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Change of conditions within South Africa - Exceptional circumstances

Posted by Sue-Allan Mehl

By law and since 2014, a foreign national is not allowed to apply for a change of conditions or status if in possession of a visitor’s or medical treatment visa. There are, however, exceptional circumstances which the Department of Home Affairs set out in the Immigration Regulations.

These exceptional circumstances are as follows –
a) The holder of a tourist visa may change to a medical treatment visa – providing the holder of such visa is in need of emergency life saving medical treatment for longer than three (3) months;
b) The holder of a visitor’s visa is the accompanying minor child or spouse of a South African business or work visa holder and the accompanying family member wishes to apply for a study or work visa;
c) A medical treatment visa holder is required to remain in South Africa for the purpose related to a criminal trial. This application, however, MUST be initiated by the relevant Deputy Director of Public Prosecutions.
d) Lastly, as per Directive 07 of 2019, the child and spouse of a South African citizen or Permanent Residence holder may change conditions from a tourist visa to a Relative’s visa within South Africa.
Should you require any further information regarding the exceptional circumstances, you may contact us via our Contact Form on www.movingsouthimmigration.com. Alternatively, you may contact us on +2773 5357 534 or [email protected]

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