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As we are receiving far too many enquiries on what to do regarding wrong admissions into South Africa, we thought we would write this short blog to clarify on what needs to be done. We have also posted a blog on travel tips for South Africa previously, should you wish to refer to the post. Our advice in this regard is clear - please check your entry stamp at immigration control after you have received your stamp. Check your stamp whilst you are at the airport in the event you have been wrongly admitted. Immigration control can sometimes make mistakes especially if it is extremely busy at the airport. Check that your entry stamp has the correct entry date, correct expiry date (how long your visa is supposed to be issued for) as well as the correct conditions aligned with your intended visit. If you are a tourist, the conditions should stipulate 'holiday' or 'vacation'. If you obtained a work visa abroad, the conditions should be written 'work' on the entry stamp. These are the typical examples of how you are supposed to be landed at immigration control. A last reminder that it is your responsibility, as the passport holder, to check what is happening within your passport. If you are unsure whether you have been landed correctly at the airport, please reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we can be reached on +2773 5357 534 or sue@movingsouthimmigration.com

In November 2022, President Cyril Ramaphosa visited Kenyan President William Ruto where a very important agreement was reached. The good news from this agreement is that, effective 01 January 2023, Kenyan nationals can now travel visa free to South Africa for up to 90 days per annum. Previously, a visa free visit for Kenyan nationals of only 30 days was allowed. Currently, South African citizens do not need a visa beforehand to visit Kenya as tourists. The visa free stay in Kenya allowed is up to 90 days. For more information regarding visa free travels to South Africa, please contact us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we can be reached on +2773 5357 534 or sue@movingsouthimmigration.com

If you are the foreign relative of a South African citizen or Permanent Residence holder within the first step of kinship, you may look at the option of applying for permanent residence. The following relatives would qualify for first step of kinship in terms of the Immigration Act: Biological or legally adoptive parents Biological or legally adoptive minor or major child Spouses if married for five (5) years and longer or in a life partnership for five (5) years and longer Proof of kinship: Kinship must be proven by means of a birth certificate, adoption papers or marriage certificate. Life partners need to submit proof of life partnership of five (5) years and longer. The South African citizen or Permanent Residence holder must provide proof of the prescribed R8 500 per month and must also give written assurance thereof, save the case if the South African citizen or Permanent residence holder is a minor child. In the latter case, we recommend financial support to be shown by the adult applicant and caution that Home Affairs might request a paternity test to be done. For more information on permanent residence based on a relative, please contact us via our Contact Form on www.movingsouthimmigration.com. Alternatively, you may reach us on +2773 5357 534 or sue@movingsouthimmigration.com

2023... a year which promises new beginnings, new chapters, more chances and hopefully a smoother immigration journey for South Africa. The South African missions abroad, VFS Global and Home Affairs have officially resumed services and what a buzz it already is. As for Moving South Immigration, we are looking forward to celebrating our first birthday next month. We look forward to what 2023 has to offer and whether it be hurdles, successes, learning curves or small victories, we will embrace them all. As we embark on a completely unknown year ahead, we would like to wish our clients, followers and supporters a happy and prosperous 2023. May this year bring you much joy, success, prosperity and happiness. For now, enjoy the last feels of the festive season and we look forward to seeing you refreshed and ready to tackle the new year. Our team is officially on standby for any questions you may have regarding South African immigration. We can be contacted via our Contact Form on www.movingsouthimmigration.com. Alternatively, we may be reached on +2773 5357 534 or sue@movingsouthimmigration.com

As we are nearing the end of 2022, it is impossible not to look back and review the journey travelled so far. I think it is fair to say it has been a rough one for all of us, particularly in immigration with all the processing delays, unusual rejections and changes in practice. I am certainly going to make a new year's resolution for this industry to be a smoother and better one in 2023. For those who received their visas and permanent residence, huge congratulations to you! It is certainly a feeling of excitement, happiness, relief and endless joy. To the individuals whose applications are still pending, we will most certainly continue to get those outcomes out as soon as possible. I would like to express my sincere gratitude to our clients and supporters for walking this tough year with us. We certainly appreciated your patience, understanding and hope that we made a tad bit of a difference in your lives. With this in mind, I would like to wish each and every one a most blessed and wonderful Christmas. Enjoy the love, laughter, special times and memories being made. If you are travelling, please do so safely and we will see you in 2023 - all fresh and ready for the journey ahead!

