Archive from September, 2022
Sep 29, 2022 - Business Permit    No Comments

Waiver Letter Immigration South Africa for Visas or Permit

SA Migration – 29 September

What is a waiver?


The immigration act for South Africa allows for the Minister of Home Affairs to waive certain requirements of the act. Once the requirement has been waived, an individual or corporation will be exempt from that requirement in that instance. In layman’s terms that means that the minister has the authority through the immigration act to waive a specific requirement. In order to be granted the waiver, an applicant must have a “good cause” to be granted.

Your application for a waiver must be 100% sound and have good reasoning as the good cause must convince the Department of Home Affairs as to why they need to make an exemption for you. The applicant must prove that there is sufficient evidence to waive the requirement or form and then the Department of Home Affairs shall determine to either grant or refuse the waiver.

A scenario of when to use one:

  1. Apply to reduce the cost of the required amount for the investment amount of R 5 million for a business visa if you received a positive outcome from the Department of Trade and Industry.
  2. When an applicant is not able to apply for a police clearance certificate.
  3. Apply to waive the Department of Labour certificate.
  4. A business may apply for a blanket waiver for the same requirement for the corporate visa.
  5. An applicant may not be able to travel back to his or her country of residence to apply for a temporary residence visa.

If you have been declared an undesirable person in South Africa and been banned then you need to apply to have your name cleared before returning to South Africa. I wrote an article not too long ago called “What is the penalty for overstaying in South Africa“, this will give you more context if you have been banned from South Africa.

How do I get a waiver letter in SA?

There are two ways to get a letter for your specific case.

Option 1:

Typing out the letter yourself and then printing it to include in your application.

So now you might be thinking “how on earth can I type this letter for Home Affairs myself?” 

Some guidelines to assist you:

  • Use formal language 
  • choose your words wisely
  • acknowledge the reader and thank them for their time
  • Proofread your letter

Remember that when typing out the letter that you are seeking a waiver and detail out the reasons why you feel that a certain regulation should be waived for you.

The following tips will help you:

  1. Ensure that your reasons for the waiver are valid.
  2. Your letter should not be emotional, only stick to the facts.
  3. Avoid writing about topics that is not relevant to your situation.
  4. Steer clear from any form of complaint.
  5. Ensure that your letter is easy to understand and makes sense in English.

Option 2:

You can make use of an immigration agent that renders immigration services for South Africa. The immigration agency will handle everything for you and they have vast experience when dealing with applications and will have numerous waiver templates that they could use. They are highly specialized and have experience in assisting many different families and individuals through the process. They understand the process and know exactly how to draft the letter for you so that your application stands the best chance when it gets to the Department of Home Affairs. You might be thinking “How much does an immigration lawyer cost in South Africa?” This depends if you make use of an immigration consultant or lawyer.

How long does a Waiver take to get approved in South Africa?
 

The waiver for a visa application submitted in South Africa can take between 4-7 months to be processed by the Department of Home Affairs. This is definitely a long time and therefore applicants must apply for this before their visa expires. The applicant must be in possession of a valid temporary residence or valid status in South Africa in order to submit the application.

The waiver must be submitted through VFS in South Africa and therefore you would need to navigate to their website to schedule an appointment to submit.

How can we help you , please email us to info@samigration.com whatsapp message me on:

 +27 82 373 8415, where are you now? check our website : www.samigration.com

Please rate us by clinking on this links :

Sa Migration Visas

https://g.page/SAMigration?gm

Alternatively , please contact us on :

Whatsapp  Tel No : +27 (0) 82 373 8415 – ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490 

Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages )
Tel No sales : +27 (0) 74 0366127 – ( Whatsapp calls only – No Messages )

www.samigration.com

Sep 29, 2022 - Business Permit    No Comments

Immigration Interview for marriage South Africa

SA Migration – 29 September

As a foreigner in South Africa, getting married to a South African citizen means that there are certain processes that you need to follow before you decide to tie the knot with your partner. A marriage officer will not be allowed to marry you and your partner and you will not be allowed to register your marriage at the Department of Home Affairs.

What are the requirements for a foreigner to marry a South African?

  • What are the requirements for a foreigner to marry a South African?
    • The Requirements:
      • 1.Letter of non-impediment
      • 2. Visit Visa
      • 3. Schedule an Appointment with the Department of Home Affairs
  • What questions do they ask at a marriage interview?


The requirements are straightforward and nothing that you need to particularly worry about. There is one particular document that you need to obtain way in advance in your country of residence.

