Below are detailed answers to common immigration FAQs that will assist you in navigating the legal complexities of visa and permanent residence applications in South Africa.
How long does a visa application for South Africa take?
Several factors may impact visa processing times, for example where you submit, which visa you are applying for and, the number of pending applications.
On average, visa applications submitted to South African missions abroad take between six to twelve weeks to be processed.
Despite promises by the Department of Home Affairs to clear existing backlogs on visa applications in South Africa, there are still significant delays and no clear indication of processing times.
However, Lee and Truter Attorneys has observed that:
- Work, study, and business visas generally benefit from quicker processing times, ranging from six to twelve weeks.
- All other visas are currently taking at least six months to be processed.
How long does a permanent residence application for South Africa take?
The processing time for permanent residence applications has become increasingly slower since COVID-19.
Lee and Truter Attorneys advise applicants to anticipate a wait of at least two years for a final decision. However, if your application has been pending for over eight months, you may consider litigating to encourage a faster response from the Department of Home Affairs.
Can I expedite my visa or permanent residence application?
In short, an application cannot be expedited.
However, Lee and Truter Attorneys can assist with routine inquiries on the progress of your application with the Department of Home Affairs, but it’s important to know that the Department is not very responsive. But, if your application has been pending for an extended period, you may consider litigation.
However, it is important to understand that litigation can be a costly and complex process. We encourage you to contact Lee and Truter Attorneys for a consultation to discuss your specific situation and explore options.
Can you work on a relative’s, spousal, or life partner visa in South Africa?
A relative’s visa does not allow you to work in South Africa.
However, spouses (married or life partners) of South African citizens or permanent residents may work if your spousal visa has been endorsed for employment.
Accompanying spouses (married or life partners) of visa holders (business, work, study, etc) are not eligible to work in South Africa.
Can you work on a retirement visa in South Africa?
A retired person’s visa may be endorsed to allow for work in limited circumstances.
For example, when you are retained on a consultancy basis by a former employer.
Can I do remote work while in South Africa?
Yes! The Department of Home Affairs has recently published the second amendment to the Immigration Regulations, which introduced South Africa’s first remote work visa.
You will need to have a contract of employment with a foreign employer and a gross income of at least ZAR R650 796, 00 per annum. The visa may be issued for up to three years and depending on the length of the visa, you may have to register as a tax payer in South Africa.
Do I need a visa to volunteer in South Africa?
Yes! You will have to apply for a long-term visitor’s visa, which may be issued for up to three years.
Most importantly, you will need a formal invitation from the organisation where you will be volunteering.
Can you apply for a visa or permanent residence based on your financial status?
Yes! South Africa offers permanent residence on the basis of financial independence.
You will need to show a net worth of ZAR 12 million and, upon approval, undertake to pay ZAR 120, 000 to the Department of Home Affairs.
What are the requirements for a life partner visa in South Africa?
A visa based on a life partnership requires a notarial agreement instead of a marriage certificate.
In addition, you will need to show proof of shared financial responsibility for at least two years.
Can I challenge a rejection from the Department of Home Affairs on my visa application?
Yes! You may appeal to the Director-General against a negative outcome on your application. If this appeal also results in a negative outcome, you may appeal to the Minister of Home Affairs. Finally, you may consider litigating if your application has been unlawfully or unfairly rejected..
Can I renew my visa in South Africa?
Yes! If you have a valid visa in South Africa, you may apply to renew your visa at VFS in South Africa. However, you cannot renew an intra-company transfer visa and some visas can only be renewed once.
Here are some things to remember:
Applications for visas submitted within South Africa generally take longer than those submitted to foreign missions abroad.
Your passport cannot outlive your visa, so make sure your expiration date is not coming up soon.
If your visa expires while you are awaiting the outcome of your renewal, you will not be able to travel outside of South Africa.
Can I change my visa category in South Africa?
Yes! Most visas allow you to apply for a different visa category from within South Africa.
If you have a visitor’s visa, medical treatment visa, or intra-company transfer visa, you may not change visa. However, this does not apply to spouses (married or life partner) of South African citizens or permanent residents.
When should I apply for a renewal of my visa in South Africa?
While the Department of Home Affairs suggests applying 60 days before your visa expires, Lee and Truter Attorneys recommend submitting your application at least six months in advance.
Most importantly, this helps prevent situations where your current visa expires before a decision is reached, leaving you without a valid visa in South Africa.