Smith & Co Immigration South Africa

12/08/2024

📢 Announcement for ZEP holders!

Minister Schreiber of the Department of Home Affairs has issued a blanket waiver, waiving the requirements for a recommendation letter from the Department of Labour and evaluation of qualifications by the South African Qualifications Authority (SAQA) for ZEP holders applying for General Work Visas.

These 2 processes added significant hurdles and uncertainty surrounding the processing of General Work Visa applications by ZEP holders.

Waiving these requirements aims to simplify the General Work Visa application process for ZEP holders.

The Waiver does not automatically grant the issuance of a General Work Visa as the prescribed requirements for such an application must still be met.

Applicants are urged to submit their applications as soon as possible before 29 November 2024.

For further information or assistance, contact us: https://smithcolaw.co.za/contact/

View the Directive here below.

04/07/2024

CONCESSION UPDATE: DHA MINISTER EXTENDS CONCESSION TO 31 DECEMBER 2024

Please be informed that Minister Leon Schreiber of the Department of Home Affairs (DHA) released a statement regarding the extension of the blanket concession whereby he has extended it until 31 December 2024 for those with long-pending waivers, temporary residency visas, and appeal applications.

A formal Directive is yet to be issued, however, in terms of the statement by the Department, this means that:

- Applicants who have long-pending waiver applications as of 30 June 2024 and are still awaiting their outcomes, have been afforded a further extension until 31 December 2024.

- Applicants who have pending long-term visa applications as of 30 June 2024, have been afforded a further extension until 31 December 2024. The long-term visa applications include those of Visitor Visa Section 11(1)(b), Section 11(6), Business Visas, Study Visas, Relative’s Visas, and Work Visas.

- Applicants who have long-pending appeal applications for long-term visas have been granted an extension on their current status until 31 December 2024. The long-term visa categories’ applications that have been afforded the extension are Visitor Visa Section 11(1)(b), Section 11(6), Business Visas, Study Visas, Relative’s Visas, and Work Visas.

- Applicants who are required to travel during this period and are visa exempt, may do so using their VFS receipt and a copy of the concession. Those who have a pending appeal application must additionally show a copy of the rejection letter with the former mentioned documents.

- Applicants who are required to travel during this period and are not visa exempt, may leave South Africa without receiving a ban but are required to apply for a visitor’s visa from the South African Embassy abroad to be able to return and enter South Africa to await or collect their outcome.

- Applicants who have long-pending applications for either a waiver, visa, or appeal, may abandon their application before or by 31 December 2024 and leave South Africa without being declared undesirable.

- Short-term visa holders issued in terms of Section 11(1)(a) for 90 days or less, and who have applied for a renewal but have not received their visa renewal outcome, are requested to make the necessary arrangements to leave South Africa within 90 days from the date of expiry of the principal visa to avoid being declared undesirable when leaving.

- This concession applies to applicants who have submitted an application via the VFS Global before or on 30 June 2024 and can provide an original VFS receipt to that effect.

- For PR applicants, this concession only applies if you have applied for a temporary residency visa before or on 30 June 2024. We remind you that you need to maintain your temporary residency status while your PR is pending and encourage you to monitor your expiry to apply for the renewal of your visa at least 60 days before expiry.

View the statement here: https://www.dha.gov.za/index.php/statements-speeches/1782-new-home-affairs-minister-dr-leon-schreiber-extends-temporary-visa-concession-to-safeguard-applicants-from-adverse-consequences-caused-by-processing-delays

The DHA is custodian, protector and verifier of the identity and status of citizens and other persons resident in South Africa. This makes it possible for people to realize their rights and access benefits and opportunities in both the public and private domains. By expanding these services to margi...

04/04/2024

SOUTH AFRICAN IMMIGRATION UPDATE: AMENDED IMMIGRATION REGULATIONS 2024

The Department of Home Affairs (DHA) released the Second Amendment of the 2014 Immigration Regulations on 28 March 2024, albeit these amended Regulations were released a day before the deadline for public comment and do not appear to have any changes from the initial draft published.

The notable changes in the amended Regulations remain:

* Spouses and children of South African citizens or Permanent Residency (PR) holders may apply for a change of status within South Africa from a Visitor’s Visa. This has now officially been Gazetted based on Directive no 7 of 2019.

* Parents of children who are South African Citizens or PR holders may apply for a change of status within South Africa.

