labour standards in the Republic and is made conditional upon the general work visa being approved;
- proof of qualifications evaluated by SAQA and translated by a sworn translator into one of the official languages of the Republic;
- full particulars of the employer, including, where applicable, proof of registration of the business with the Commission on Intellectual Property and Companies (CIPC);
- Latest Tax Clearance Certificate of the company in the Republic.
- an undertaking by the employer to inform the Director-General should the applicant not comply with the provisions of the Act or conditions of the visa;
- an undertaking by the employer to inform the Director-General upon the employee no longer being in the employ of such employer or when he or she is employed in a different capacity or role.
- A general work visa shall be issued for a period not exceeding five years.
- Application fee 2390 EGP
Corporate Visa
General Requirements
- Fully completed application form(DHA-1738) www.dha.gov.za)
- A full medical certificate
- Valid passport which expires in no less than 30 days after expiry of the intended date of departure from the Republic.
- Two passport photos.
- Police clearance certificates in respect of applicants 18 years and older, in respect of all countries where person resided one year or longer since having attained the age of 18
Specific Requirements
- An application for a corporate visa shall be accompanied by-
(a) proof of the need to employ the requested number of foreigners;
(b) a certificate by the Department of Labour confirming-
(i) that despite diligent search, the corporate applicant was unable to find suitable citizens or permanent residents to occupy the position available in the corporate entity;
(ii) the job description and proposed remuneration in respect of each foreigner;
(iii) that the salary and benefits of any foreigner employed by the corporate applicant shall not be inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the Republic;
(c) proof of registration of the corporation with the-
(i) South African Revenue Service;
(ii) Unemployment Insurance Fund;
(iii) Compensation Fund for Occupational Injuries and Diseases;
(iv) Companies and Intellectual Properties Commission (CIPC), where legally required;
(d) an undertaking by the employer to inform the Director-General should any foreign employee not comply with the provisions of the Act or visa conditions or is no longer in the employ of such employer or is employed in a different capacity or role;
(e) a written undertaking by the corporate applicant to pay the deportation costs of any foreign employee accepting responsibility for the return costs related to the deportation of the foreign employee, should it be necessary.
- The applicant for a corporate visa must provide proof that at least 60% of the total staff complement that are employed in the operations of the business are citizens or permanent residents employed permanently in various positions.
- At any time during the duration of the visa, the holder of a corporate visa must provide proof that at least 60% of the total staff complement that are employed in the operations of the business are citizens or permanent residents employed permanently in various positions.
- The departments contemplated in section 21(2) of the Act are-
(a) the Department of Trade and Industry;
(b) the Department of Labour.
- The relevant corporate applicant shall, as contemplated in section 21(2)(a)(i) of the Act, ensure that-
(a) the passport of the foreigner is valid at all times;
(b) the foreigner is employed by the corporate applicant to conduct work for the corporate applicant only in the specific position for which the visa has been issued;
(c) such foreigner departs from the Republic upon completion of his or her contract of employment;
(d) any foreigner employed in terms of the corporate visa at all times complies with the-
(i) provisions of the Act;
(ii) terms and conditions of the corporate visa and of the corporate work certificate;
(e) the Director-General is immediately notified if there is reason to believe that the foreigner is no longer in compliance with the provisions of the Act;
(f) the financial guarantees by the corporate applicant to defray deportation and other costs should the corporate visa be withdrawn, or certain foreigners fail to leave the Republic when no longer subject to the corporate visa, are complied with.
- In order to comply with sub-regulation (5)(c), the corporate applicant shall return the completed certificate contemplated in sub-regulation (5)(d) to the Director-General, within a period of 30 days after the termination date of the corporate worker's employment contract.
- The financial guarantees contemplated in section 21(2)(b) of the Act shall be as determined from time to time by the Minister by notice in the Gazette.
- The Director-General may issue to the corporate applicant-
(a) a corporate visa for a period not exceeding three years
(b) authorisation certificates to employ corporate workers, in terms of the corporate visa contemplated in paragraph (a), for a period not exceeding the validity period of the corporate visa.
- An application for a corporate worker certificate shall be accompanied by-
(a) a valid passport of the applicant;
(b) biometrics of the applicant;
(c) the certificate contemplated in sub-regulation (8)(b);
(d) a valid employment contract;
(e) a written undertaking by the corporate applicant to ensure that the foreigner departs from the Republic upon termination of his or her contract of employment or accepting responsibility for the return or costs related to the deportation of the foreigner should it
become necessary;
(f) the documentation contemplated in regulation 9(1)(b), (c) and (f);
(g) proof of qualifications evaluated by SAQA, and translated by a sworn translator into one of the official languages of the Republic, or skills and experience in line with the job offer;
(h) a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act.
