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Spouses belong together and should not be separated by continents or oceans. In an earlier post, we briefly referred to spouses who may work, study or conduct own business in South Africa. Options for foreign spouses: In this edition, we would like to look at options foreign spouses have if they wish to conduct an activity in South Africa. This activity can be conducted on a Spousal visa (commonly known as the Section 11 (6) visa) and is made available as a long-term visitor's visa. a) Spousal visa with authorization to work: Spouses can opt to look for employment with a South African company. As part of the application process, an offer of employment or a contract must be included. The contract must stipulate the basic labour law items and be signed by the applicant as well as a representative of the company. b) Spousal visa with authorization to conduct own business: For this category, the applicant must submit a business plan of the company he or she intends to open in South Africa. Most spouses also register the company with The Companies and Intellectual Property Commission (CIPC) and the South African Revenue Services (SARS) as invoicing and trading will be done from within South Africa. Unlike the normal Business Visa, the foreign spouse is not required to invest the required R5 million into the book value of the business. c) Spousal visa with authorization to study: Lastly, if the foreign spouse wishes to study in South Africa, he or she may do so. As part of this application, a provisional or formal letter of acceptance from the learning institution must be submitted. Conclusion: It is important to note that the foreign spouse must still submit the usual legal requirements such as police clearances, medical and radiological, proof of kinship to the SA spouse and other documents. The visa has a duration of maximum three (3) years and the South African or Permanent Residence spouse will remain the basis of the visa application. Lastly, the foreign spouse may submit a change of conditions application within South Africa from a tourist visa as per Directive 07 of 2019. For more information on the spousal visa process, please reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we are available on +2773 5357 534 or sue@movingsouthimmigration.com

It is ALWAYS important to check the conditions of your permanent residence once you have been issued with same. You may not know this, but there are four (4) reasons why your permanent residence permit can and may be withdrawn by the Department of Home Affairs. 1. Conviction for a crime committed: If you have been convicted of any offence listed in Schedule 1 and Schedule 2 as well as other offences listed in the Immigration Act, you will lose your permanent residence. Needless to say - don't commit any crimes :) 2. Failure to comply with the terms and conditions of the permit: Permanent residence in South Africa always comes with terms and conditions. Therefore, it is important to check these conditions which are stipulated on the actual permanent residence certificate. Ultimately, you will be held solely responsible for the conditions of the permit and will be advised of this by the authorities. 3. Absenteeism from South Africa: If you have been outside of South Africa for three (3) continuous years and longer, your permanent residence would have lapsed. There are certain exemptions, though, that will be taken into consideration when it comes to your absenteeism from the Republic. 4. Taking up residence in South Africa after issuance of permanent residence: If you have not taken up residence in South Africa within one (1) year of the issuance of the permit, your permanent residence would have lapsed. The maximum entry date will be stipulated on the certificate. Conclusion: Always check to ensure you remain compliant with the terms and conditions of your permanent residence. If it lapses, you will be required to apply for residency all over again! If unsure about the conditions of your permanent residence, please reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we are available on +2773 5357 534 or sue@movingsouthimmigration.com

In terms of Section 22 (b), an applicant under the age of 25 may apply for an Exchange visa of which duration is one year. This visa is typically used by foreign graduates doing their practical work or internship in South Africa. Chat to us regarding this visa, which is often overlooked, but could serve a great purpose during your stay in South Africa. We can be reached via our Contact form on www.movingsouthimmigration.com. Alternatively, you may contact us on +2773 5357 534 or sue@movingsouthimmigration.com

We often hear from travellers ' I only received 7 days at immigration when I entered South Africa and not my normal 90 days'. Here is one reason why you most likely received only seven (7) days - "A person, other than a resident from a country which shares a border with South Africa, and who is in possession of a visa will be readmitted on the same visa and where such a visa expired, will receive a new visa for a period not exceeding 7 days." This is a process we call 'border hopping.' However, if the person returns from their home country, the traveller will receive a new visa not exceeding the period stipulated as per treaty agreements (between 30 - 90 days). Travellers may be refused entry into South Africa, based on the following reasons - You are an illegal person; You are a prohibited person; You were previously declared undesirable and the undesirable status has not been lifted; You are in contravention of the Immigration Act by producing a visa that's different to the activities to be undertaken in South Africa; You are a fugitive from justice; You are in possession of a fraudulent visa or permit; You are in possession of a fraudulent passport; or You provided the immigration officer with incorrect or false information knowing it's incorrect or false Lastly, please ensure you are in possession of a passport - That is machine-readable (handwritten passports are no longer accepted); That has a validity of no less than thirty (30) days after your intended departure date from South Africa; and That have at least two (2) blank pages before flying to South Africa For more tips on travelling to South Africa, 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

Do you wish to or intend on opening an own business in South Africa, but are unsure about the preferred sectors in which you can operate this business in? Please find below, the current lists of Desirable and Undesirable business undertakings as issued by the Department of Home Affairs: Undesirable businesses in the following sectors - Businesses that import second-hand vehicles into South Africa for the purpose of exporting them to other markets outside the RSA; The exotic entertainment industry; and Security industry Desirable businesses in the following sector which also qualify for a reduction or waiver of the investment requirements should the R5 million not be available - Agro-processing; Business Processing Outsourcing (BPO) and IT enabled services; Capital/Transport equipment, metals and electrical machinery and apparatus; Electro Technical; Textile, Clothing and Leather; Consumer goods; Boatbuilding; Pulp, paper and furniture; Automotive and Components; Green Economy Industries; Advanced Manufacturing; Tourism Infrastructure; Chemicals, plastic fabrication and pharmaceuticals; Creative and Design industry; Oil and Gas; Mineral beneficiation; Infrastructure Development; and ICT (Information and Communications Technology) For more information on the business visa process, reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, you may reach out to us on +2773 5357 534 or sue@movingsouthimmigration.com

