Qualifying for a visa in South Africa is one thing, but being able to keep it is another. Often visa applicants receive poor advice upon application which hampers their understanding of the necessary ongoing requirements.
Many people are unaware of the ongoing requirements after their visa has been issued. Visa holders assume that once they receive their visa it is a once off process and nothing else needs to be done thereafter, as sometimes their immigration company does not even tell them.
We at Intergate know it is not a once off process and are there for our clients in respect of all their ongoing needs.
So what do you need to do?
Temporary Residence Compliance:
- Business Visa
As a temporary resident and business visa holder in South Africa you are obliged to submit a letter to the Director- General of Home Affairs within 12 months of the visa being issued. This letter needs to be proof of confirmation from the Department of Labour that 60% of the staff employed in the running of your business are South African citizens or permanent residents who are permanently employed.You are also obliged to invest R5 million within the first two years your business visa has been issued.
- Critical Skills Visa
As a critical skills visa holder you must ensure you find employment within your profession within 12 months of your visa being issued. Once you have found employment, confirmation of employment must be submitted to the Department of Home Affairs. (See Critical Skills List).
- Study Visa
The compliance is entirely on the school or institution, there is no personal compliance for the visa holder provided the visa holder complies with the conditions of the study visa.
- General Work Visa
There is no personal compliance for a general work permit visa holder, the onus is on the employer. The employer is obliged to notify the Department of Home Affairs when the employee has left the company or when he/she is employed or promoted in a different role.
- Intra-Company Transfer Work Visa
As a holder of the intra-company visa, the compliance lies on the employer. The employer is obliged to notify the Department of Home Affairs if the employee is not complying with the provisions of the Act. (As per regulation 18(9) of the immigration act).
Permanent Residence Compliance:
- Spouse of South African Citizen
This applies to couples who have been married or had the life partner permit for 5 years.
One-and-a-half to two years after your permit has been issued (i.e. during months 18 to 24 after receiving permanent residence) spouses need to make time to arrange for an interview with the Department of Home Affairs. The interview at the Department of Home Affairs is to confirm your relationship is still in place. (As per regulation 23(6) of the immigration act).
- Business Permit
As a permanent resident running a business in South Africa the onus is on you to ensure that within 12 months of receiving your permanent residence permit you confirm that 60% of your staff employed in business are South African citizens or permanent residents who are employed permanently. (As per regulation 24(6)(b) of the immigration act) .
Furthermore, proof of R5 million investment into the book value of your business must be submitted within two years of receiving your permanent residence. Proof needs to submitted once again three years thereafter (As per section 27 (c)(ii) of the immigration act).
Still not sure what your obligations are?