- The Director-General may issue to the corporate worker employed by the holder of a corporate visa contemplated in sub-regulation (8) a corporate worker certificate for a period not exceeding the validity period of the corporate visa.
- A corporate worker may not renew his or her corporate worker certificate or apply for a change of status in the Republic.
- Application fee 2390 EGP
Critical Skills Work Visa
- An applicant for a critical skills work visa shall submit-
- 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;
- a police clearance certificate.
- The employer shall ensure that the passport of his or her employee is valid at all times for the duration of his or her employment.
- An application for a critical skills work visa shall be accompanied by proof that the applicant falls within the critical skills category in the form of –
(a) a confirmation, in writing, from the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, or any relevant government Department confirming the skills or qualifications of the applicant and appropriate post qualification experience
(b) if required by law, proof of application for a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act;
(c) proof of evaluation of the foreign qualification by SAQA and translated by a sworn translator into one of the official languages of the Republic.
- Proof of registration of the company in the Republic with Companies and Intellectual properties Commission (CIPC).
- Latest Tax Clearance Certificate of the company in the Republic.
- A critical skills work visa shall be issued for a period not exceeding five years.
- Application fee 2390 EGP
General Work Visa
- Fully completed application form(DHA-1738)
- A full medical certificate
- Valid passport which expires in no less than 30 days after expiry of the intended date of departure from the Republic.
- Two passport photos.
- Police clearance certificates in respect of applicants 18 years and older, in respect of all countries where person resided one year or longer since having attained the age of 18
- An applicant for a general work visa shall submit-
(a) 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;
(b) a police clearance certificate.
- The employer shall ensure that the passport of his or her employee is valid at all times for the duration of his or her employment.
- An application for a general work visa shall be accompanied by-
(a) a certificate from the Department of Labour confirming that-
(i) despite a diligent search, the prospective employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experience equivalent to those of the applicant;
(ii) the applicant has qualifications or proven skills and experience in line with the job offer;
(iii) the salary and benefits of the applicant are not inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the Republic;
(iv) the contract of employment stipulating the conditions of employment and signed by both the employer and the applicant is in line with the labour standards in the Republic and is made conditional upon the general work visa being approved;
(b) proof of qualifications evaluated by SAQA and translated by a sworn translator into one of the official languages of the Republic;
(c) full particulars of the employer, including, where applicable, proof of registration of the business with the Commission on Intellectual Property and Companies (CIPC);
(d) Latest Tax Clearance Certificate of the company in the Republic.
(e) an undertaking by the employer to inform the Director-General should the applicant not comply with the provisions of the Act or conditions of the visa;
(f) an undertaking by the employer to inform the Director-General upon the employee no longer being in the employ of such employer or when he or she is employed in a different capacity or role.
- A general work visa shall be issued for a period not exceeding five years.
- Application fee 2390 EGP
Relative’s Visa
- An applicant for a relative's visa shall submit-
- a police clearance certificate;
- proof of kinship, within the second step, between the applicant and the citizen or permanent resident as contemplated in section 18(1) of the Act in the form of-
- an unabridged birth certificate;
- where necessary, paternity test results
- The financial assurance contemplated in section 18(1) of the Act shall be an amount, per person and per month, as determined from time to time by the Minister by notice in the Gazette, to be proven by means of a current salary advice or a certified bank statement not older than three months at the time of application: Provided that the financial assurance shall not be required where the South African citizen or permanent resident is a dependent child.
- A relative’s visa may be issued for a maximum period of two years at a time.
Application fee (application fee exempted for spouse and children of citizen or permanent resident.
Retired Person Visa
- An application for a retired person visa shall be accompanied by a police clearance certificate.
- The minimum monthly payment to a foreigner from a pension fund or an irrevocable retirement annuity or a net worth of a combination of assets realising the amount determined from time to time by the Minister by notice in the Gazette.
- Application fee 670 EGP
Study Visa
General Requirements
- Fully completed application form(DHA-1738)
- A full medical certificate
- Valid passport which expires in no less than 30 days after expiry of the intended date of departure from the Republic.
- Two passport photos.
- Police clearance certificates in respect of applicants 18 years and older, in respect of all countries where person resided one year or longer since having attained the age of 18
Specific Requirements
Study visas will only be issued to students studying at universities, FET, primary and secondary schools.