Every South African visa has an activity attached to it and today we would like to list the purposes of the following short-term visas as it appears there is still some confusion regarding these visas. Tourist visas: Tourist visas are for applicants who are visiting family or friends in South Africa and simply allow tourism activities. This visa is usually issued for 30 to 90 days. Passport holders from visa exempt countries obtain tourist visas upon arrival at the airport. Individuals from visa restricted countries need to apply for and obtain a tourist visa from the relevant South African mission before flying to South Africa. Employment on a tourist visa is prohibited. Business visit visas: A short-term business visa is usually issued to travellers who need to attend business meetings in South Africa. It is similar to a tourist visa, but the wording 'business' or 'business meetings' on the entry stamp or visa usually justifies the purpose of this visa. Individuals from visa restricted countries need to apply for and obtain a short-term business visa from the relevant South African mission before flying to South Africa. Visa exempt nationals can obtain this visa upon arrival at the airport. This visa is usually issued for 10 to 90 days. Employment on a business visit visa is prohibited. Short-term work visas: A short-term work visa, also known as the Section 11 (2) visa is issued to individuals who need to conduct short-term work in South Africa. This is applicable to special projects with a maximum duration of 90 days at a time. Unlike the tourist and business visa, the Section 11 (2) visa must be applied for by the applicant at the South African mission before flying to South Africa. It is a special authorization to work on a tourist visa and the authorization cannot be obtained at the airport. Work is only allowed once the authorization of same has been added on the visa. We hope the differences between these short-term visas are now clear and welcome anyone to reach out to us with any further questions. We can be contacted via our Contact Form on www.movingsouthimmigration.com or alternatively we may be reached on +2773 5357 534 or sue@movingsouthimmigration.com

On 13 December 2022, VFS Global in South Africa announced their final year end closure dates. Please see these dates below for ease of reference - Last day of submissions - 20th December 2022 Open for collections - 21st and 22nd December 2022 Closed - 23rd December 2022 Open for collections - 28th and 29th December 2022 Closed - 30th December 2022 Closed - 2nd January 2023 Resumption of Full Operations - 3rd January 2023 Should you wish to still submit your visa application, please do so urgently as appointment slots are nearly at capacity. You may contact us via our Contact Form on www.movingsouthimmigration.com with any further questions. Alternatively, we can be reached on +2773 5357 534 or sue@movingsouthimmigration.com

There are certain financial guarantees and contributions which applicants must comply with when applying for a South African visa. Below you will find these financial guarantee amounts in South African Rands (ZAR) per visa type - Business visa (own business) - R5 million to be invested into a new or existing business Retired visa - R37 000 per month payable from a pension, irrevocable annuity / retirement account or assets leased Corporate applicant (company) for corporate employee - R30 000 per corporate employee Proof of sufficient financial means for South Africa - A minimum of R3 000 in cash or bank account Minimum net worth for Permanent Residence (PR) - R12 million of which R120 000 shall be paid to the Director-General upon approval of the PR application Financial assurance for a Relative's visa by SA citizen or PR holder - R8 500 Should you require any further information regarding these financial guarantees, do not hesitate to contact us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we may be contacted on +2773 5357 534 or sue@movingsouthimmigration.com

In February 2022, the Department of Home Affairs issued a new Critical skills list, which was revised on 01 August 2022 and 02 August 2022 again with added medical professions. Prior to the issuance of the new list, applicants did not have to submit an offer of employment with their visa applications and was issued with a 12-month critical skills visa in order to seek employment for one year. It is important to note that the applicant still had to qualify for the critical skills visa. Once an employment offer was obtained within the year, the applicant had to change conditions by adding the employer contract and further 4 years to the visa. By law, a critical skills work visa may be issued for a maximum five (5) years at a time. Previously, applicants did not have to provide a written confirmation of skills letter, nor did they have to submit an actual membership certificate from a professional body. Proof of application of membership was sufficient as part of the application. We have to confirm, once again, that these 'privileges' have been removed from legislation as part of the new critical skills work visa process. See below, a brief overview of the compulsory steps and documents to be submitted with the critical skills work visa process - A SAQA certificate if qualifications were obtained abroad; An employment offer or contract from a South African employer; An undertaking by same employer offering employment; A written confirmation of skills letter from the relevant professional body; A membership certificate from the relevant professional body (membership needs to be valid at all times) The NQF level stipulated on the SAQA certificate must align with the NQF level required for the occupation as per the new critical skills list. Foreign students who graduated at a South African university and who studied towards a critical skill are unfortunately not able to apply for permanent residence immediately anymore. This directive has been withdrawn by the Department of Home Affairs in January 2022 and these graduates now need to ensure they have the relevant five (5) years post qualification work experience. Lastly, in the event of a permanent residence application based on critical skills, a MIE or Sterling report must accompany the application to confirm the five (5) years post qualification work experience. Should you require any information regarding the new critical skills work visa process, you may contact us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we may be contacted on +2773 5357 534 or sue@movingsouthimmigration.com