* The incorporation of the remote working visa which inter-alia requires:
- An applicant must be employed by a foreign employer.
- An applicant must earn no less than the equivalent of R1 000,000.00 (One Million Rand) per annum.
- An applicant who has been issued a remote working visa that has been issued for longer than 6 months within a 12 month period, must register with SARS. Those who are issued for 6 months or less within a 12 month period, do not need to register with SARS.

* Critical Skills Work Visas may be issued for 1 year where proof of application for registration with a SAQA-recognised professional body has been provided, but a final registration certificate has not yet been received.
- The above is also applicable to other visa categories that require registration with SAQA-recognised professional bodies such as Corporate Work Visas and Business Visas, where applicable.

*Work visas in terms of Section 19 of the Immigration Act must also be adjudicated in terms of a points-based system. This system will consider the following factors, which include, but are not limited to:
- Age
- Qualifications
- Language skills
- Work experience
- Offer of employment
- Ability to adapt in South Africa

* Furthermore, the removal of radiological reports as a requirement for visa and permit applications and the reduction of the period required for police clearance certificates to countries the applicant has resided for longer than 12 months in the 5 years preceding the application for temporary residency and permanent residency applications, have officially been Gazetted in terms of the Directive issued in 2023.

Certain sections of the Regulations remain unclear and may likely need to be guided by the Department during the preparation of application(s).

Should you require assistance with your temporary- or permanent residency application(s), please contact us on [email protected].

22/12/2023

DHA UPDATE! CONCESSION EXTENDED UNTIL 30 JUNE 2024

Please note that the Department of Home Affairs (DHA) has extended the blanket concession to 30 June 2024 for those who have long-pending waivers, temporary residency visas, and appeal applications. This means that:

• Applicants who still have long-pending waiver applications as of 30 November 2023, have been afforded a further extension until 30 June 2024.

• Applicants who still have pending long-term visa applications as of 30 November 2023, have been afforded a further extension until 30 June 2024. The long-term visa applications include those of Visitor Visa Section 11(1)(b), Section 11(6), Business Visas, Study Visas, Relative’s Visas, and Work Visas.

• Applicants who have long-pending appeal applications for long-term visas have been granted an extension on their current status until 30 June 2024. The long-term visa categories’ applications that have been afforded the extension are Visitor Visa Section 11(1)(b), Section 11(6), Business Visas, Study Visas, Relative’s Visas, and Work Visas

• Applicants who are required to travel during this period and are visa exempt, may do so using their VFS receipt and a copy of the concession. Those who have a pending appeal application must additionally show a copy of the rejection letter with the former mentioned documents.

• Applicants who are required to travel during this period and are not visa exempt, may leave South Africa without receiving a ban but are required to apply for a visitor’s visa from the South African Embassy abroad to be able to return and enter South Africa to await or collect their outcome.

• Applicants who have long-pending applications for either a waiver, visa, or appeal, may abandon their application before or by 30 June 2024 and leave South Africa without being declared undesirable.

• Short-term visa holders issued in terms of Section 11(1)(a) for 90 days or less, or until 30 November 2023, and who have applied for the renewal of their short-term visa and have not received an outcome by 23 February 2024 are requested to make the necessary arrangements to leave South Africa on or before 29 February 2024, so as to not be banned/declared undesirable.

• This extension applies to applicants who have submitted an application via the VFS Global before or on 30 November 2023.

• For those who have submitted after 30 November 2023, please pay attention to your visa expiry dates should you like the freedom to travel whilst awaiting your outcome. If the backlog persists, we hope that you will be included in the following concession, which issuance will be at the discretion of DHA and will be communicated.

• For PR applicants, this concession only applies if you have applied for a temporary residency visa before or on 30 November 2023. We remind you that you need to maintain your temporary residency status whilst your PR is pending and encourage you to check your expiry so as to apply for the renewal at least 60 days before expiry.

12/12/2023

Dear Valued Clients and Followers,

Please be advised that our offices will close on 14 December 2023 and reopen on 08 January 2024.

It has yet again been a tumultuous year in the South African Immigration sphere, and we wish to thank you for your continued patience and support!

Wishing you a blessed and safe festive break!

Best wishes,
Smith & Co Immigration Team

16/10/2023

IMMIGRATION UPDATE: GHANA & SA NATIONALS CAN TRAVEL VISA-FREE

On 13 October 2023, the Republic of South Africa and the Republic of Ghana entered into an agreement on a visa waiver regime allowing citizens of both countries to travel visa-free.

