A temporary residence permit allows a person to stay in South Africa for a limited time.
A person who wants such a permit should apply before coming to South Africa. Application forms are available at any South African embassy or consulate, or direct from the Department of Home Affairs in Pretoria. An application fee will be charged. If the permit is refused there is no review procedure.
There are many different kinds of temporary permits which can be applied for. These are described in the Immigration Act, Sections 11 to 23:
- Visitor’s Permit or tourist visa
This is the easiest permit to get. These visitor’s permits cannot be changed to any other kind of temporary permit. South Africa has visa agreements with certain countries, like the United Kingdom or the United States, which allow residents of these countries to just arrive at South Africa borders and ask for a visitor’s permit. The visitor’s permit is granted for a period up to 3 months.
It may be issued for a longer period for visitors who have financial security and are engaged in specific activities such as research or charitable work.
- Diplomatic Permit
This is issued to an ambassador, minister of a foreign state, career diplomat, or consular officer.
- Study Permit
This is for a foreigner wishing to study for a period longer than 3 months, and who can satisfy prescribed conditions.
- Treaty Permit
This is issued to a foreigner conducting activities in South Africa in terms of an international agreement to which South Africa is a party.
- Business Permit
This is issued to a foreigner who is purchasing, investing in, or establishing a business in South Africa. It can also be granted to members of such foreigner’s immediate family. Prescribed financial contributions apply.
- Crew Permit
This is issued to a foreigner who is a member of a crew of a ship. The crew member has to remain in a predetermined area in terms of this permit.
- Medical Treatment Permit
This is issued to a foreigner who intends to receive treatment in South Africa for longer than three months.
- Relatives Permit
This is issued to the immediate family of a citizen or resident,
- Work Permit
This is very difficult to get unless the employer can prove that every effort has been made to find a South African to fill the position.- Quota Work Permit
The foreigner must fall within a specific professional category; these are proclaimed by the Minister annually. - General Work Permit
This is only valid for the duration of the contract of employment, and certification of continued employment needs to be submitted annually. - Exceptional Skills Permit
Foreign National applicant skills and qualifications which are deemed beneficial to SA development. Valid for 3 years only. This can include the family of the person holding exceptional skills. - Intra-company transfer work permit may be issued to a foreigner required to work in the Republic for a period no longer than 2 years. They are restricted to work for the particular company referred to in the permit.
Foreign spouses of South African citizens are no longer charged a fee for a work permit and it may be applied for in South Africa. The work permit is issued on proof of the existence of the marriage and a work offer. The applicant should have applied for Permanent Residence. This service is currently free of charge.
Life partners in common law or gay relationships should receive the same treatment as married applicants. Because they don’t have marriage certificates, they have to supply affidavits with their applications stating that they are life partners.
- Corporate Permit
A ‘corporate permit’ is applied for by a ‘corporate applicant’ (an employer), and permits the employer to employ foreigners for a documented purpose, and for specified period of time.
The employer who is applying for a corporate permit MUST prove that s/he has previously searched for workers in South Africa and was unsuccessful in finding the required amount of workers in order to receive the permit.
Unskilled workers will need temporary residence permits to enter the country, under a corporate permit.
Skilled workers will need to apply for General Work Permits, under a Corporate Permit.
- Retired Person’s Permit
This is issued to a foreigner who wishes to retire in the Republic of South Africa, provided they have proof of a pension from their country of origin or a minimum prescribed net worth. This is issued for a 4 year period and can be renewed.
- Exchange Permit This is only issued to foreigners not older than 25 years who wish to participate in cultural, economic or social exchange programmes.