Immigration

IMMIGRATION

As a leading law firm in South Africa, we take immense pride in our commitment to service delivery that not only meets but exceeds the expectations of our clients. We offer a vast bouquet of legal services designed to address a wide array of immigration issues, appeals, new applications, and more.

 

With over 20 years of experience specializing in Chinese immigration matters, our team of dedicated legal professionals has the expertise and knowledge to handle even the most complex cases effectively. We understand the challenges and intricacies involved in immigration law and are committed to providing our clients with efficient and effective solutions tailored to their specific needs.

 

We invite you to experience the difference that our firm can make in addressing your immigration matters. Our track record of success and client satisfaction speaks for itself, and we are confident in our ability to deliver results that will meet your expectations and requirements.

 

Please do not hesitate to reach out to us should you require any further information or wish to schedule a consultation to discuss your legal needs. We look forward to the opportunity to assist you and demonstrate our dedication to excellence in legal service delivery.

 

You will be one happy client by considering our firm for your immigration-related legal matters. We are here to help and are committed to providing you with the high-quality legal representation you deserve.

We specialize in all aspects of Immigration Law and related matters:

The following permits or visas are possible solutions for our clients:

Financial Independent Permanent Residence Permit in terms of Section 27(g) of the Immigration Act 13 of 2002, as amended.

 

  • Permanent residence based on proven financial net worth of the applicant of at least R12 million (TWELVE MILLION RAND);
  • Application to be submitted at the South African Mission abroad;

Required Documents

  • Home Affairs Application Form (to be submitted inside the borders of SA)

Completed online form (to be completed by PLA)

OR

  • Application to submit outside borders of SA

Completed Hand-Written form

 

  • 2 x passport photographs
  • Certified copies of current passport and visa (all pages)
  • Certified copies of all previous passports and South African visas (all pages)
  • Copy of first visa entrance in SA
  • Change of name or gender official document (Statutory Declaration: Deed Poll or Legal Adoption Certificate) if applicable
  • A yellow fever vaccination certificate, if applicable
  • Copy of unabridged birth certificate
  • A medical report (not older than 6 months on day of submission)
  • A radiological report- (Pregnant women- only need confirmation letter from doctor to confirm pregnancy)- (not older than 6 months on day of submission)
  • Police Clearance Certificates

Original Police Clearance Certificate of all countries resided in for more than 12 months continuously since 18th birthday- (not older than 6 months on day of submission)

  • Copy of marriage certificate or Life Partner Contract
  • Copy of divorce decree or legal separation order, if applicable
  • Copy of death certificate of late spouse, if applicable
  • Proof of prescribed minimum net worth of R12 million – accompanied by CA report
  • Written undertaking to make payment of R120 000 to Director-General on approval of the application
  • Proof of residential address in SA

Business Visa in terms of Section 15 of the Act

  • Temporary residence visa to conduct or own business in SA. The applicant needs to provide proof of at least R5 million originating abroad available to be invested in a new or existing business in SA
  • The application must first be submitted at the Department of Trade and Industry for recommendation after which the application must be submitted at the South African Mission abroad

Required Documents for DTI application

  • Representation
  • Copies of passport and visa of applicant
  • Copy of unabridged birth certificate
  • Copy of marriage certificate or life partner contract, if applicable
  • Detailed Curriculum Vitae of applicant with verifiable references
  • Comprehensive Business Plan including financial projections
  • Certificate of South African Chartered Accountant – re: Original foreign investment in SA is required by law- R5 million
  • Proof of above financial investments
  • Proof of Chartered Accountant’s SAICA/SAIPA membership
  • Latest audited financial statements of business
  • Proof of previous DTI recommendation issued, if applicable
  • Proof of incentives received form the Department and/ore any other Department and/or organ of state, if applicable
  • Proof of Registration with SARS
  • Proof of Registration with Unemployment Fund
  • Proof of Registration with Companies and Intellectual Properties Commission
  • Proof of Registration with Fund for Occupational Injuries and Diseases
  • Proof of Registration with Professional Body, board or council recognized by SAQA
  • B-BBEE certificate
  • Undertaking of director that at least 60% of the total staff compliment employment shall be South African Citizens or Permanent Residents in permanent positions including:
  • Payroll with list of all employees that includes their names, id/ passport numbers as well as the position in company
  • Signed employment contracts of each employee
  • Contact details of each employee
  • Copies of identity documents/ temporary residence visas of each employee
  • Copies of Directors’ identification
  • Proof of business address
  • Copy of rejection letter from the Department of Home Affairs- if applicable
  • Copy of waiver letter from Department of Home Affairs- if applicable