There seems to still be some uncertainty on when a visa application should be lodged as a renewal and when to lodge as a change of conditions / status application. Below is a brief overview when these processes apply - Renewals: If you are in possession of a South African visa and nothing in your circumstances changed, you must simply apply for a renewal of the same visa. Example - you are in possession of a general work visa with the same employer and occupation. Upon renewal of your visa, only a South African police clearance will be required. The South African police clearance must be applied for at the VFS office on the day of submission and you will be required to pay a fee of R185 per clearance. In addition to the updated legal documents required, you are obliged to obtain a new medical certificate and radiological report as these reports may not be older than six (6) months on day of submission. Change of Conditions / Status: If you are in possession of a South African visa and your circumstances have changed or you need to apply for a different visa, this is considered a change of conditions / status application. Example One - if you are in possession of a critical skills work visa with company X as your employer and receive an offer of employment from company Y, you will be required to change to a new critical skills work visa to reflect company Y as your new employer. Yes, even if the visa type remains the same, there are still changed circumstances. Example Two - if you are in possession of a Relative's visa and you wish to apply for a Section 11 (6) visa which is a spousal visa with authorization to conduct an activity, you will be required to change conditions / status. The change of conditions application requires a new police clearance from every country where you resided for twelve (12) months and longer since your eighteenth birthday, even if you have not resided there for many years. We understand it is quite annoying to obtain police clearances and therefore we recommend working on a good lead time to complete this process. Lastly, each application submitted at a South African mission abroad will always be considered a brand-new application and therefore all new police clearances must be submitted with your visa application. This includes a second or third application for the same long-term visa type. Should you require any further information about these processes, you may reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we may be contacted on +2773 5357 534 or sue@movingsouthimmigration.com

When a visa application is rejected by the Department of Home Affairs, the applicant may submit a Notice of Appeal if he or she feels they have been negatively affected by this decision. As the application was formally rejected on the system, the applicant may submit a formal appeal by means of a Form 49 with supporting documents at the same office where the initial visa application was lodged. An appeal must be submitted within 10 working days from date of receipt of the rejection. First appeal process: If it is the first appeal that the applicant is lodging, the documentation or cover must be addressed to the Director-General of Home Affairs in terms of Section 8(4) of the Immigration Act, as amended. Upon receipt, the Director-General shall consider whether the decision will be upheld, reversed or modified. If the Director-General decides to uphold the rejection, the applicant will be duly notified in writing. Second appeal process: The applicant may, for good cause, submit a second appeal upon receipt of the Director-General's written decision in terms of Section 8(6) of the Immigration Act, as amended. This appeal, however, must be addressed to the Minister of Home Affairs and the application must be lodged within 10 working days of receipt of the Director-General's rejection. It is very important to note, though, that an appeal can only be lodged if the applicant was wrongfully rejected. An appeal cannot be submitted if an applicant provided the wrong documentation to the Department or needs to add documentation to the visa application. For the latter, we recommend that a new visa application be lodged with the authorities after the 10 working days have lapsed. Lastly, we wish to advise that all appeals, whether it is submitted at a South African mission abroad or within South Africa, may only be adjudicated by the Home Affairs Head Office in Pretoria. For more information about the appeal process, reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we may be contacted on +2773 5357 534 or sue@movingsouthimmigration.com

A general work visa may be applied for if an applicant does not qualify for other South African work visas. Although this is the most onerous work visa process of all, it still provides hope for individuals who received an offer of employment from a South African company. Part of the visa process is that the Department of Labour needs to issue a letter of recommendation confirming that - despite a diligent search, a suitable South African citizen or permanent residence holder could not be found for the occupation; the salary that the applicant will earn is market-related and will not be inferior to the salary which a South African citizen or permanent residence holder will earn in a similar occupation; the applicant has the necessary qualifications, skills and relevant work experience in line with the job offer; the contract of employment is in line with the labour standards of South Africa and that the contract is issued on condition that a general work visa is approved and issued. The application for a labour recommendation must be submitted to the Department's provisional office at first. Ater advertising the position in a national newspaper, a site inspection and review from the Head Office, a decision will be made. Should the prospective employer wish not to go through the labour process, they may ask the Department of Home Affairs to waive this particular requirement. An application must be submitted by the applicant, in person, at the South African mission or at VFS in South Africa and will be adjudicated based on merit. To find out more about the general work visa process, please reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we may be contacted on +2773 5357 534 or sue@movingsouthimmigration.com