The Requirements:

  • Letter of non-impediment
  • A visit visa to be legally in the country
  • Schedule an appointment with the Department of Home Affairs

1.Letter of non-impediment

Before coming to South Africa you need to apply for a letter of a non-impediment in your country of residence or if you are in South Africa already then you need to apply for this at the embassy/consulate in SA. The letter of non-impediment just confirms to the Department of Immigration that you are not married in your country of residence. This letter permits you to get married in South Africa to your partner and have the wedding of your dreams. If your letter of non-impediment is written in a different language then you must have it officially translated into English by a sworn translator.

Not all countries issue the letter of non-impediment like the United Kingdom and in this instance, you would need an official letter stating this.

2. Visit Visa

You need a valid visit visa to enter the country and certain countries are exempt from applying for a visit visa and certain countries need to apply for a visit visa at a South African embassy or consulate. Remember that you might need to extend your visa as the remaining days on your visa could not allow you to complete all the things you need to do. Avoid overstaying your visa as this could lead to you being banned from South Africa. Our post explains it all: What is the penalty for overstaying in South Africa on an expired visa.

If you need to apply for a temporary residence visa, then you can make use of an immigration practitioner  or lawyer There are many advantages in using an immigration practitioner  and many times one of the advantages are waiver letters for immigration in South Africa.

3. Schedule an Appointment with the Department of Home Affairs

Once you have received and complied with the above mentioned, then your next step as a couple is to schedule an appointment with the Department of Home Affairs (regional office) for a marriage interview before your wedding takes place. You might receive an appointment within three weeks depending on how busy DHA is then.

What questions do they ask at a marriage interview?


From my experience, many people have mentioned that basic questions are asked when you are at the interview and nothing to be anxious and nervous about. One thing I should mention is that you are both interviewed separately.

So these are the basic questions that clients have reported back to me:

  • How did you meet your partner?
  • How long have you been together with your partner?
  • Do you love your partner?
  • Why do you love your partner?
  • Have you met your partners family?
  • What’s your partner’s date of birth?
  • Does your partner have kids?
  • What are their names?
  • Where does your partner stay in SA?

The aim of the interview is for the immigration officer to confirm how genuine your relationship is with your partner or in plain simple terms how real is your relationship with your partner. DHA needs to confirm that your relationship is not fake and for purposes of obtaining a spousal visa which leads to permanent residence and eventually to citizenship. There are people out there who are trying to game the system.

Web Sites : www.sami.co.za
                   www.samigration.com

Sep 29, 2022 - Business Permit    No Comments

Work Visa South Africa for Zimbabweans

SA Migration – 29 September 2022

ZEP Visas Renewal 2022 – Will not be renewed Expired 30 June 2022

This post has been personalized towards Zimbabwean nationals who are currently using the Zimbabwean Exemption Visa (ZEP) and what options are available to them.

The Department of Home Affairs on the 29th of November 2021 issued a directive that they would no longer renew the ZEP visa and applicants currently on the ZEP visa have been granted a grace period up until 30 June 2023.

The Department of Home Affairs granted this grace period to allow Zimbabwean nationals to legalize their stay in South Africa through the various ways mentioned in the immigration Act 13 of 2002.

This means that all ZEP holders have until the end of the year to apply for a visa they qualify for.

A devastating blow from the Department of Home Affairs as there are a huge amount of ZEP visa holders in South Africa which some would not qualify for a visa.

Sadly if you do not qualify for a visa then two scenarios can play out:

  • You need to return to Zimbabwe
  • If you refuse to return and have not applied for a visa then you’ll be deported back to Zimbabwe.

We are urging all ZEP holders to take the time now to apply for a temporary residence visa / visa so that can legalize their stay once the grace period is over.

Visas for Zimbabweans in South Africa

  • Visas for Zimbabweans in South Africa
  • So what are my options:
    •  

Now I’d like to discuss how ZEP holders can find ways to qualify for a visa and what they need to do.

Those who hold qualifications such as degrees and are experienced would most arguable stand a greater chance of receiving a visa.

The Department of Home Affairs is trying to protect the South African labour market and such first needs to look out for South African citizens and permanent residents.

Working without a work visa in South Africa can have dire consequences.

So what are my options:

Critical Skills Visa:

Home Affairs earlier this year released the latest critical skills occupation list and if your application is listed then you can potentially qualify for the critical skills visa.

The visa is valid for 5 years and leads to permanent residency.

