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New applications for long-term temporary residence visas cannot typically be submitted while in South Africa on a visitor's visa. You generally must return to your home country.
However, renewals of existing temporary residence visas, or applications for a change of status or conditions of an existing long-term visa (e.g., adding work rights to a Spousal Visa), can often be applied for from within South Africa through VFS Global.
 

No. Only specific visa categories, such as Work Visas (General, Critical Skills, Intra-Company Transfer), Business Visas, and Spousal/Life Partner Visas (with an endorsement), grant the right to work. A basic Visitor's Visa or Relative's Visa does not permit employment. Study Visas for tertiary students allow part-time work (up to 20 hours/week).

While you can apply yourself, the process is complex, and immigration laws are frequently updated. Using an attorney experienced in South African immigration law can significantly:

  • Ensure your application is complete, accurate, and compliant.
  • Help you choose the correct visa category.
  • Increase your chances of approval.
  • Provide peace of mind throughout the process.

Processing times vary greatly depending on the visa type, the country of application, and the volume of applications at the Department of Home Affairs. While some general processing times are cited (e.g., 3-4 weeks for some temporary visas, 8 weeks or longer for others), it's crucial to apply well in advance, as delays can occur. Permanent Residence Permits often take much longer.

  • Relative's Visa: The South African relative must demonstrate financial support of at least R8,500 per person per month (though exemptions apply for dependent minors).
  • Business Visa: Typically requires a minimum foreign investment of R5 million, though this can be waived for specific critical sectors.
  • Retirement Visa: Requires proof of access to an income of at least R37,000 per month from a pension, annuity, or net worth.
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Temporary Residency Visa Application

Your Gateway to South Africa - Temporary Residence Visas

Considering a stay in South Africa for more than 90 days? Whether for work, study, family, or retirement, securing the correct Temporary Residence Visa is your essential first step. At VDM Attorneys, we specialise in South African immigration law, offering expert guidance to navigate this often-complex process smoothly and successfully.

Legal Definition - A Temporary Residence Visa Application in South Africa refers to the formal legal process by which a foreign national seeks official authorisation to reside in the Republic for a defined, limited period exceeding 90 days, for a specific purpose as prescribed by the Immigration Act 13 of 2002 (as amended) and its accompanying Regulations.

Why Choose VDM Attorneys for Your Visa Application?

South African immigration law is intricate and frequently updated. Our expertise ensures your application is accurate, complete, and fully compliant, significantly increasing your chances of approval.

Our comprehensive services include

  • Notarial Verification Authenticating key documents like birth and marriage certificates.
  • Application Guidance Expert advice on selecting the right visa category and understanding specific requirements.
  • Meticulous Document Preparation Ensuring all paperwork is perfectly formatted and complete for submission.
  • Strategic Legal Advice Guiding you through the process, from initial assessment to final submission, and advising on legal compliance.
  • Professional Representation Acting as your liaison with the Department of Home Affairs, especially for complex cases.

Benefits to You

  • In-Depth Expertise Leverage our deep understanding of immigration law.
  • Higher Success Rates Confidently submit a compliant application.
  • Peace of Mind Know your application is in capable hands.

Understanding Temporary Residence Visas

Generally, for stays longer than three months, new visa applications must be submitted at a South African diplomatic mission in your home country. However, renewals or changes to your visa status can often be applied for from within South Africa.

Here's an overview of common Temporary Residence Visa types

1. Visitor's Visas

  • Under 90 Days (Tourist Visa): For short leisure visits. Some nationalities are visa-exempt.
  • 90-Day Extension (Section 11(1)(a)): Allows you to apply for an additional 90 days if your initial visitor visa permits it.
  • Short-Term Work Authorisation (Section 11(2)): For work or business activities under 90 days; must be applied for outside SA, can sometimes be extended locally.

2. Long-Term Visitor Visas (Up to 3 Years)
For specific purposes exceeding 90 days:

  • Academic sabbaticals, volunteer work, research.
  • Accompanying Spouses/Dependents: For family members accompanying a main visa holder.
  • Specific Professional Activities: Including foreign journalists, visiting academics, artists, entertainers, and tour leaders (often for work contracted with a foreign entity).

3. Family Visas

  • Spousal / Life Partner Visas (Section 11(6)): For spouses or life partners of SA citizens/permanent residents. Issued for up to 3 years. Key benefit: Can be endorsed to allow work, study, or business rights.
  • Relative's Visas (Section 18): For immediate family members (parents, children, siblings) of SA citizens/permanent residents. Maximum 2-year validity. Requires financial support (R8,500/month per person, with some exceptions). Does NOT automatically grant the right to work.

4. Study Visas
For foreign nationals studying at approved South African institutions for over three months.

  • Duration varies by course.
  • Tertiary students may work part-time (up to 20 hours/week).

5. Business Visas
For establishing or investing in a South African business (minimum R5 million investment, potentially waived for critical sectors).

  • Requires a detailed business plan.
  • Involves a two-stage process: initial assessment by the Department of Trade and Industry, then application to Home Affairs.

6. Work Visas
For those seeking employment in South Africa:

  • General Work Visas (Section 19(2)): Requires a firm job offer and proof that no suitable South African candidate could be found (involves a Department of Labour process).
  • Critical Skills Work Visas (Section 19(4)): For individuals with skills on South Africa's Critical Skills List. Can be obtained initially for 1 year without a job offer, then extended for 5 years upon securing employment.
  • Intra-Company Transfer Work Visas (Section 19(5)): For employees seconded from a foreign company to a South African branch. Issued for up to 4 years and generally not renewable from within South Africa.
  • Corporate Visas (Section 21): For companies to employ a specific number of foreign nationals; requires comprehensive corporate undertakings.

7. Retirement Visas
For financially independent individuals wishing to retire or reside in South Africa without working.

  • Requires proof of consistent income (e.g., R37,000/month from pension or equivalent net worth).
  • Granted for 4 years, renewable.

8. Medical Treatment Visas

  • For foreigners seeking medical treatment or rehabilitation in South Africa.
  • Duration is generally limited (e.g., up to 6 months) and can be renewed.

9. Treaty Visas
For individuals participating in activities under international agreements to which South Africa is a party.

General Documentation & Application Process

While each visa type has specific requirements, common documents include:

  • Valid passport, photos, application fees.
  • Police clearance certificates from countries lived in for over 12 months.
  • Medical and radiological reports.
  • Relevant civil documents (birth, marriage, divorce, death certificates).
  • Proof of relationship (for family-based visas).

Where to Apply

  • Initial Applications: Usually at a South African embassy or consulate in your home country.
  • Extensions/Changes: Can be applied for online via VFS Global from within South Africa (at least 60 days before expiry).

Navigate Your South African Visa Journey with Confidence

Choosing to apply for a South African temporary residence visa is a significant decision. The application process, with its intricate legal requirements and ever-evolving regulations, can be daunting. By partnering with VDM Attorneys, you gain more than just assistance with paperwork; you secure a dedicated team committed to your success.

Our deep-rooted expertise in South African immigration law means we anticipate challenges, navigate complexities, and meticulously prepare your application to the highest standards. We offer personalised guidance, ensuring clarity at every step, and act as your trusted advocate, significantly enhancing your application's prospects. Contact us for a consulation.