- An official letter confirming provisional acceptance or acceptance at that learning institution and the duration of the course;
- An undertaking by the Registrar or Principal of the learning institution to-
(i) provide proof of registration as contemplated in the relevant legislation within 60days of registration; or
(ii) in the event of failure to register by the closing date, provide the Director-General with a notification of failure to register within 7 days of the closing date of registration;
(iii) within 30 days, notify the Director-General that the applicant is no longer registered with such institution; and
(iv) within 30 days of completion of studies, notify the Director-General when the applicant has completed his or her studies or requires to extend such period of study;
- In the case of a learner under the age of 18 years-
(i) an unabridged birth certificate;
(ii) proof of physical address and contact number of the adult person residing in the Republic, who is acting or has accepted to act as such learner's guardian, including a confirmatory letter from that guardian; and
(iii) proof of consent for the intended stay from both parents or, where applicable, from the parent or legal guardian who has been issued with a court order granting full or specific parental responsibilities and rights or legal guardianship of the learner;
- In the case of a foreign state accepting responsibility for the applicant in terms of a bilateral agreement, a written undertaking from such foreign state to pay for the departure of the applicant;
- Proof of medical cover renewed annually for the period of study with a medical scheme registered in terms of the Medical Schemes Act;
- An undertaking by the parents or legal guardian that the learner will have medical cover for the full duration of the period of study; and
- Proof of sufficient financial means available to the learner whilst resident in the Republic.
- Visas issued for studies at a learning institution, other than a school contemplated in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996), shall be issued for the duration of the course for which the applicant has registered;
- Visas issued for studies at a learning institution, which is a school contemplated in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996), shall be valid for the duration of the period of study: Provided that the study visa issued for studies at a primary school shall not exceed eight years and for a secondary school shall not exceed six years.
- Application fee 670 EGP
Treaty Visa
- A letter from the relevant organ of state which is party to the treaty attesting to the-
- nature and duration of the programme;
- participation of the foreigner in the specified programme;
- type of activities the foreigner is expected to perform and the duration thereof;
- accommodation of the foreigner;
- any other relevant details pertaining to the foreigner's stay in the Republic;
- A police clearance certificate;
- A written undertaking by the sending or receiving organ of state accepting responsibility for the costs related to the deportation of the applicant and his or her accompanying dependent family members.
- Application fee 670 EGP
Exchange Visa
- An applicant for an exchange visa in terms of section 22(a) of the Act shall-
- in the case of a learning institution in the Republic, in conjunction with a foreign education and training institution or a foreign state institution organising or administering the programme, submit a letter from-
(i) the Department of Basic Education or Higher Education and Training or a learning institution in the Republic confirming that it is responsible for organising or administering the existence of the programme, outlining the activities, terms and conditions and duration thereof and accepting full responsibility for the student while he or she is in the Republic;
(ii) the foreign state institution or education and training institution confirming the particulars of the applicant, the applicant's enrolment with the foreign education and training institution, and the date on which the programme shall commence.
- in the case of a programme of cultural, economic or social exchange, organised or administered by an organ of state or a learning institution, in conjunction with a foreign education and training institution or a foreign state institution, submit a letter from –
(i) the organ of state or foreign education and training institution confirming the existence of the exchange programme; or
(ii) the foreign education and training institution confirming the enrolment of the applicant or the foreign state institution conducting the programme, as the case may be.
- An applicant for an exchange visa in terms of section 22(a) or (b) of the Act, shall submit-
- proof of a valid return air flight ticket or written undertaking by the organ of state, learning institution or employer accepting responsibility for the return or deportation costs of the applicant, as the case may be;
- a police clearance certificate from country of ordinary residence;
- proof of medical cover for the duration of the exchange period with a medical scheme registered in terms of the Medical Schemes Act.
- An exchange visa may be issued for a period not exceeding the period of the exchange programme.
- Application fee 670 EGP
Medical Treatment Visa
- An applicant for a medical treatment visa shall submit-
- An applicant for a medical treatment visa shall submit-
- a letter from his or her registered medical practitioner or medical institution within the Republic confirming-
(i) that space is available at the medical institution;
(ii) the estimated costs of the treatment;
(iii) whether or not the disease or ailment is treatable or curable;
(iv) the treatment schedule;
(v) the period of intended treatment in the Republic
- the details of, and confirmation by, the person or institution responsible for the medical expenses and hospital fees: Provided that in a case where the applicant's medical scheme or employer is not liable for expenses incurred, proof of financial means to cover the medical costs shall be submitted;
- the particulars of persons accompanying the applicant;
- valid return air flight tickets, where applicable;
- proof of sufficient financial means or provision for the costs indirectly related to the treatment.
- A medical treatment visa may be issued for a maximum period of six months at a time.