What are the qualifying criteria?

  • Currently working in the same profession as nominated on the critical skills list or received a job offer.
  • Registered with a professional body, council or board.
  • In possession of qualification as stipulated on the CSV list.
  • SAQA certificate.

Applicants must start the application process now so that they can submit the application in time.

You need to register with a professional body and assessing your skills and qualifications can approximately take between 1 – 3 months on average depending on the number of applications received then.

Home Affairs is experiencing a huge backlog due to COVID-19 and thus once your visa is submitted it can take anything between 5-to 7 months to receive an outcome.

General Work Visa:

The general work visa is potential the most stringent work visa which is another option if you are not listed on the critical skills list.

When applying for this visa you need to prove that the company that you work have explored all avenues before awarding you with the job offer.

So in layman’s terms, you need to prove that your occupation and experience are hard to find in South Africa, meaning that the business could not find a suitable SA citizen or permanent resident.

What are the qualifying criteria for the visa?

  • Currently working or been offered a job.
  • Department of Labour certificate.
  • SAQA certificate.

The general work visa is valid for 5 years or valid for the length of your contract if it’s less than 5 years.

If you are an unskilled worker for a company that you work for and play a pivotal role within the company then you can think of first submitting a waiver to waive the requirement for the Department of Labour certificate.

Submitting a waiver means that your company needs to motivate the reason why they need you and losing you would be devastating for the company. The application needs to be convincing and your employer should be willing to assist you in this instance.

The waiver takes about 5 months or more before an outcome is received.

We, therefore, urge you to compile the application for a general work visa whilst preparing the waiver application to speed things up.

It is not guaranteed that the waiver application would be successful but this is a chance that you would need to take.

If the application is successful this means that you are allowed to apply for the general work visa without the need of including the DOL certificate.

You can qualify for permanent residency.

Corporate Work Visa:

The corporate work visa used by large corporates to bring in a determined amount of foreign applicants can be another option for ZEP holders.

The qualifying criteria:

  • The company must have been issued a corporate visa.

The downfall about this particular visa is that you can’t renew them. You would need to leave the country and then try to get an alternative visa.

Many corporates often have a corporate visa to employ a large amount of foreign I.T professionals which is hard to find in South Africa.

This visa does not qualify you for permanent residency.

Life Partner Visa with Working Rights:

A ZEP visa holder who is in a relationship with a South African citizen or permanent resident can put in an application with DHA.

This is a 2- year visa and can be extended before it expires.

There are many advantages to this life partner visa and less daunting than the above work visas:

  • You can add working rights or study rights or business rights.
  • Qualifies for permanent residency.
  • Not as difficult as the work visa application process

If you want to know how submit a life partner visa extension South Africa then you can read the post.

What are the qualifying criteria:

  1. There is a 2-year cohabitation requirement. You need to prove that you have stayed together for 24 months by providing a lease for example.
  2. Show shared financial responsibilities.

Spousal Visa with Work Rights:

If you are married to a South African citizen or permanent resident then you can apply for a spousal visa.

This is a 2-year visa and can be renewed.

Applicants qualify for permanent residency when their marriage hits the 5-year mark.

You have the option to add work rights or business rights or study rights.

Business Visa:

ZEP visa holders who have started their own business in South Africa can qualify for a business visa.

The business should not be classified as prohibited and you need to show that you have invested R 5 million within your business.

The qualifying criteria:

  • Invest 5 million within your business
  • Employ at least 60% South African citizens or permanent residence

You can submit a waiver to DHA to waive the 5 million requirements, however, you need to motivate why they need to waive the amount. You have to mention what impact the business and you might suffer should you have to close permanently.

Student Visa:

If you or your kids are studying or attending school in South Africa then you can submit an application for a student visa.

The student visa provides you or your kids with legal status to study in the Republic.

The qualifying criteria:

  • Acceptance from a recognized Education institution

Once again start prepping now so that you have enough time.

Can I add my family to my work visa?

You can add immediate family members such as your spouse and kids which are not of school-going age.

The disadvantage of the accompanying spouse dependent visa is that your spouse is not allowed to work at all.

To work, they must qualify for their visa in their own right as per the sections above.

Children who are of school-going age must transfer over to a student visa.

My employer wants to relieve me of my services?

You need to have a conversation with your employer that you are in the process of applying for a visa.

Educating them about the process should help clear any confusion around the topic and make your intentions clear that you are applying for the correct visa.

