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- ZEP holders receive extension until 30 June 2023 to change to mainstream visas
GREAT NEWS!! Holders of Zimbabwean Exemption Permits (ZEP) have received a grace period of six (6) months and until 30 June 2023 to lodge their applications for a mainstream visa or a waiver within South Africa! This decision comes after a recommendation for it was made by the Departmental Advisory Committe ("DAC"). Prior to this announcement, ZEP holders had until 31 December 2022 to change to mainstream visas. We are sure this news is greatly welcomed by all the ZEP holders who are not yet able and ready to lodge their applications at VFS due to unforeseen circumstances. Although the Department of Home Affairs is committed to afford these ZEP holders the extended opportunity to lodge their applications, we urge these applicants to submit their visa applications as soon as possible and not wait until the 11th hour to do so. Another gentle reminder that an original Zimbabwean police clearance must be submitted with the mainstream visa application - therefore apply and obtain your Zimbabwean police clearance as soon as possible. If you are not sure which visa you qualify for, please feel free to reach out to us on www.movingsouthimmigration.com or alternatively contact us on +2773 5357 534 or sue@movingsouthimmigration.com We look forward to being of assistance!
- Tourist season is coming up - Extend your stay in SA!
South Africa is entering it's busiest time - TOURISM SEASON! We look forward to seeing all the visitors from their marvellous countries and appreciate it even more that we get to share our beautiful Republic with them! However, did you know that you do not have to spend only 30 to 90 days in our beautiful country? You may extend your tourist visa for up to 90 days within South Africa whilst enjoying our wonderful beaches, wine farms, garden routes or even visiting the wild life parks. Let us help you extend your visa to ensure you have the maximum time of relaxation and appreciation of what South Africa has to offer. Feel free to speak to us about your extension process. We can be contacted via our website www.movingsouthimmigration.com or alternatively reach out to us via email or telephone on sue@movingsouthimmigration.com or +2773 5357 534. We look forward to hearing from you!
- Employers, did you know?!?
As an employer of a foreign national, you are, by law, required to keep on record the following documents - A certified copy of the employee's passport reflecting his or her personal details; A certified copy of the relevant work visa, work authorization or permanent residence certificate; Proof of the capacity / position in which the foreign national is or was employed; A copy of the employee's IRP5 form or certificate of income / earnings; and Job Description of the foreign national As an employer, you will further be required to keep these records for two (2) years after termination of the foreign national's employment with the company. Lastly, it is your duty to report to the Director-General of Home Affairs when the foreign national is no longer employed at the company and if he or she breached the conditions of the visa. Please feel free to speak to us about your duties as an employer. We can be contacted via our website www.movingsouthimmigration.com or alternatively reach out to us via email or telephone on sue@movingsouthimmigration.com or +2773 5357 534. We look forward to hearing from you!
- No Study visa - No studies allowed
By law, a foreign national, intending to study in South Africa, needs to apply for and obtain a study visa in order to do so. Study visas can be obtained for primary school (usually aged 7 up), high school as well as tertiary institutions. It is compulsory that these schools and tertiary institutions be registered with the Departments of Basic, Higher and Tertiary Education, unless these are private institutions. Some of the quintessential documents needed to be submitted with a study visa application are - a provisional acceptance letter from the institution with the relevant undertakings proof of registration with the relevant Department of Education proof of medical insurance for South Africa It is also important to note that study visa holders for a tertiary institution may conduct work related activities for 20 hours per week and for this purpose we recommend that a logbook be kept by the employer. You may not attend schooling or classes at the institution if the study visa is not granted yet. Speak to us regarding your study visa application and the compliance thereof. We can be reached on www.movingsouthimmigration.com. Alternatively, you can reach us on +2773 5357 534 or sue@movingsouthimmigration.com
- Retirement after a hard day's work
If you are retirement age and wish to retire in beautiful South Africa, you may look at the option of a retirement visa. For this particular visa application, you need to submit proof that you have the right to a pension or irrevocable annuity or retirement in the amount of at least R37 000 per month. You may also submit proof that you have the right to a minimum prescribed net worth of this amount per month. Some of the quintessential documents to be submitted with a retirement visa application are - A confirmation from the pension authorities that you are entitled to a monthly pension of at least R37 000 per month; or A lease or tenancy agreement, proving that you receive a monthly rental of at least R37 000 per month Proof of ownership of the property being leased Bank statements, in your name, for the last 3 months proving that you are receiving the monthly R37 000 via means above Another inconsistent requirement amongst Embassies is that a Chartered Accountant (CA) must confirm this income per month as well. Very often, proof of lump sum in cash form may also be submitted (minimum net worth) to Embassies accepting this requirement. This means, proof that you have cash available for the full duration of the retirement visa (4 years) may be submitted by means of bank statements. You may also look at the option of permanent residency (PR) based on retirement, so you can enjoy this magnificent country all year round. Speak to us regarding your retirement visa application as we have assisted many clients with this category for the past 14 years. We can be reached on www.movingsouthimmigration.com. Alternatively, you can reach us on +2773 5357 534 or sue@movingsouthimmigration.com
- Spouses of South African (SA) citizens or Permanent Residence (PR) holders
