Temporary residence visas for South Africa

A temporary residence visa permits a foreign national to reside in South Africa for a finite period. Such period is tied to the validity of the visa and confirms specific activities / purposes. Temporary residence visas are granted under the South African Immigration Act 13 of 2002 and the Immigration Regulations, 2014 (as amended). The visa is conditional — its conditions appear on the visa endorsement and breach of any of them is grounds for revocation.

There is no single 'temporary residence visa' product. The category — Visitor, Spousal, Critical Skills, Business, Study, Retired Person, Medical, Remote Work, General Work — determines the documentary build, the adjudication standard at the Department of Home Affairs, and the renewal pathway. Choosing the right category at the outset is more than half of the work; in our practice the most common cause of rejection is a category mismatch made before the file ever reaches the Department of Home Affairs.

A long term temporary residence visa must be acquired before exploring the option of applying for permanent residence. The long term temporary residence visa must also align with the category under which one wishes to apply for permanent residence. It is therefore advisable to seek guidance from a professional before exploring this avenue.

The nine categories below cover the routes most foreign nationals use to live, work, study or invest in South Africa. Each has its own documentary build, adjudication standard and renewal pathway — selecting the right category at the outset shapes the rest of the matter.

Are broken down into twelve different categories. These categories exceed three months up to a maximum of three years. Below is a list of these twelve categories:

• Academic sabbaticals
• Voluntary charitable activities
• Research
• Accompanying spouses and children accompanying their parents who are in South Africa on temporary residence visas
• Teachers at international schools
• Work in films and advertisements produced in South Africa (including actors, camera men, hairstylist, makeup artists or lighting and sound engineers)
• Foreign journalists sent to South Africa by foreign news agencies
• Visiting professors or lecturers or academic researches
• Artists who write, paint or produce sculptures
• Foreigners involved in the entertainment industry, travelling through South Africa to perform
• Tour hosts and leaders
• For foreigners required to remain in South Africa to testify as state witnesses in criminal court cases

The South African Immigration Act also allows for foreigners to apply for short term work authorization visas in terms of section 11(2) of the Act. Such visa is issued for a maximum duration of three months.

A spousal visa is issued for a maximum duration of three years and can be renewed within South Africa. In order to apply for such visa, the applicant must be the life partner / spouse of a South African citizen or permanent resident. Applying as the spouse is permitted immediately once married. Applying as a life partner requires the applicant to show documentary evidence of shared financial responsibility and cohabitation for at least two years before being eligible to apply. The applicant can also apply for a secondary activity (employment / self employment / study) without complying with the requirements in the Act for those specific temporary residence visas.

Study visas are issued for full time enrolment at a recognised South African institution. A provisional acceptance or acceptance from the learning institution stating the duration of the course. The visa will be issued for the duration of the course of intended study.

Business visas are issued for a maximum duration of three years and can be renewed within South Africa. In order to comply the applicant must make a direct foreign investment into a prospective business enterprise, or in an existing one of no less than R5 million. To confirm eligibility, the following will be required:

• At least 60% of the total staff complement employed 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 (DTIC) must issue a letter regarding both the feasibility of the business and its contribution to the National Interest of South Africa.

Medical treatment visas are issued for a maximum duration of six months and can be renewed within South Africa. In order to comply, a letter from the applicant's registered medical practitioner or medical institution within the Republic will be required. Such letter must confirm:

• that space is available at the medical institution;
• the estimated costs of the treatment;
• whether or not the disease or ailment is treatable or curable;
• the treatment schedule; and
• the period of intended treatment in the Republic.
• The details of, and confirmation by, the person or institution responsible for the medical expenses and hospital fees: (Provided that in a case where the applicant's medical scheme or employer is not liable for expenses incurred, proof of financial means to cover medical costs).

