The Immigration Act says that every person who is not a South African citizen and who wants to come to South Africa must come in through a legal ‘port of entry.’ That means a border crossing by road or railway, or an airport, or a seaport where there is proper border control with immigration officials and police persons as well as customs officials. This is applicable for entering and departing the Republic.
People who enter otherwise are illegally present in the country and if they are found they will be deported.

To enter South Africa legally a person must have a valid passport from their country, or a certificate applied for and issued by the Department of Home Affairs. Such persons must also have some kind of permit to enter South Africa. If this is not the case, their passport must be valid for not less than 30 days after the expiry of their intended stay. There are two kinds of permits: permanent residence/ immigration permits and temporary residence permits (legislation makes provision for no less than 13 types of temporary residence permits).

PERMANENT RESIDENCE

This permit allows a person to live permanently in South Africa while remaining a citizen of another country. According to the Immigration Amendment Act this permit can be issued on condition that the holder is not prohibited (because of disease, outstanding conviction, previous deportation, association with terrorism or possession of fraudulent permits/passport) and not undesirable (declared incompetent, unrehabilitated insolvent, fugitive from justice or previous criminal convictions). In some instances such as in the instance of a scarce skill, a person who wants such a permit should apply before coming to South Africa. Sometimes a person who is here on a temporary work permit will be allowed to apply for an immigration permit while they are already here.

The other permits that they are on must still be valid. There are four ways of obtaining a permanent residence permit. If the person:

• Has been the holder of a work permit for five years and has received an offer for permanent employment
• Has been the spouse of a South African citizen or permanent resident for 5 years
• Is a child under the age of 21 years and born of a permanent resident
• Is a child of a South African citizen

The application forms are available at any South African embassy or consulate, or directly from the Department of Home Affairs in Pretoria.

A fee is charged on application for a permanent residence. Contact the local Department of Home Affairs office to confirm the fee amount.

The following documents (where applicable) must be submitted with the application:

• A full set of fingerprints
• Marriage certificate/proof of spousal relationship, if applicable
• Divorce decree/proof of legal separation, if applicable
• Proof of custody/maintenance, if applicable
• Death certificate in respect of a late spouse, if applicable
• Consent of parents in respect of minors, if applicable
• Proof of judicial adoption, if applicable
• Police clearance certificates in respect of all countries in which you resided for a period of one year or longer since your 18th birthday
• A valid temporary residence permit, if you are already residing in South Africa

When the application is received by Home Affairs, it is sent to a regional committee of the Immigrants Selection Board in the province where the applicant wishes to live. The members of these regional committees and of the Board as a whole are not officials of any government department but are independent individuals. The committee will investigate the application.
The applicant must be:

• Of good character
• A ‘desirable inhabitant’ of South Africa
• Not likely to take a job for which there are enough South Africans available

The committee will give special consideration to the following applications, but there is still no ‘right’ to be granted the permit:

• Someone who is the aged or destitute or disabled dependant of a permanent resident, provided that the permanent resident concerned has enough money to support the dependants
• The husband or wife of a South African citizen or a permanent resident

The Constitutional Court has said South Africans have a right to live in the country that they were born in with the partner of their choice. This means the government cannot refuse to give immigration permits to foreign-born spouses (husbands or wives) of South African citizens.

In terms of the 2014 amendments to the Immigration Act, foreign spouses in possession of a visitor visa could not change their status while they were still in South Africa. This meant that if they wanted to apply for a change of status after entering South Africa on a short-term visa, they would have to return to their home country to make the application and wait there until they got the relevant visa. This provision also applied to minor children having to return to their country of origin to make the application. This legislation was challenged in the Constitutional Court and in 2019 the Court ruled that foreign spouses and minor children of South African citizens or permanent residents who had visitor visas did not have to return to their home country to apply for their long-term visa but could do this directly in South Africa. This means that the foreign spouse of a South African citizen or permanent resident permit holder may now apply for a spousal visa in South Africa as long as they have a valid visa.

The Court has also said that the Department of Home Affairs may not refuse to issue work permits to foreign-born spouses of South African citizens unless they have a very good reason. Therefore spouses and dependants of South African citizens do not pay for an immigration application (Permanent Residence). People who have entered into a civil union in terms of the Civil Union Act, 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 stating they are life partners with their applications.

If the committee grants the permit, it may make it a condition that the person works and lives in the province concerned for at least 12 months.

