Temporary Residence Visas - South Africa

Overview

The Immigration Act 13 of 2002 (Chapter 3) establishes multiple categories of temporary residence visas. All temporary visas are applied for either at a South African mission abroad (before arrival) or within South Africa at a VFS Global office (for renewals/changes of status).

Common Requirements for ALL Temporary Visas

• Valid passport (at least 2 blank pages, valid for 30+ days beyond intended stay)
• Completed application form (Form BI-1738)
• Police clearance certificate from countries of residence (12+ months after age 18, in preceding 5 years)
• Medical report (not older than 6 months) - radiological report no longer required since May 2024
• Proof of financial means
• Return/onward travel arrangements (for some categories)
• Passport-sized photographs
• Application fee (varies by category)

---

1. VISITOR'S VISA (Section 11)

Purpose

For foreign nationals visiting South Africa for tourism, business meetings, conferences, or short-term purposes. Does NOT permit employment.

Sub-categories

• Tourist: Leisure, visiting family/friends
• Business: Attending meetings, conferences (not employment)
• Medical: Seeking medical treatment (different from Section 17)

Key Requirements

• Proof of accommodation in South Africa
• Return ticket or proof of onward travel
• Proof of sufficient funds (bank statements, 3 months)
• Yellow fever certificate (if applicable)
• Letter of invitation (for business visitors)

Duration

• Visa-exempt nationals: 30 or 90 days depending on nationality (set by bilateral agreements)
• Visa-required nationals: Up to 90 days
• Can be extended within South Africa for up to 3 additional months

Fees

• Approximately R1,600 (ZAR) for visa-required nationalities
• VFS service fees additional

Visa-Exempt Nationalities

• Approximately 80 countries are visa-exempt for 30-90 days
• See file: 13-visa-exempt-countries.md

Remote Worker Visa (NEW - 2024 Regulation Amendment)

A new sub-category of Visitor's Visa introduced in May 2024:

• Allows foreign nationals to work remotely for a foreign employer while residing in SA
• Minimum annual earnings: R1,000,000 (one million rand)
• Must provide proof of employment with foreign employer
• Must provide proof of medical insurance valid in SA
• Does NOT permit employment by a South African entity
• Can be issued for up to 3 years (or duration of contract)

---

2. STUDY VISA (Section 13)

Purpose

For foreign nationals enrolled at a South African educational institution.

Key Requirements

• Acceptance letter from a recognized South African educational institution
• Proof of payment of tuition fees or proof of a bursary/scholarship
• Medical insurance valid in South Africa
• Proof of sufficient financial means for duration of study
• Parental consent (if under 18, plus birth certificate)
• For minors: vaccination certificate

Duration

• Issued for the duration of the study program
• Renewable for the duration of studies

Work Rights

• Study visa holders may work for up to 20 hours per week during term time
• May work full-time during official vacation periods
• Work must not interfere with studies

Important Notes

• Must maintain enrollment - cancellation of studies invalidates the visa
• Institution must report dropout/completion to DHA
• Can change institutions (requires application to DHA)

---

3. TREATY VISA (Section 14)

Purpose

For foreign nationals entering South Africa under international treaties or agreements.

Key Requirements

• Proof of entitlement under the relevant treaty
• Support documentation as required by specific treaty

Duration

• As prescribed by the relevant treaty

Notes

• Relatively uncommon
• Used for specific bilateral or multilateral agreements

---

4. BUSINESS VISA (Section 15)

Purpose

For foreign nationals intending to establish or invest in a business in South Africa.

Key Requirements

• Capital Investment: Minimum R5,000,000 (five million rand) in foreign direct investment
  • May be reduced or waived for businesses in priority sectors (DTIC determination)
• DTIC Recommendation: Letter from the Department of Trade, Industry and Competition confirming:
  • Business is viable and beneficial to SA economy
  • Business will employ at least 60% South African citizens or permanent residents
• Business Plan: Comprehensive plan including:
  • Nature of business
  • Financial projections
  • Job creation plans
  • Skills transfer component
• Registration: Business must be registered with CIPC (Companies and Intellectual Property Commission)
• SARS Tax Compliance: Tax clearance certificate

Duration

• Initially issued for up to 3 years
• Renewable

DTIC Application Process (2025 Update)

• Applications now submitted via the online Business Visa Recommendation System (VRS)
• Processing time: approximately 45 working days
• Online system live from 10 March 2025
• No emailed applications accepted from 1 April 2025

Pathway to PR

• Business visa holders can apply for permanent residency under Section 27(c) after establishing the business

---

5. CREW VISA (Section 16)

Purpose

For foreign nationals employed as crew members of vessels or aircraft calling at South African ports.