It took a bit of time for me to write this post as I wanted to pen down exactly what comes from the heart. As South Africa is currently experiencing one of its biggest energy and immigration crises to date, I often wonder - is it worth remaining in this industry? I also often find myself putting on my South African armour on defending my beautiful country. So - is it worth it to still continue my immigration journey? Absolutely!! South Africa has so much to offer - both discovered and undiscovered. We don't just have exquisite landscapes, we have some of the best universities, employers, cultures, communities, policies, food, you name it. Call me patriotic, but I love my country. I love its uniqueness. I love representing what I believe in. I love how certain aspects of my country evolved into some of the biggest things and names globally. I love how we are exploring and finding. I love our struggles. I love the rainbow in this nation. Despite the challenges we face every day - Today, I am proud to be called South African.

In an earlier post, we announced that the Department of Home Affairs withdrew the centralized adjudication process with immediate effect. We also noted that we do not expect the backlog to be cleared immediately. Well - it seems this is indeed the case as we have received confirmation that all long-term visa applications, submitted prior to 01 September 2022, will continue being reviewed by the Home Affairs Head Office in Pretoria. This means that all these applicants unfortunately need to hold on a tad bit longer to receive the outcomes of their visa applications. New applicants are in a more fortunate position, which should allow them to experience the regular processing timeframes of the SA missions before the centralization process has been put in place. For further information on how to proceed, kindly reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, you may contact us on +2773 5357 534 or sue@movingsouthimmigration.com

The world is once again buzzing! With buzzing comes work and with work comes assignments. Borders are now fully opened, and mobility is on the rise again. Intra Company Transfers to South Africa are usually assignments where a nominated and qualified assignee gets sent from a home employing entity abroad to its South African branch, affiliate or subsidiary. For this purpose, the intra company transfer work visa can be applied for. The nominated assignee, however, must have a valid employment contract with the overseas entity and must have worked for the entity for at least six (6) months. As part of the assignment, the South African entity needs to ensure there is a Transfer of Skills plan in place and that at least one local (SA citizen or Permanent residence holder) has been nominated to receive the skills training during the assignee's assignment in South Africa. To know more about the intra company transfer work visa process, reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, you may contact us on +2773 5357 534 or sue@movingsouthimmigration.com

Babies, born in South Africa, do not have to return to their home country to apply for a visa. Foreign parents on long-term visas can simply apply for a dependant visa in South Africa in order for baby to accompany them. We call this a "Landing" process and baby will be issued with a long-term visitor's visa. Speak to us about this streamlined process - your baby will be in good hands. We can be reached via our Contact Form on www.movingsouthimmigration.com or alternatively contact us on +2773 5357 534 or sue@movingsouthimmigration.com

The Department of Home Affairs, once again, extended its blanket waiver to applicants who are currently awaiting their outcomes of submitted visa and waiver applications. It has come as a surprise, though, that the blanket waiver is extended for a further six (6) months as opposed to the usual three (3) months. These individuals are now covered until 31 March 2023. This further means applicants may travel, if required, from South Africa between now until 31 March 2023 on expired visas without being declared undesirable. They will be required, however, to present their original VFS receipt upon their departure from and entry into South Africa. Visa exempt nationals may simply enter South Africa again on their usual 30-90 day visas to collect the outcomes of their visa applications. Unfortunately, nationals from visa-restricted countries must apply for and obtain a port of entry visa in order to be re-admitted into South Africa. It is important to note that this blanket waiver ONLY covers applicants who submitted their visa and waiver applications within South Africa and who have been legally admitted into the country. Please feel free to reach out to us via our contact form on www.movingsouthimmigration.com to discuss. Alternatively, you may contact us on +2773 5357 534 or sue@movingsouthimmigration.com

Does your company have any urgent upcoming short-term work projects and you require foreign skills to help out? The Section 11 (2) visa is the ideal visa for your foreign staff from a branch, subsidiary or affiliate company abroad if they need to work on these South African projects for a maximum of 90 days. This visa must be applied for and obtained beforehand at the relevant South African mission as authorization must be given prior to entering South Africa. It is issued as a visitor's visa, but with authorization to conduct work legally in South Africa, unlike the tourist visa. Should the project unexpectedly run over time, this visa may be extended for a further 90 days within South Africa. Please feel free to reach out to us via our contact form on www.movingsouthimmigration.com for further information regarding this visa. Alternatively, you can reach us on +2773 5357 534 or sue@movingsouthimmigration.com

In our post, dated 18 August 2022, we advised that the centralization of visa applications is causing many delays at the adjudication hub. This time round, we are pleased to advise that the centralization process has been withdrawn with immediate effect. This means that the adjudication powers have been delegated back to all South African missions abroad and they may now process visa applications on their own, without review from the Home Affairs Head Office in Pretoria. This is certainly great news for all applicants and employers as well as spouses who have been waiting months and months on end for visa applications to be finalized. We do not expect for the current backlog to be cleared immediately though, but it certainly adds light to the end of the immigration tunnel. Having said this, we urge all visa applicants to still ensure that their paperwork remain compliant for the visa category they apply for. Feel free to reach out to us via our contact form on www.movingsouthimmigration.com or via +2773 5357 534 or sue@movingsouthimmigration.com to discuss further steps in your visa application.