You need to speak to them and let them know that they are a crucial part of the process as they need to provide the following:

  • A written undertaking from your employer stating that they will ensure that your passport will always be valid whilst you are employed by them.
  • Your employer must furnish their particulars such as the proof of registration of the business (CIPC)
  • An undertaking from your employer to inform the Director-General should you not comply with provisions of the Act or the conditions of your visa.
  • Undertaking from your employer to notify the Director-General when you are no longer employed by them or when you are employed in a different capacity within the current company.

So working with your employer is vital to getting your visa and they help motivate the case.

SA Migration can assist you

The government won’t be renewing the ZEP visa and you have until the 31st of December 2022 to get a visa. Failure to do so means you have to travel back to Zimbabwe to live there permanently or you might be deported.

Month by month time is ticking away.

Our immigration service for South Africa is just perfect for you. You can complete a free assessment and we would tell you if you qualify.

Web Sites : www.sami.co.za
                   www.samigration.com

Sep 27, 2022 - Business Permit    No Comments

Immigration Agents South Africa

SA Migration – 27 September 2022

What does an immigration consultant do?

Table of Contents

  • What does an immigration consultant do?
    • Does South African Immigration Consultants need to be registered to assist me?
    • Am I guaranteed a visa through a South African Immigration Agent?
    • What can a migration agent do for me?
    • Is it necessary to make use of a South African Immigration Consultant to apply for visas or permits?
    • I’ve Been Scammed Before and really don’t trust an Immigration Consultant?

South African Immigration Agents or South African immigration consultants are individuals who assist you in applying for any South African visa type or permit.

You may have used an immigration agency before or choose not to make use of one depending on the budget. The use of an immigration firm means you were assigned an immigration agent or immigration consultant to handle your visa application.

Before the Department of Home Affairs introduced the new immigration act in 2014, Immigration practitioners had to register and complete an exam in order to assist clients.

The new immigration act of 2014 saw section 46 repealed and amended. This means that DHA does not recognize Immigration practitioners any longer and that anyone can handle your application.

Does South African Immigration Consultants need to be registered to assist me?

No. The withdrawal of section 46 meant that DHA gave anyone the right to practice South African immigration.

An association was created out of the need to engage with DHA. This informal association called FIPSA (Forum of Immigration Practitioners of South Africa) now regulates South African immigration practitioners.

It’s not a requirement to register with them in order to practice SA immigration, however one may sign up out of free will and write an exam with them to be certified.

There are many immigration agents who are not registered, and this does not mean that their visa service is not up to a high standard.

You still need to do due diligence when making use of an immigration agent in South Africa or a South African immigration consultant.

Being registered with FIPSA means that all members need to adhere to their set of rules and regulations. Should they not live up to their standards, then you may lay a complaint with FIPSA.

Ultimately the decision lies with you as to whether you’d like to make use of a FIPSA registered immigration practitioner.

Am I guaranteed a visa through a South African Immigration Agent?

No. No one can guarantee you a South African visa if they do run as far as possible. Nothing in life is guaranteed other than death and taxes.
A visa application maybe 100% correct according to the requirements and DHA may reject your visa. This happens all the time and the only difference is that a South African immigration consultant will have the experience to handle the matter moving forward and get the desired result.

There are no tricks or special means to get your visa approved or fast-tracked.

What can a migration agent do for me?

The South African immigration agent can do the following for you:

  • Offer immigration advice
  • Be transparent about costs and visa processes
  • Prepare your visa application
  • Prepare you for the visa submission
  • Notify you of the outcome of your visa
  • Keep you updated with the latest news

What they are not allowed to do for you:

  • Forge visa documents for the desired result
  • Present inaccurate information
  • Use your personal information for personal gain or against you
  • Pay someone inside Home Affairs to get your visa

South African immigration consultants should always act in an ethical way with each person they offer advice to. Immigration consultants must always have your best interest at heart and must always be honest with their clients about the visa process.

Is it necessary to make use of a South African Immigration Consultant to apply for visas or permits?

No. You can apply for your South African visa on your own. There are many people who choose not to make use of migration agents when applying for a visa or permits.

The use of an immigration agent means spending more money which certain people do not have the budget for.

The drawbacks of not using one may lead to a negative visa outcome and time wasted. Many people end up submitting the wrong visa documents or applying for the wrong visa.

Through years of experience, a migration agent may have some ethical tricks up their sleeve for different visas and can keep you updated with the latest news.