- Application fee
Visitor’s Visa for a Period Exceeding 3 Months
- An application for a visitor's visa exceeding a period of three months shall, in addition to complying with the requirements of sub-regulation (1), be accompanied by a police clearance certificate.
- The proof of sufficient available financial resources contemplated in section 11(1 )(b) of the Act shall be in the form of a recently bank certified statement, for the last three months.
- A full medical certificate
- An activity contemplated in section 11(1)(b)(iv) of the Act shall be work conducted for a foreign employer pursuant to a contract which partially requires conducting of certain activities in the Republic and relates to-
the spouse or dependent child of the holder of a visa issued in terms of section 11,13, 14, 15, 17, 18, 19, 20 or 22,application shall be accompanied by proof of kinship;
teaching at an international school, application shall be accompanied by a contract of employment signed by the employer of the applicant and a written undertaking of financial responsibility for the applicant.
in respect of films and advertisements produced in South Africa, including, but not limited to, an actor, cameraman, hairstylist, make-up artist or lighting and sound engineer, application shall be accompanied by documentation confirming such production and the duration thereof.
a foreign journalist seconded to the Republic by a foreign news agency, application shall be accompanied by documentation confirming such secondment and the duration thereof.
a visiting professor or lecturer or an academic researcher, application shall be accompanied by an invitation from the host in the Republic.
an artist who wishes to write, paint or sculpt, application shall be accompanied by documentation confirming the activity to be undertaken and the duration thereof.
a person involved in the entertainment industry, travelling through the Republic to perform, application shall be accompanied by confirmation thereof by the host in the Republic.
a tour leader or host of such a tour, application shall be accompanied by a contract of employment signed by the employer of the applicant and a written undertaking of financial responsibility for the applicant.
a foreigner who is required to stay in the Republic in order to testify as a state witness in a criminal court case: Provided that in such a matter, the application shall be initiated by the relevant Deputy Director of Public Prosecutions.
- Application fee
Short-Term Work
The authorisation contemplated in section 11(2) of the Act-
- shall be applied for by submitting a statement or documentation confirming the-
;
- nature of the work;
- purpose or necessity of the work
- qualification and skills required for the work;
- duration of the work;
- place of work;
- duration of the visit;
- proof of remuneration or stipend that the foreigner will receive from the employer
- identity and contact details of the prospective employer or relevant contact person from the host institution;
- Proof of registration of the company in the Republic with Companies and Intellectual Properties Commission (CIPC)
- Latest Tax Clearance Certificate of the company in the Republic may, where applicable, be granted subject to a recommendation from any relevant organ of state;
- if approved, be endorsed on the visitor's visa;
- shall not be extended beyond the validity period of the visa issued in terms of section 11 (1)(a) of the Act.
Intra-Company Transfer
General Requirements
- Fully completed application form(DHA-1738) www.dha.gov.za
- A full medical certificate
- Valid passport which expires in no less than 30 days after expiry of the intended date of departure from the Republic.
- Two passport photos.
- Police clearance certificates in respect of applicants 18 years and older, in respect of all countries where person resided one year or longer since having attained the age of 18
Specific Requirements
- (1) An applicant for an intra-company work visa shall submit-
(a) 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;
(b) a police clearance certificate.
- (2) The employer shall ensure that the passport of his or her employee is valid at all times for the duration of his or her employment.
- (3) An application for an intra-company transfer work visa shall be accompanied by-
(a) the foreigner's contract of employment with the company abroad valid for a period of not less than six months;
(b) a letter from-
- (i) the company abroad confirming that the foreigner shall be transferred to a branch, subsidiary or an affiliate of that company in the Republic;
- (ii) the branch, subsidiary or an affiliate in the Republic confirming the transfer of the foreigner and specifying the occupation and capacity in which that foreigner shall be employed.
- (4) In terms of section 19(5) of the Act, the relevant employer shall ensure that-
- (a) a foreigner is only employed in the specific position for which the visa has been issued;
- (b) the foreign employee will at all times comply with the provisions of the Act and conditions of his or her visa and undertakes to immediately notify the Director-General if the employee refuses to comply with the provisions of the Act or conditions of the visa;
- (c) a plan is developed for the transfer of skills to a South African citizen or permanent resident.
- (5) The company referred to in sub-regulation (8)(b)(ii) shall undertake to reimburse the Department any costs incurred in relation to the deportation of the holder
- (6) Proof of registration of the company in the Republic with Companies and Intellectual Properties Commission (CIPC)
- (7) Latest Tax Clearance Certificate of the company in the Republic.
- (8) Proof of registration of the company abroad.
- (9) An intra-company transfer work visa shall be issued for a period not exceeding four years and is not renewable.
|