The recent notice indicates that as of 01 November 2023, travelers will be permitted to transit, stay, and depart through the territory of both countries for a cumulative period of 90 days.

Travelers will not be allowed to work during their time in either territory.

For more information or assistance, contact us on [email protected].

04/10/2023

South African Immigration Update: DHA Updated the Critical Skills List:

On 3 October 2023, DHA published an updated Critical Skills List with additional categories and some proviso notes and amendments.

What is different on this new list?

The prominent changes on the new Critical Skills List include:

- The inclusion of categories of Veterinarians and Veterinary Nurses.

- University Lecturers are no longer subject to registration with SAQA recognised professional bodies, however, a letter of support from the Dean / Head of Faculty or School or University Registrar will be required. These applicants must specify their subject classification per the Critical Skills Technical Report (Annexure 2).
- Candidate Engineers may now also apply for Critical Skills Work Visas, provided that they will be working under the supervision of qualified professionals, as required.

The Critical Skills List, previously comprised of 140 occupations, but has now been updated to 142 occupations.

Contact us on [email protected] for assistance or further information.

08/06/2023

ZIMBABWEAN EXEMPTION PERMITS (ZEP) EXTENDED UNTIL 31 DECEMBER 2023

On 7 June 2023, the Minister of the Department of Home Affairs has decided to extend the validity of the Zimbabwean Exemption Permits (ZEPs) issued to Zimbabwean nationals from 30 June 2023 to 31 December 2023.

This extension is granted to allow ZEP holders additional time to apply for waivers and visas under which they may qualify for in terms of the Immigration Act.

Furthermore:

• Holders of valid ZEPs may not be arrested, ordered to depart or detained during this period.
• Holders of ZEPs are allowed to depart and enter the country provided that they comply with the requirements for departure from and entry into the country.

We implore those who have not yet applied for waivers and/or visas to not wait until the last minute to do so and utilise this extension by the Department as to apply for status.

Contact us on [email protected] should you require assistance with your application for a waiver or visa application.

06/06/2023

SMITH & CO NEWSLETTER | JUNE 2023

There have been plenty of developments across the South African immigration landscape during the first half of 2023, and many to look forward to. Our latest newsletter talks about these developments, noticeable trends with the Department of Home Affairs, as well as upcoming implementations.

Have a read here: 👇🏻

17/04/2023

DHA UPDATE: DHA WAIVES REQUIREMENT OF RADIOLOGICAL REPORT & NOW ONLY REQUIRES POLICE CLEARANCES FOR THE LAST 5 YEARS

released its latest directive in an effort to streamline the administrative processes and requirements for those wishing to apply for temporary residency visas or permanent residency permits.

This directive waives the requirement of a radiological report (form BI-806), which means that this report is no longer required for a temporary residency visa application or an application for permanent residency.

It further partially waives and adjusts the requirement of police clearance certificates.

Previously, applicants who wished to apply for temporary residency visas or permanent residency permits were required to submit police clearance certificates from each country they have resided for 12 months or more since their 18th birthday. However, this requirement has now been adjusted, whereby applicants are required to submit the police clearance certificates only from the countries they have resided for 12 months or more, for the last 5 years before date of application only.

Contact us if you require assistance with your temporary residency visa or permanent residency application on [email protected].

29/03/2023

DHA UPDATE: EXTENSION OF BLANKET CONCESSION UNTIL 31 DECEMBER 2023 | PENDING LONG-TERM TEMPORARY VISA- AND WAIVER APPLICATIONS

South African visa applicants are advised that the Department of Home Affairs has extended the blanket concession to 31 December 2023 for those who have pending long-term temporary residency visa and waiver applications. This means that:

- Applicants with pending long-term visa applications or waivers are allowed to remain in the country until 31 December 2023 while awaiting their outcomes.

- Applicants who are required to travel during this period and are visa exempt, may do so using their VFS receipt.

- Applicants who are required to travel during this period and are not visa exempt, may leave South Africa without receiving a ban but are required to apply for a visitor’s visa from the South African Embassy abroad to be able return and enter South Africa to await or collect their outcome.

- Those who are on short term visas of 90 days or less and have applied for the extension of their visas, but have not received their outcome by 31 March 2023, are asked to make the necessary arrangements to depart on or before 30 April 2023 to avoid being declared undesirable. We do not anticipate this to affect those who have recently submitted applications for the extension of their short-term visas and who do not fall part of the backlog, as due process is expected to be followed.

