VISA TYPES

South African law provides for two kinds of visa categories temporary and permanent. A temporary status is called a visa and a permanent residence dispensation is called a permit.

GENERAL WORK VISA

CHANGES: With the publication of 9 October 2024 of the Third Amendment of the Immigration Regulations, 2014 coinciding with the simultaneous publication of the Ministerial Waiver for general work visas, a Point-Based System (PBS) has been introduced that allows for applicants that meet a minimum point-based score of 100 points to qualify for a general work visa without having to obtain a reccomendation from the Department of Employment and Labour (DEL). The point based system recognizes points based on: 1) Qualifications: qualifications that meet an NQF level 7 -8 are awarded 30 points; qualifications that meet an NQF level 9-10 are awarded 50 points. 2)Value of the annual gross remuneration: applicants whose annual gross remuneration is R976,194.00 or more are awarded 50 points; 3)Years of work experience: Applicants who can demonstrate work experience of 5-10 years are awarded 20 points; 4)Employer Trust Index: Applicants who are to be employed by Trusted Employers (TES employers) are awarded 20 points. 5)Language proficiency by the applicant in at least one official language awards 10 points. A supporting contract/offer of employment remains mandatory for all general work visa applications. For those general work visa applicants, who do not meet the minimum 100 points score to waive the DEL recomendation, the requirement stands.

CRITICAL SKILL WORK VISA

CHANGES: With the publication of 9 October 2024 of the Third Amendment of the Immigration Regulations, 2014 coinciding with the simultaneous publication of the Ministerial Waiver for critical skills work visas, applications for critical skills work visas will be processed based on a Point-Based System (PBS). Applicants need to meet a minimum point-based score of 100 points to qualify for a critical skills work visa. Applicants who comply in full with the requirements for a critical skills work visa as per the 2022 List are awarded 100 points. Applicants whose occupations fall within the Critical Skills List that do not meet all other requirements otherwise applicable since 2022, will be assessed on the PBS which recognizes points based on: 1) Qualifications: qualifications that meet an NQF level 7 -8 are awarded 30 points; qualifications that meet an NQF level 9-10 are awarded 50 points. 2) Value of the annual gross remuneration: applicants whose annual gross remuneration is R976,194.00 or more are awarded 50 points; applicants whose annual gross remuneration is over R650,796.00 (but under the R976,194.00) are awarded 20 points. 3)Years of work experience: Applicants who can demonstrate (verifiable) work experience of 5-10 years are awarded 20 points; applicants who can demonstrate (verifiable) work experience of 10 years or more are awarded 30 points. 4)Employer Trust Index: Applicants who are to be employed by Trusted Employers (TES employers) are awarded 20 points. 5)Language proficiency by the applicant in at least one official language awards 10 points. A supporting contract/offer of employment remains mandatory for all critical skill work visa applications.

INTRA-COMPANY TRANSFER VISA

The intra-company work transfer visa entails the following: The applicant is employed, outside of South Africa, by a foreign corporate entity for at least the past six months;The foreign corporate employer requires to transfer the applicant to its South African branch, subsidiary or “affiliate” corporate entity registered and operating;A plan is developed for the transfer of skills to a South African citizen or permanent resident who will replace the foreign applicant upon his or her departure from the Republic at or before the expiry of such visa. An intra-company transfer work visa is issued for a maximum period not exceeding four years and is not renewable.

RELATIVE VISA

A relative visa is a long-term visa which can be issued to the relative (within the second step of kinship)of a South African citizen or permanent resident who intends to take up residence in South Africa. A relative visa is issued in terms of section 18 of the Immigration Act for a period of up to two years. South African relative requires to give sufficient financial assurance to the Department of Home Affairs that he or she can financially sustain the foreign relative for the duration of the visa. This requires no less than R8,500.00 per month per foreign relative. A relative visa does not allow its holder to work whilst in South Africa.

SPOUSAL VISA

The Immigration Act provides for two specific types of temporary residence visas which a foreign “spouse” of a South African person may apply for: 1) Relative visa This visa is issued for a fixed two year period, extendable. It requires a South African spouse to demonstrate the availability of at least R8,500.00 per month; to support the foreign relative over the two year period. This visa does not enable the foreigner to take up any form of work in South Africa. 2) Visitor Visa This visa is issued for up to three years at a time, extendable. The Applicant can apply for any type of business, work or study authorization on this visa without having to comply with the normal application requirements stipulated in the Immigration Act for those temporary residence visas. For spouses and parents of South African citizens/ permanent residence holder changing status now possible from within South Africa. The South African Immigration Act recognizes as spousal relationships good faith life-partnerships that have existed for at least two (2) years that meet the criteria of exclusivity, cohabitation and mutual financial and emotional support.

RETIRED PERSON VISA

The Immigration Act enables a foreign person to apply for a retired person visa for up to four years on condition that the foreigner demonstrates that he or she is entitled to a pensions or irrevocable annuities for the rest of his or her life from the country of his or her origin, or from assets he or she may own, realizing no less than R37,000.00 per month for the following 48 months. The retired person permit holder may apply to the DHA for permission to conduct work on such a visa, and such authorisation is granted at the discretion of the DHA.