A critical skills work visa is issued for a maximum duration of five years and is renewable within South Africa. The Critical Skills List of 2 February 2022 in conjunction with the publication of Immigration Directive 1 of 2022 and withdrawal of the Ministerial exemption granted to foreign graduates to apply for permanent residence came into immediate effect with no notice. The Critical Skills List was further amended on 2 August 2022 and 3 August 2022 to re-introduced 38 additional professions, all of which relate to specialist medical practice, have been added to the List. On 9 October 2024, the Third Amendment of the Immigration Regulations, 2014 coinciding with the 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 professions fall within the Critical Skills list, however do not meet other requirements applicable since 2022, will be assessed on the PBS.

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 qualifications, annual gross remuneration, verifiable experience, employer trust index status, and language proficiency — the same criteria detailed under the General Work Visa below.

A retired person visa is issued for a maximum duration of four years and is renewable in South Africa. The applicant must demonstrate that they are entitled to a pension 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 48 months (four years). Such funds must not be generated from any form of salary / remuneration.

As of 9 October 2024, applicants can now apply for long term visitor visas issued with the condition to work remotely. Such visa is issued for a maximum duration of three years. Remote work visa applicants are required to prove:

• A foreign employment agreement;
• An annual gross income of no less than R650,796.00.

A general work visa is issued for a maximum duration of five years. With the Third Amendment of the Immigration Regulations, 2014 on 9 October 2024 and 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. Such application can be submitted without having obtained a recommendation from the Department of Employment and Labour (DEL).

Points are accumulated as follows:

• Qualifications: Qualifications of NQF level 7 - 8 are awarded 30 points; Qualifications of NQF level 9-10 are awarded 50 points.
• Annual gross remuneration: Applicants with an annual gross remuneration of R976,194.00 or more are awarded 50 points; Applicants with an annual gross remuneration exceeding R650,796.00 but less than R976,194.00 are awarded 20 points.
• Experience: Applicants with (verifiable) work experience of 5-10 years are awarded 20 points; Applicants with (verifiable) work experience of 10 years or more are awarded 30 points.
• Employer Trust Index: Applicants who are to be employed by Trusted Employers (TES employers) are awarded 20 points.
• Language proficiency: Applicants proficient in at least one of South Africa's official languages are awarded 10 points.

Most applications follow the same structural sequence: determining eligibility, documentary build, submission, adjudication, outcome. The specifics differ by category, but the timeline shape is fairly stable.

Scope confirmation (Day 1 to Week 1):

We confirm the category which best suit the applicants needs, identify any structural obstacles (prior overstays, criminal record disclosures, dependent-child considerations) and produce a written matter plan - visa category, document checklist, expected timeframes and possible risks.

Documentary build (Weeks 2 to 6):

During this phase the applicant collates all required documents. Once collated, we review and ensure compliance of all. The application the gets compiled and prepped for the submission phase.

Submission (Week 6 to 7):

Application lodged at VFS Global, biometrics captured, file numbered. From this point the file is in the adjudication queue.

Adjudication (Weeks 8 to 12, or longer):

The adjudicating officer reviews the file. The adjudicating officer may contact the applicant for additional documentation / information / confirmation, failure to respond may result in a rejection of the application.

Outcome and onboarding:

Once the application has been finalized, we make contact with the applicant and advise accordingly. On approval we walk you through visa conditions, renewal calendar, the path to permanent residence (where applicable), and any reporting obligations.

There has been a consistency of rejection patterns from the Department of Home Affairs. Three recurring grounds account for the majority of refused applications in our experience.

Document Insufficiency:

• Failure to provide sufficient documentary evidence of a spousal relationship;
• Failure to provide a proof of biological relationship to a South African citizen / permanent resident dependent or parent;
• Failure to have reference letters verified; and
• Failure to have documents certified / apostilled, where required.

Misrepresentation:

• The submission of fraudulent documents to the Department of Home Affairs;
• Failing to address a V-Listing status; and
• Failing to address prior visa rejections.

The Department of Home Affairs records are integrated, non-disclosure is unlawful and converts a recoverable issue into a refusal.

Failure to submit in a timeous manner:

• Failing to submit the application 60 days prior to the expiry of the applicant's current visa, where applicable; and
• Failing to submit the application 7 days prior to the expiry of the applicant's current visa, where applicable.