Key Requirements

• Employment as crew on a vessel/aircraft
• Proof from employer/shipping company
• Valid crew identification

Duration

• Limited to duration of vessel/aircraft's stay in port
• Generally short-term

---

6. MEDICAL TREATMENT VISA (Section 17)

Purpose

For foreign nationals seeking medical treatment in South Africa.

Key Requirements

• Confirmation of medical condition and need for treatment in SA
• Letter from a South African hospital/medical practitioner confirming treatment arrangement
• Proof of ability to pay for medical treatment
• Medical insurance or proof of funds for medical costs
• Proof of accommodation during treatment

Duration

• Duration of medical treatment
• Can be extended if treatment ongoing

---

7. RELATIVE'S VISA (Section 18)

Purpose

For foreign nationals who are relatives of South African citizens or permanent residents.

Qualifying Relationships

• Spouse
• Life partner
• Child (dependent)
• Parent
• Sibling
• Other relatives (grandparent, grandchild, etc.)

Key Requirements

• Proof of relationship (marriage certificate, birth certificate, etc.)
• Financial requirement: South African sponsor must demonstrate minimum R8,500/month per person
• Undertaking by the South African relative to support the applicant
• Medical insurance

Duration

• Issued for up to 2 years
• Renewable as long as qualifying relationship remains valid

Work Rights

• Relative's visa does NOT automatically confer work rights
• Spouse/life partner may apply for endorsement to work
• Must apply separately for work authorization

Spousal Visa Specifics

• For spouses of SA citizens or permanent residents
• Marriage must be legally recognized in South Africa
• DHA may investigate authenticity of marriage
• Good faith marriage requirement

---

8. GENERAL WORK VISA (Section 19(2))

Purpose

For foreign nationals with a confirmed job offer from a South African employer, where the position cannot be filled by a South African citizen or permanent resident.

Key Requirements (Post-October 2024 - Points-Based System)

• Minimum 100 points under the new points-based system
• Job offer: Confirmed offer of employment from a South African employer
• SAQA evaluation: Foreign qualifications evaluated by SAQA
  • If SAQA evaluation pending: 12-month visa issued, renewable for full 5-year period once SAQA complete
• Points scoring factors: Qualifications, salary, experience, language, employer status
• Department of Labour certificate: WAIVED as of 2024/2025 amendments
  • Previously required a certificate confirming no suitable SA candidate available
  • This requirement has been officially dropped

Duration

• Up to 5 years
• Renewable

Salary Requirements (linked to points)

• Above R976,194 gross per annum: 50 points
• Between R650,796 and R976,194: 20 points

Important Changes (2024)

• Labour market test (Department of Labour certificate) waived
• Points-based system replaces previous subjective assessment
• See file: 04-points-based-system.md for full scoring details

---

9. CRITICAL SKILLS WORK VISA (Section 19(4))

Purpose

For foreign nationals possessing skills or qualifications on the Critical Skills List.

Key Requirements (Post-October 2024)

• Minimum 100 points under points-based system
• Occupation on Critical Skills List: If on the list, automatically receives 100 points
• SAQA evaluation: Foreign qualifications evaluated by SAQA (NQF Level 6 minimum)
  • If SAQA pending: 12-month visa issued (Ministerial waiver)
• Professional body registration: Required for regulated professions
  • If registration pending: proof of application accepted initially
  • Must complete registration within 12 months
• Confirmation letter: Written confirmation from SAQA-recognized professional body confirming skills and post-qualification experience

Duration

• Up to 5 years
• Renewable

Key Advantage Over General Work Visa

• No employer-specific: Can work for ANY employer in the relevant field
• No labour market test: Not required to prove no SA candidate available
• Occupation on Critical Skills List = automatic 100 points
• Direct pathway to permanent residency under Section 27(b)

SAQA Process

• Foreign qualification evaluation takes 3-6 months
• Must meet or exceed NQF Level 6
• Ministerial waiver allows 12-month visa while awaiting evaluation

Professional Body Registration

• Required for regulated professions (doctors, engineers, accountants, etc.)
• Registration takes 3-6 months
• Can apply for visa with proof of pending registration
• Must complete within 12 months of visa issuance

---

10. INTRA-COMPANY TRANSFER WORK VISA (Section 19(3))

Purpose

For foreign employees of multinational companies being transferred to a South African branch, subsidiary, or affiliate.