If the budget allows you to make use of an immigration consultant, I recommend making use of one. This allows you to focus on the things you need to be focusing on whilst the immigration practitioner prepares your application for submission.

Which visas can a South Africa immigration agent assist you with?

  1. Business visa – Start a business in the Republic
  2. Critical skills work visa 
  3. General work visa
  4. Intra-company visa
  5. Corporate work visa
  6. Life partner visa
  7. Permanent residence
  8. Relatives visa
  9. Retirement visa
  10. Spousal visa
  11. Study visa

I’ve Been Scammed Before and really don’t trust an Immigration Consultant?

That’s always a shame when people take your hard-earned money and scam you when thinking you are applying for a visa.

There are a few things you could do before making use of an immigration agency:

  • Check that they are a registered company in South Africa?
  • Do they have testimonials?
  • Are they on social media?
  • Do they have any complaints on hellopeter?
  • Do they have a proper company email address and not a Gmail or Yahoo email account? 

If you have recently been scammed my best advice would be to make a case with the South African Police department and present them with all evidence and explain what services they were supposed to render to you.

Always apply due diligence when making use of any immigration practitioner’s services and asking as many questions about the different visas you’d like to apply for.

Keep in mind that a South African immigration consultant should never charge you a services fee to see if you qualify for a South African visa.

It’s unethical to charge an individual just to find out if they qualify for a visa.

An ethical immigration agency or consultant will only charge once you decide if they should handle your application for you. They should have terms and conditions which you can request to read.

Another key point is how long it takes for them to reply to you. Communication is key in this game and taking forever to return calls or emails should be a red flag for you.

Completing your own visa process can be a blessing or a nightmare. There are many things you need to consider and using a South African immigration agent can ease the pressure.

They can educate a prospective employer on your behalf or keep your prospective employer in the loop for example.

Remember that Immigration agents are human too and from time to time make mistakes. What makes it worthwhile is knowing that they will still assist you even when you receive a negative outcome. An immigration agent should look to achieve that positive result for you.

SA Migration will offer you a free assessment and let you know if you qualify or not. We will not take on your case if we feel that you do not qualify. Use our website to fill in our free assessment form. We’ll make contact with you to discuss your options. 

Should you not qualify, we don’t mind taking that extra minute or two to tell you how you could possibly qualify in future. 

We hate pressuring people to come on board as clients, instead if we feel that we would have a great working relationship and you feel comfortable then we’ll be happy to take you on as a client after your assessment.