The South African Immigration legislation allows for spouses of South African (SA) citizens or Permanent Residence (PR) holders to apply for a spousal visa, providing they are married OR in a proven life partnership of at least two (2) years. Immigration Directive No 07 of 2019 even allows for foreign spouses to change from a tourist visa to a spousal visa within South Africa, providing all legal requirements are met. Life-partners would need to submit an additional notarial agreement attesting they are in an exclusive relationship for at least two (2) years, share financial responsibilities and that neither party is part of an existing marriage or permanent homosexual or heterosexual relationship. It is important to establish when a spouse can conduct activities such as work, studies or have an own business on a spousal visa and therefore it is important to consult with an experienced and knowledgeable immigration consultant who will be able to advise on the nitty-gritty of a spousal visa application. It is also important to note that spouses of SA citizens or PR holders may apply for permanent residence after 5 years of marriage or 5 years of proven life partnership. For more information on spousal visa applications and the processes aligned with it, visit our website on www.movingsouthimmigration.com or contact us on +2773 5357 534 or sue@movingsouthimmigration.com
- South Africa, once again, revises it’s Critical Skills List
A warm welcome to Medical Professions On 02 August 2022, the Department of Home Affairs (DHA) published it’s updated Critical Skills list with a surprising addition of various medical professions. These additional changes were applauded and welcomed extensively by the public and medical professionals. These medical professions were divided into specialist categories, which leads to South Africa having more access to medical talents. A total of 39 new occupations have been added to the revised Critical Skills list with an extensive description of these occupations. We have also noticed that the term ‘Specialist’ was added to Nurse Educator, a term which was omitted on the previous Critical Skills list. These medical professionals are still expected and required to register with the relevant professional bodies eg. Nurses would be required to register with the Nursing Council of South Africa (NCSA) and medical doctors with the Health Professions Council of South Africa (HPCSA). Interestingly enough – in addition to the South African registration, these medical professionals will be required to have a valid registration in place with their relevant professional or regulatory bodies abroad as well. A requirement which was not in the previous skills list either. Other Critical Skills news Sadly, earlier this year, the following official Home Affairs communications have been withdrawn – Directive 22 of 2014 – This means that applicants now need to include a written confirmation of skills letter from the relevant professional body as part of their Critical Skills visa and PR applications. Previously, if a membership registration was in place, there was no need for a written confirmation of skills letter. Ministerial Waiver 2016 for Graduates from South African Tertiary Institutions in the area of Critical skills – A very unpopular decision made by Home Affairs. In essence, this means that foreign graduates who studied in South Africa towards a critical skill are no longer able to apply for permanent residence (PR) immediately. They would have to ensure that they have at least 5 years post-qualifications experience in order to qualify and apply for PR. Ministerial Waiver of 2005 - Exemption from the requirements of the Immigration Act and Regulations were given to expedite the issuance of work visas to newly recruited foreign health professionals. This is no longer possible. MIE for Permanent Residence (PR) applications An additional step for Permanent Residence based on Critical Skills was added by Home Affairs. Applicants, who submit applications referencing the required post qualification work experience, now need to include additional proof of ‘vetted’ work experience which must be verified by a reputable institution such as MIE or Sterling. As this process take several weeks to complete, applicants need to be aware that this will delay their applications to submit PR applications. Conclusion Although the Department is moving in the right direction to address the skills shortage crisis in South Africa, we are still acutely aware of the extensive and onerous processing times of professional bodies and every process before one can actually submit a Critical Skills work visa application. We remain hopeful, though, that these concerns will be considered in an urgent manner to ensure that South Africa obtains and retains these skills within our country. For more information about the Critical skills work visa and the processes aligned with it, visit our website on www.movingsouthimmigration.com or contact us on +2773 5357 534 or sue@movingsouthimmigration.com
- Welcome To Moving South Immigration
A very warm welcome to Moving South Immigration! Moving South Immigration, a boutique immigration firm, offers a personalized immigration service to private individuals as well as corporate companies. With an immigration background of more than 14 years, our firm offers tailor-made solutions to ensure a smooth immigration journey to applicants and their family members as this can be quite challenging at times. To receive up-to-date news on South African immigration, visit our website www.movingsouthimmigration.com to subscribe to these updates. We look forward to engaging with you! Meet Sue Sue-Allan Mehl started her career as a school secretary in the small town of Ceres. She moved to Cape Town at the age of 22 and with her administrative qualifications and background, worked at various personnel agencies. Her first introduction into the immigration world happened when she was appointed as the receptionist of IBN Immigration and Solutions. Sue-Allan became very interested in the field of immigration and in 2008 she joined the Immigration team where she could continue her passion in helping people. Sue-Allan’s love for people combined with her meticulous work ethic impressed management immensely and she was appointed Head of Immigration in 2010 where she exclusively assisted multinationals and corporate firms with their immigration needs. She also became a registered Immigration Practitioner and is a member of FIPSA since 2016. Our Services We assist with tourist visas, relatives and spousal visas, all work-related visas, study visas, business visas (business owners) and retirement visas. We equally offer these services for all permanent residency categories as well as Appeals and Waivers.