If the permit is refused, the applicant may ask the Central Board to review the provincial committee’s decision but it does not have to. Legal advice is necessary to see if there can be any court challenge to the decision.

Withdrawal of a permanent residence permit can take place in circumstances including the following:

• If convicted of any listed offences
• Has been absent from the republic for more than three years unless exempted
• Has not taken up residence in the Republic within one year of the issuance

TEMPORARY RESIDENCE PERMIT

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 directly 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 that can be applied for. These are described in the Immigration Act, Sections 11 to 23:

• Visitor’s Visa 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’s 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 Visa

This is issued to an ambassador, minister of a foreign state, career diplomat, or consular officer.

• Study Visa

This is for a foreigner wishing to study for a period longer than 3 months, and who can satisfy prescribed conditions.

• Treaty Visa

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 Visa

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 Visa

This is issued to a foreigner who is a member of the crew of a ship. The crew member has to remain in a predetermined area in terms of this permit.

• Medical Treatment Visa

This is issued to a foreigner who intends to receive treatment in South Africa for longer than three months.

• Relatives Visa

This is issued to the immediate family of a citizen or resident [2023CCUpdate] and is issued for a fixed two-year period which can be extended. It requires a South African relative to show they can financially support the foreign relative over the two-year period. This visa does not allow the foreign relative to work in South Africa.

• Work Visa

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.

Critical Skills Work Visa (CSWV)

The CSWV is a permit issued to applicants who have exceptional skills or qualifications that are scarce in South Africa. It replaces the Exceptional Skills and Quota Work visas.

Applicants for a CSWV must complete the Department of Home Affairs online form. It cannot be submitted by hand. Go to the Department of Home Affairs website: www.dha.gov.za for a list of the requirements for a CSWV.

In 2022 a new Critical Skills List was published and the visa is issued in terms of this List. The list looks at occupations that are in high demand and those that are scarce according to the Department of Higher Education and Training (DHET).

An offer of employment is not required when you apply for a CSWV but you will only be issued with a visa for one year to allow you to find employment within your Critical Skills category. You immediately qualify for permanent residency once you have been offered permanent employment in an occupation that appears on the Critical Skills List.

The CSWV is valid for up to five years and it can be renewed in South Africa. The visa holder’s spouse and dependent children can also be issued with a visa that is valid for the same period as the CSWV.

• Employees who have been holding a Quota Work Permit are allowed to continue using this visa until it has expired. After this, they need to apply for a South African work permit or Critical Skills Work Visa. They can do this in South Africa.

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.

• 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 a specified period.
The employer who is applying for a corporate permit MUST prove that they have previously searched for workers in South Africa and were unsuccessful in finding the required amount of workers 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 Visa

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.

• Exemption Permits – Nationals of Zimbabwe and Lesotho

The Minister of Home Affairs created Exemption Permits to allow asylum seekers from Zimbabwe and Lesotho temporary entry for business, study or work. Initially, the Department set the ZEP status to expire in December 2022 but has extended this deadline and has published new policies regarding Zimbabwe Exemption Permits (ZEPs) and Lesotho Exemption Permits (LEPs) mostly to do with their expiration dates and application methods.

Automatic extensions
Nationals of Zimbabwe who were granted Zimbabwe Exemption Permits (ZEPs) in 2009 and nationals of Lesotho who were issued Lesotho Exemption Permits (LEPs) in 2019 will have the validity of their Exemption Permits automatically extended until December 31, 2024. These nationals now benefit from an automatic extension of their immigration status which will save costs and time linked to extending this status.

Initial ZEP and LEP applicants applying after November 29, 2023
Initial LEP and ZEP applicants who applied for these permits on or after November 29, 2023 will automatically be granted a new validity period ending on November 29, 2025. Those people applying for initial ZEPs and LEPs can now apply through the VFS Globa online portal https://www.vfsglobal.com/ZEP/SouthAfrica/zimbabwean_special_exemption.html. Previously they could only apply in person at the Department of Home Affairs. This will result in an easier and faster application process for these applicants.

Exemption permit holders are allowed to stay, work and seek employment opportunities and conduct business in South Africa during the validity of the exemption permit.

Exemption permit holders are not allowed to apply for permanent residence or change their immigration status in South Africa during the validity of the Exemption Permit.

It is not certain whether there will be another extension of Exemption Permits after 31 December 2024 for current LEP and ZEP holders, and after 29 November 2025 for new LEP and ZEP applicants.