www.samigration.co.za

Sep 27, 2022 - Uncategorized    No Comments

Working without a work visa in South Africa

Many foreign nationals leave their country to seek a better life in South Africa or immigrate to join their spouse, life partner or family. People who live in Africa leave their homes due to many reasons such as; poverty, fear for their lives and finding a job in a different country to support their families back home. A popular choice for foreign nationals is South Africa and as such seek employment when they have arrived in the country. In most cases, the foreigner in question does not qualify to apply for a South African work visa or any other type of visa and is therefore stuck in the dilemma to work without a work visa to survive.
If you are wondering how much does a work visa cost in South Africa, contact us
Today we focus on blogging about everything you need to know as an individual (employee) or business (employer) and what the consequences are when you employ a foreign national illegally. We suggest that you bookmark this post so that you are always in the know as we constantly work to improve this post with the best facts possible.
Who is defined as an illegal worker?
Table of Contents
o Who is defined as an illegal worker?
• Can you employ someone without a work visa?
o What are the visa options for applicants?
• What are the consequences of hiring illegal immigrants in South Africa?
• What is the fine for employing illegal workers in South Africa?
o So how are the amounts determined or how are you sentenced to prison?
• Can I employ a Zimbabwean without a work visa?
• Do illegal workers have any rights?
1. A person who has not entered South Africa through one of its official ports and presenting the necessary documents.
2. A person who is not undertaking the same job as endorsed in the visa.
3. A person who is not using a work visa in SA.
Can you employ someone without a work visa?
No, you are not allowed to employ someone without a South African work visa as this is illegal and the company or person can be fined or face imprisonment. The responsibility falls on the employer when they decide to employ a foreigner and the law does not penalize the foreigner for accepting or working with no visa.
It’s not an offence when you do the following:
• Accepting a job offer with a visa
• Signing a contract without a visa
Employers must remember that a foreigner who is employed without a work visa or whose work visa expires during his or her employment is still regarded as an employee of the company. The labour relations act stipulates that an employer may not dismiss a foreigner due to an expired visa or who is employed without a work visa.
An accompanying spouse may not work in South Africa, therefore there is no accompanying spouse work visa in South Africa. Accompanying spouses must apply for their own work visas.
Therefore it’s best to ask the foreign applicant whether he or she is in the process of applying for a visa or the company can offer to assist the person in obtaining a work visa, provided they qualify for a South African work visa. This way the employer is not held responsible and caught off guard when the Department of Home Affairs investigates the company or the foreigner. You should not assist a foreigner if they are illegal.
Employers need to verify the immigrant’s status when they produce a work visa and our guide: “How to spot a fake work visa in South Africa“, this guide will give you all the tips you need to look for when looking at a visa.
If the applicant does not qualify for a visa, the next option would be for them to apply for an asylum or refugee visa but this can take a while before they the visa for this.
What are the visa options for applicants?
1. General work visa South Africa
2. Intra company transfer visa
3. Critical Skills Visa
4. Corporate Workers Visa
What are the consequences of hiring illegal immigrants in South Africa?
The immigration act of South Africa stipulates that anyone who knowingly employs foreign applicants without work visas will be in direct violation of the act and will be fined or might face imprisonment which will not exceed 12 months for their first offence.
It is easy to get caught by the Department of Home Affairs, one of the company’s employees might report this and DHA will visit your workplace unannounced. This is why you should always follow the correct procedure even though it might take longer but it’s the best way to stay on the right side of the law and prevent any legal proceedings.
Therefore it is important to ensure that all foreign employees’ visas or visas are valid and that they are taking responsibility to renew their visas before it expires. When applying for a work visa, the company drafts an undertaking letter to DHA ensuring that at all times they’ll ensure that the applicant’s visa remains valid.
The Department of Home Affairs has over the past few years cracked down on employers who are illegally employing foreigners which is has stemmed from audits and investigations into suspected companies. Do not at any moment expect that DHA is ignoring the fact there are many illegal workers in SA and they are slowly but surely approaching it on a case by case basis.
What is the fine for employing illegal workers in South Africa?
The employer will be fined anything between R 7000.00 to R 50, 000.00 per illegal worker and as previously mentioned the employer can be arrested for 12 months or more depending on the severity of the case.
So how are the amounts determined or how are you sentenced to prison?
• An employer would need to prove that he or she was unaware that the applicant in question was an illegal foreigner. You need to prove to the Department of Home Affairs that you thought the immigrant was an ordinary South African citizen.
• Assisting an illegal foreigner in one of the following ways would increase the severity of your case: helping them obtain false or forged identification, giving them a place to stay or teaching them a particular skill.
• Not telling the truth.
Can I employ a Zimbabwean without a work visa?
A Zimbabwean who would like to work in South Africa must have a valid work visa or be a permanent resident holder. The Minister of Home Affairs decided that they will not renew the ZEP visa for Zimbabweans and that they had a 12-month grace period to regularise their stay through the normal immigration laws of South Africa.
So all Zimbabweans have 12 months to switch from their current ZEP visa to a South African temporary residence visa or they need to leave the country to return to Zimbabwe.
To stay on the right side of the immigration law, we recommend that you verify if they have a valid work visa and if not then make use of an immigration consultant to assist both the company and individual in applying for the correct visa.
Do illegal workers have any rights?
Many employers often employ illegal foreigners thinking that an illegal worker can be mistreated or underpay them significantly. The thought behind this is that they cannot seek assistance from the government or CCMA. Illegal workers can seek assistance from CCMA to seek recourse. If an employer is found guilty then compensation might be the best solution for the CCMA as reinstating the employee is a direct contravention of the immigration act.
How can we help you , please email us to info@samigration.com whatsapp message me on:
+27 82 373 8415, where are you now? check our website : www.samigration.com

Please rate us by clinking on this links :
Sa Migration Visas
https://g.page/SAMigration?gm

Alternatively , please contact us on :

Whatsapp Tel No : +27 (0) 82 373 8415 – ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )
Tel No landline CT : +27 (0) 21 879 5560
Tel No landline JHB : +27 (0) 12 880 1490
Tel No admin : +27 (0) 64 126 3073 â€` ( Whatsapp calls only â€` No Messages )
Tel No sales : +27 (0) 74 0366127 – ( Whatsapp calls only â€` No Messages )
www.samigration.com

Sep 26, 2022 - Business Permit    No Comments

Fake work visas

What you need to know about fake work visas in South Africa

26 September 2022

You might have obtained your work visa recently and second-guessing whether your visa is valid or not, this is a tricky situation to be in. There are many people out there who pretend to be immigration consultants or immigration lawyers only to scam you and issue you with a fake visa. The worst is being arrested or being detained in South Africa for something that you are not responsible and the Department of Home Affairs is coming down hard on these individuals.