Key Requirements

• Employment with foreign entity: Must have worked for the foreign entity for at least 6 months
• Qualifying positions: Executives, managers, or specialists
• Skills transfer plan: Plan outlining how skills will be transferred to SA citizens/PR holders
• Employer undertaking: Company must undertake to reimburse DHA for deportation costs if necessary
• Proof of relationship: Between the SA entity and foreign entity (parent-subsidiary-affiliate)
• Employment contract: For the SA assignment

Duration

• Up to 4 years maximum
• NOT renewable - but may be extended if originally issued for less than 4 years
• After 4 years, must leave SA or apply for different visa category

Key Advantages

• No labour market test: Not required to prove no SA candidate available
• No points-based system: Exempt from the 100-point requirement
• Fastest processing for corporate transfers

Limitations

• Maximum 4 years total
• Must maintain relationship with foreign entity
• Specific to the transfer arrangement

---

11. CORPORATE VISA (Section 21)

Purpose

For South African employers to bring in multiple foreign workers under a single block allocation.

How It Works

• An SA employer applies for a Corporate Visa (block allocation)
• DHA approves a set number of foreign workers the employer can bring in
• Individual foreign workers then get visas under the corporate allocation
• Simplifies process for employers with ongoing foreign worker needs

Key Requirements for the Employer

• Must be a bona fide South African business
• Must demonstrate need for foreign workers
• Must show efforts to recruit South African citizens first
• Must maintain at least 60% South African citizens/PR holders in workforce
• Must comply with immigration and labour laws
• Immigration compliance audit may be required

Key Requirements for Individual Workers

• Must meet the skills requirements for the position
• Standard documentation (passport, police clearance, medical)
• Employment contract with the SA employer

Duration

• Corporate visa issued to employer (typically 3 years, renewable)
• Individual worker visas tied to corporate allocation

Compliance Obligations

• Employer must maintain records of all foreign workers
• Must report changes (terminations, new hires) to DHA
• Subject to inspection and audit

---

12. RETIRED PERSON'S VISA (Section 20)

Purpose

For foreign nationals who wish to retire in South Africa.

Key Requirements

• Financial requirement: Minimum R37,000 per month income from:
  • Pension fund, OR
  • Irrevocable retirement annuity, OR
  • Combination of assets generating equivalent monthly income
• Medical insurance: Private medical insurance valid in SA covering full duration of stay, including hospitalization and emergencies
• Proof of accommodation: Where applicant will reside

Duration

• Up to 4 years
• Renewable

Work Rights

• Does NOT confer work rights
• Retired person's visa holders may not work in South Africa

Pathway to PR

• Can apply for permanent residency under Section 27(e) (retired persons) or Section 27(f) (financial independence)

---

13. EXCHANGE VISA (Section 22)

Purpose

For foreign nationals participating in cultural, economic, or social exchange programs.

Key Requirements

• Under the age of 25 years
• Participation in a recognized exchange program
• Sponsorship or endorsement by the exchange program

Duration

• Up to 1 year
• Limited work rights (connected to exchange program only)

Limitations

• Age restriction (under 25)
• Work only within scope of exchange program
• Maximum 1 year

---

General Application Process

Where to Apply

• Outside SA: At South African embassies/consulates or VFS Global offices
• Inside SA (renewals/changes): At VFS Global offices in South Africa
• ePermit system: Some applications can be submitted online at ehome.dha.gov.za

VFS Global

• DHA has outsourced application handling to VFS Global
• VFS collects applications, biometrics, and documents
• VFS does NOT make decisions - DHA adjudicates
• Premium services available (faster processing, courier delivery)
• Offices across South Africa and at SA missions abroad

Processing Flow

1. Applicant submits application at VFS Global with required documents
2. VFS forwards application to DHA for adjudication
3. DHA processes the application
4. Decision communicated back through VFS
5. Applicant collects passport/outcome from VFS

Common Grounds for Refusal

• Incomplete documentation
• Failure to meet prescribed requirements
• Prohibited person (Section 10)
• Security concerns
• Misrepresentation or fraud
• Failure to meet points threshold (for work visas)
• Failure to demonstrate financial means

Appeals

• Applicants may appeal a refusal to the Director-General
• Must be lodged within 10 business days of receiving the refusal
• Can also pursue judicial review in the High Court

Change of Status (Within SA)

• Foreign nationals legally in SA can apply to change visa status
• Must apply before current visa expires
• Application at VFS Global office
• Must meet all requirements for new visa category