BUSINESS VISA

The Immigration Act enables a foreigner to apply for a business visa for a maximum duration of three years (extendable) on the basis of a foreign direct investment into a prospective business enterprise, or in an existing one, on the basis of a R5 million foreign investment. Such a visa is issued subject to the following: At least 60% of the total staff complement employed in the operations of the business is South Africans employed permanently in various positions. The business must be registered with the South African Revenue Service, Unemployment Insurance Fund, Compensation Fund for Occupational Injuries and Diseases and The Companies and Intellectual Property Commission (where applicable). The Department of Trade and Industry and Competition must issue a letter regarding both the feasibility of the business and its contribution to the National Interest of South Africa.

VISITOR VISA

The Immigration Act provides for 12 different types of visitor visas exceeding three months up to a maximum of three years. These visitor visa categories are:
1. Academic sabbaticals;
2. Voluntary or charitable activities;
3. Research;;
4. Accompanying spouses and children accompanying their parents who are in South Africa on temporary residence visas;
5. Teachers at international schools;
6. For any work in films and advertisements produced in South Africa (including actors, camera men, hairstylist, makeup artists or lighting and sound engineers)
7. Foreign journalists sent to South Africa by foreign news agencies;
8. For visiting professors or lecturers or academic researches; 9. Artists who wish to write, paint or produce sculptures;
10. For foreigners involved in the entertainment industry, travelling through South Africa to perform;
11. Tour hosts and leaders;
12. For foreigners required to remain in South Africa to testify as state witnesses in criminal court cases.

REMOTE WORK VISA
(digital nomad visa)

This visa is issued in terms of section 11(1)(b)(iv) of the Immigration Act for up to 3 years at a time and can be renewed. The remote work visa relies on a foreign employment agreement pursuant to which the applicant can demonstrate receipt of a gross annual remuneration of no less than the equivalent of R650,796.00. Holders of a remote work visa residing in South Africa for more than 183 days a year are subject to the fiscal residence test based on physical residence as any other foreigner.

PERMANENT RESIDENCE PERMIT

South African law provides for two kinds of visa categories temporary and permanent. A temporary status is called a visa and a permanent residence dispensation is called a permit.

A foreigner on a short-term tourist visa cannot apply for permanent residence in South Africa.

According to the Immigration Act, there are specific permanent residence permit categories that an applicant can fall under:

1) You are eligible to apply for permanent residence if have been in possession of work visas for at least the past five consecutive years, with a permanent job offer secured in South Africa. A minimum of five years work permits need to have been endorsed in a passport. Intra-Company Transfer work visas are excluded and are not considered for this purpose.

2) You are eligible to apply for permanent residence If you have been espoused (by marriage or life-partnership) to a South African citizen or permanent resident for at least five years.

3) You qualify to apply for permanent residence if you are the child, under the age of 21, of a citizen or permanent resident.

4) You qualify to apply for permanent residence if you are the child of any age of a citizen.

5) You are eligible to apply for permanent residence if you hold a critical skills work visa, as per Critical Skills List published in the Government Gazette, AND you have accrued at least five years of post-qualification experience (not necessarily related to the critical skills).

6) You may be eligible to apply for permanent residence on the basis of your intended investment in an existing South African business or if you intend to establish and invest in South African business. This investment should be no less than R5 million, or a lesser amount as agreed by the DHA should the business enterprise fall within one of the prescribed National Interest sectors of the South African economy.

7) You may be eligible to apply for permanent residence on the basis that you have held refugee status in South Africa for at least the past five years. For this purpose you will require obtaining a certification from the Refugee Standing Committee confirming that you will remain a refugee indefinitely.

8) You may be eligible to apply for permanent residence on the basis of your receipt of pensions or irrevocable annuities for the rest of your life.

9) You are eligible to apply for permanent residence on the basis that you can demonstrate your net worth to be equivalent to no less than R12 million AND undertake to pay to the DHA a non-refundable once off fee of R120,000.00 upon the approval of your application.

Useful documents:

Immigration Directive NO 4 of 2025:
Extension of temporary concession for foreign nationals due to processing delays of appeals and certain manual applications.
(pdf)

Extension of temporary concession in respect of Foreing Nationals in light of a backlog in processing outcomes on Waiver Applications, Visa Applications and Appeal Appications.
(pdf)

Appeal_Directive_2024
(pdf)

Department of International Relations & Cooperation Ministerial Immigration Directive No. 10 OF 2024
Implementation of the Based System.
(pdf)

Waiver letter – General work visa – 8 Oct 2024.
(pdf)

Waiver letter – Critical Skills work visa – 8 Oct 2024.
(pdf)

Immigration Directive to Missions – no 9 of 202 – 8 Oct 2024.
(pdf)

Gazette Third Amendment of the Immigration Regulations 2014
(pdf)

Department of Home Affairs – General Work VISA Waiver: Subregulations 18(3)(a) Requirements on Issuance of a letter from the department of Employment and Labour and proof of qualification evaluated by SAQA: Holders of validly issued Zimbabwe exemption Permints (“ZEP”).
(pdf)

New Minister of Home Affairs – Dr Leon Schreiber Extends temporary visa concessions
(pdf)

Immigration-Directive-No.-5-of-2023
(pdf)

Circular of temporary measures in respect of foreign nationals in light of a backlog experienced in processing outcomes on waiver and visa applications ( March 2023)
(pdf)

Critical Skills List October 2023
(pdf)

Critical Skills List Final August 2022
(pdf)

Waiver for Business visa sectors
(pdf)