Many who don’t qualify for the critical skills are always looking at applying for the general work visa for South Africa and thus one of the most popular options to forge it because of how difficult it is to obtain it. While this could be true many temporary residence visas are forged throughout South Africa.

Beware of people who guarantee you a visa, as no one in this industry can do that, not even the most experienced immigration consultant or immigration lawyer. There has been news of many immigration consultants who have promised people a visa and blackmailed immigration officials to approve these cases. Be careful of which services you make use of and always apply due diligence. The South African Department of Home Affairs will hold you accountable for any forged documents.

If you are considering applying for temporary visas then you need to ensure that you are making use of professional services. If you wondering how much does a work visa cost in South Africa. We created a blog post in detail about the cost.

Many foreigners are working without a work visa in South Africa.

We have created a handy guide for you to read and to keep close, we would advise that you bookmark this blog post so that you can always reference it back and forth when you need the information.

Is my work visa fake?

Table of Contents

  • Is my work visa fake?
    • How do I know if my work visa is real?
  • How do I check if my work visa is valid?
    • You can use the following methods to verify:
    • I would recommend keeping the following proof:
    • Which visas can be obtained fraudulently?
  • So when can you be arrested in SA?
  • What to do if you are arrested with a fraudulent visa?

So currently there are two ways that a work visa can be forged and it’s important to understand the differences. Once you understand the different methods of fraudulent ways then you have a starting point to investigate from.

  1. A work visa can be forged to look like a real visa, but this has not been printed and entered into the Department of Home Affairs system. So there is no record that it has been issued and details of your particulars.


  2. Another way of obtaining a “visa” is through a corrupt Home Affairs official who you pay to illegally issue you a visa. The visa is entered onto DHA’s systems but your application has not been screened against the requirements.

How do I know if my work visa is real?

If you made use of an agency or person to get your visa and are worried if its a fraudulent visa then there are certain things you can look at with regards to the visas:

  • The words used on the visa would differ from the standard wording on a legally obtained visa.
  • There will be colour variations between a fraudulent and legally obtained visa.
  • The fonts would be different.
  • Your particulars would not be stored or listed on the Department of Home Affairs systems.
  • Extremely high fees to get the visa.

Furthermore, there are more important things you can take into consideration if your visa is fraudulent:

  • If the person representing you has not requested you to submit your application through VFS then this is a major red flag. All applicants in South Africa are required to submit their applications through VFS.
  • You are not allowed to apply for a change of status in SA meaning that if you are on a visit visa then you cannot apply for a work visa.
  • Have yourself assessed with an alternative immigration agency to find out if you qualify

If you are paying a home affairs official to get your visa, then you would be held responsible when caught and can face deportation or imprisonment.

Our advice is that it’s better to go the legal route, even though it might take longer and not as quick as you would like. The immigration agent or lawyer can tell you immediately if you qualify or what you need to do to qualify.

How do I check if my work visa is valid?

There are various ways you can check if your work visa is valid in South Africa but you have to tread carefully as the Department of Home Affairs will hold you accountable for this in which you could be banned, fined or imprisoned. Therefore it is in your best interest to check if the person assisting you has a registered business, registered for tax and VAT.

You can use the following methods to verify:

  • Email the verifications department: VisaVerifications.Missions@dha.gov.za
  • Call the verifications department: 012 406 – 4432
  • Walk into the Department of Home Affairs to find out from an immigration officer.

When making use of a representative to apply on your behalf we recommend that you keep a trail of paperwork and any communication. This is the best way so that you have proof if ever you are arrested and detained, in this way a lawyer can represent you which you would have proof.

Before you apply make sure that you have applied your due diligence to the person representing you. 

I would recommend keeping the following proof:

  • Email trails
  • Record all phone calls
  • Keep invoices
  • Record all in-person meetings

The more proof you have the better and keep these in a safe place where they are easily accessible should you need them in future.

We recommend that corporate businesses verify an applicants work visa as they can be held accountable for employing a foreign national with fraudulent papers.