- ZEP holders running out of time
In November 2021, Minister of Home Affairs Aaron Motsoaledi, announced that the Zimbabwean Exemption Permit (ZEP) Dispensation programme will terminate on 31 December 2022. ZEP holders in South Africa would have until this date to change to a mainstream visa, providing they qualify for these visas. ZEP holders must ensure they comply with the requirements and provisions of the South African Immigration legislation. Unfortunately those who do not qualify for a mainstream visa will have to leave South Africa or be deported. All the mainstream applications must be submitted, in person, at the VFS office in South Africa. We urge ZEP holders, who did not start the visa process yet, to reach out to us on www.movingsouthimmigration.com, via telephone +27 73 535 7534 or email sue@movingsouthimmigration.com to check your eligibility.
- Visa adjudication delays caused by the Centralization process
Central Adjudication decision In February 2022, the Department of Home Affairs announced that the delegation of adjudication powers will be shifted to the Head Office in Pretoria to minimize the inconsistency within all South African missions abroad. This meant that all long-term visa applications would still be received by these missions, but to be forwarded to Head Office for review as well. Part of the decision was that all short-term visa as well as study visa applications will remain at the missions to be processed. Little did we know what chaos would follow. We are in the month of August with very little outcomes to show since the centralization process commenced. Applicants as well as employers are still anxiously awaiting visa outcomes of applications submitted earlier this year. Spouses cannot join their loved ones in the Republic (unless they submit here) and individuals cannot yet enjoy their retirement in South Africa which they worked so hard for. Previously, processing times were between two (2) and eight (8) weeks - a far cry from the outrageous processing times being experienced currently. With the new processes in place, it has also added further strain on the already overloaded processing teams in Pretoria - which in turn causes a huge delay to the adjudication times of visa applications submitted within South Africa. An unfair, but possible recommendation for future applications At this stage, our strong recommendation would be for applicants and employers to establish a long lead-time with regards to a move to South Africa eg. a 8-12 month expat plan. We are aware that it might not be the most ideal plan, but it would certainly be better for planning purposes. Employers with an immediate need for assignees may look at the Section 11 (2) visa option for 90 days. It must be cautioned, though, that this short-term work visa cannot be used in lieu of preparing the paperwork for a long-term work visa. Please feel free to reach out to us via our website on www.movingsouthimmigration.com to subscribe for the latest updates and possible alternative routes or contact us on +2773 5357 534 or sue@movingsouthimmigration.com to discuss visa options and the timelines attached to these applications.
- The nitty-gritty of Immigration and Compliance
Overview It is often assumed that when one gets issued with a visa or permanent residence (PR), all is good, and one can simply get on with life. We are here to caution both applicant and employer that you need to pay close attention to the conditions attached to the visa and permanent residence as well as the paperwork that you submit with your applications. Here are a few examples of conditions attached to a visa and PR application Employer Undertakings – to notify Home Affairs when an employee left their employment Employer Undertakings – to notify Home Affairs when an employee is no longer employed in the same capacity or position Schools – to notify Home Affairs if the student deregistered, failed to register or when the student completed his or her studies Spouses and own business owners would be issued with conditions attached to their permanent residence in South Africa Conclusion ALWAYS check the conditions on your visa (sticker) and permanent residence (PR) certificate upon issuance. It may save you the costly inconvenience of getting your visa or PR cancelled. It is very important that these conditions be adhered to. For more information about compliance of visas and permanent residence, visit our website on www.movingsouthimmigration.com or contact us on +2773 5357 534 or sue@movingsouthimmigration.com