We should anticipate that this is the final extension of the blanket concession and hope that the Department will use this period to clear the backlog that has unduly affected many individuals.

The updated circular can be found here: http://www.dha.gov.za/index.php/notices/1660-temporary-measures-in-respect-of-foreign-nationals-in-light-of-a-backlog-experienced-in-processing-outcomes-on-waiver-applications-and-visa-applications?fbclid=IwAR24B9oMgoq4NQciAlUMrG4a7036ENh65G61VR_db8LazH9vI3zu8GKNcdQ

The DHA is custodian, protector and verifier of the identity and status of citizens and other persons resident in South Africa. This makes it possible for people to realize their rights and access benefits and opportunities in both the public and private domains. By expanding these services to margi...

13/01/2023

DEPARTMENT OF HOME AFFAIRS UPDATE!

Please note that effective from 01 February 2023, now requires that South African Citizens or Permanent Residency holders who are party to a spousal relationship relating to Relative’s Visa or Visitor’s Visa Section 11(6) applications, will be required to be present at the VFS on the day of submission.

The South African spouse will be required to sign supporting letters in front of VFS officials for authenticity purposes.

Additionally, applicants and South African spouses are required to provide recent passport sized photos with the applications.

For more queries or assistance, contact us on [email protected].

13/01/2023

Dear Clients and Members,

We wish you a warm welcome back and all the best for the year of 2023! Our office has fully reopened, and we are excited to see what the immigration landscape holds for us this year.

Please do contact us should you be in need of any immigration assistance: [email protected].

29/11/2022

Dear Valued Clients and Members,

Please be advised that our offices will be closed from 15 December 2022 and reopening on 09 January 2023.

It has yet again been an interesting year in the South African Immigration sphere, and we wish to thank you for your continued support!

We remain available for any queries or assistance pertaining to South African visa applications before the closure of our offices and implore that you submit your visa application or renewals in good time to allow sufficient processing time by the DHA.

Please feel free to contact us on [email protected] for any assistance.

28/09/2022

SOUTH AFRICAN IMMIGRATION UPDATE

The latest update from the Department of Home Affairs (DHA) indicates that any long-term visa applications submitted abroad between 12 January 2022 and 31 August 2022 will now continue to be processed by in South Africa.

We urge those that submitted long-term visa applications abroad to continue to follow up with their relevant Embassy in terms of the outcome of the applications.

Contact us on [email protected] for any information or assistance.

22/09/2022

ATTENTION ZEP HOLDERS!

There are 9 months left for ZEP holders to apply to the Department of Home Affairs (DHA) for another type of visa before the expiry of ZEPs comes into effect.

To determine if you qualify to apply for another type of visa, waiver or exemption, we may assist with a FREE assessment when receiving the following documents:

- Copy of your passport page
- Copy of your current ZEP
- Copy of your CV, if available
- Brief description of your background and future intentions in South Africa

We expect that DHA will be receiving a high influx of applications, and we recommend applying as soon as possible to try and receive your outcome before 30 June 2023.

Please send the above documents and information to [email protected] for assessment and guidance.

21/09/2022

Home Affairs Mobile services from 21-24 September 2022 at Menly Mall in Pretoria

09/09/2022

DHA CONCESSIONS EXTENDED UNTIL 31 MARCH 2023

Due to the impact of the current backlog the Department of Home Affairs is experiencing, they have decided to extend the current blanket concession from 30 September 2022 to 31 March 2023 for foreign nationals who are still in the country and –

✅Have a pending waiver application with DHA. These applicants will be allowed to legally remain in the country until their waiver applications have been processed and they will be able to submit their applications for the appropriate visa applications if the waiver has been approved.

✅Have long-pending visa applications. These applicants will be allowed to remain in the country in terms of their current visa status until 31 March 2023 and are not permitted to perform any activities aside from their current visa conditions.

✈️ Applicants who wish to abandon their waiver or visa applications, may do so and depart South Africa before or on 31 March 2023 without being declared undesirable.

✈️ Applicants with long-pending visa applications, who do not wish to abandon their applications, but need to travel, may do so when presenting the original VFS receipt at the ports of entry. Those who come from visa exempt countries, may be re-admitted on their visa exempt status, however those who are restricted, must first obtain a port of entry visa before being re-admitted.

Should you require any further information or assistance, please contact us on [email protected].