Accompanying spouses in South Africa must apply for their own independent work visa as they are not allowed to work whilst on a dependent visa. There is no such thing as a accompanying spouse work visa in South Africa.

Which visas can be obtained fraudulently?

  • General Work Visas
  • Spouse Visas
  • Life Partner Visas
  • Study Visas
  • Retirement Visas
  • Critical Skills Visas
  • Corporate Visas
  • Intra-company transfer visas
  • Relatives visas
  • Permanent residence visas

So when can you be arrested in SA?

The South African immigration act mentions the following when you are considered to be in contravention of the act:

  • In possession of a fraudulent or fake visa
  • Expired visa
  • Not adhering to the conditions of your visa.
  • Not in possession of a visa

The experience of being arrested in SA is not a good one and therefore always ensure that you are on the right side of the law. You will never be asked to show your papers but immigration officers have the right to request to see them at any given time. Remember that if you are committing a crime in any sense, you will be imprisoned.

The best thing to do is always keep your passport and visa with you wherever you go and have a telephone or mobile number of someone you can call in SA preferably in the same town as you to help you if you are arrested. We would advise that you beforehand give the person a copy of your passport bio page, visa stamps, contact details for a family member back in your country of residence. The last thing I recommend is giving the person the details of your embassy or consulate in SA to assist you.

What to do if you are arrested with a fraudulent visa?

The South African government together with DHA are cracking down on fraudulent visas and when caught you will be locked up immediately. Our advice does not to try and fight the police or officials and don’t be abusive towards them either. You will be taken to the nearest police station and you will be kept separate.

  • Call a family member to let them know you’ve been arrested.
  • Ask them to hire an attorney
  • Instruct your family member on how to get access to your funds should the need arise

Contact SA Migration if you need us to verify your visa and we can assist you with our immigration services. We are more than happy to discuss with you how we can assist you throughout and how we can obtain it the legal way forward.

Email:          rod@sami.co.za
Web Sites : www.sami.co.za

Sep 26, 2022 - Business Permit    No Comments

Home affairs has dropped central adjudication of visas, after months of complaints

Business Insider SA -26 September 2022

The department of home affairs has reversed a decision to centralise the adjudication of long-term visas.

  • That plan lasted for only a couple of months, and did not go at all well.
  • Embassies – previously accused of sometimes endangering national security or harming the economy – are now back in charge.

As of 1 September, South Africa is no longer centralising the adjudication of long-term visas, the department of home affairs (DHA) confirmed on Tuesday.

That brings to an end a fraught six-month period for those who applied for such visas, previously handled by individual South African missions abroad, and makes consular officials responsible again for deciding who is let in to South Africa

Visa specialists first noted the reversal on the weekend, saying it expected an announcement from the department on the transitional arrangement for visas already in process.

The DHA told Business Insider South Africa only that it “did issue a new directive which came into effect on Thursday 01 September 2022”. It did not provide a copy of the directive, despite repeated requests, and has made no public statement on the matter.

Extreme delays in issuing such visas – with delays facilitation companies described as unprecedented – have been a significant headache for foreign companies investing and doing business in South Africa, Business Leadership SA CEO Busisiwe Mavuso told the News24 On The Record conference on Thursday, the same day the reversal came into effect.

WATCH: Home affairs officials caught on their phones as people queue to be helped

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Those affected have included companies that signed up to President Cyril Ramaphosa’s investment drive, but have since said delays nearing a year in processing work visas for critical foreign staff meant they could not start work.

Some companies expressed acute frustration because they could find no way to reach a department official who could provide even a vague prediction of how long a visa would take – or who could even confirm that a visa application had been accepted as properly lodged – making it impossible to plan moves for employees who needed to secure places in schools for children and move their households across oceans. 

Until Thursday, all work visa applications with a duration of more than three months had to be sent to Pretoria for a decision by the director general of the DHA, in an effort to create consistency – and prevent corruption. Visa facilitators said missions were told the DHA was concerned about reports of arbitrary demands for documents, with the implication that these were subtle solicitations for bribes. They were also told that only central decision-making could balance the need for national security with the need to allow foreign investors to move with speed.

But centralisation was a disaster. Visas that previously took between four and eight weeks to issue suddenly took a minimum of 12 weeks – and consultants reported that the reality was closer to eight months.

Their clients, those consultants said, could not wait that long, and would simply take their business to another country.

Visa facilitation companies believe the consular service divisions of missions – still fully staffed to process visas – may now be able to bring turnaround times down to as low as two weeks.

www.samigration.com

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