Required documents for Home Affairs application:

  • Home Affairs application form submitted inside borders of SA

Completed online form

OR

  • Application to submit outside borders of SA

Completed hand written form

  • TRC or TRR: Affidavit confirming compliance with visa requirements (PL to provide)
  • Copy of passport and visas
  • Copy of first/ oldest visa and stamp entering SA
  • A yellow fever vaccination certificate, if applicable
  • Copy of unabridged birth certificate
  • A medical report (not older than 6 months on day of submission)
  • A radiological report- (Pregnant women- only need confirmation letter from doctor to confirm pregnancy)- (not older than 6 months on day of submission)
  • Police Clearance Certificates

TRV and TRC applications- Original Police Clearance Certificate of all countries resided in for more than 12 months since 18th birthday (not older than 6 months on day of submission)

  • Marital status

Copy of marriage certificate of life partner contract, if applicable

Copy of divorce decree and court order of previous spouse, if applicable

Copy of death certificate of previous spouse, if applicable

  • Certificate of South African Chartered Accountant: re-Original foreign Investment in South Africa as required by law- R5 million
  • Proof of above financial investments
  • Proof of Chartered Accountant’s SAICA/SAIPA membership
  • Latest audited financial statements
  • Recommendation from the Department of Trade and Industry
  • Proof of registration with SARS
  • Proof of registration with Unemployment Fund
  • Proof of registration with Companies and Intellectual Properties Commission
  • Proof of registration with Fund for Occupational Injuries and Diseases
  • Proof of registration with Professional Body, board or council recognized by SAQA
  • B-BBEE certificate
  • Undertaking of director that at least 60% of the total staff compliment employment shall be South African Citizens or Permanent Residents in permanent positions including:
  • Payroll with list of all employees that includes their names, id/ passport numbers as well as the position in company
  • Signed employment contracts of each employee
  • Contact details of each employee
  • Copies of identity documents/ temporary residence visas of each employee
  • Copies of Directors’ identifications
  • Curriculum Vitae of Applicant
  • Latest 3 months bank statements of applicant
  • Proof of business address
  • Proof of residential address of applicant in SA

General Work Visa in terms of Section 19(2) of the Act:

  • Temporary residence visa to be employed in SA
  • Application must be submitted at the Department of Labour for approval after which the application must be submitted at the South African Mission abroad
  • Proof of a valid job offer/ employment contract in SA
  • Proof that foreign applicant is more suitable for the position than any South African citizen

 

Required Documents for Labour Application:

  • ESSA Form (from Department of Labour)
  • Copy of passport and visas
  • Police Clearance Certificates

Original Police Clearance Certificate of all countries resided in for more than 12 months continuously since 18th birthday- (not older than 6 months on day of submission)

  • Full particulars of employer:
  • Registration of business
  • Copies of directors’ identifications
  • Proof of business address
  • Proof of registration with SARS, UIF,COID, professional body
  • Proof of 60% South Africans employes- payroll with list of all employees that includes names, id/passport numbers as well as position in company.
  • Background of business
  • A written undertaking by employer:
  • Accepting responsibility for the costs related to the deportation
  • To ensure that the passport of the applicant is valid at all times for the duration of his/ her employment
  • To inform the Director-General: should the applicant not comply with the provisions of the act/ conditions of the visa
  • To inform the Director- General upon the applicant no longer being in the employment of the named employer or when the applicant is employed in a different capacity or role.
  • Workplace Skills Plan (WSP)- only for designated employers. Or a report of all training planned or programs already conducted
  • Employment Equity Plan (EEP)- only for designated employers- outlining the workforce of business specifying citizens/ permanent residence holders vs foreign nationals
  • Detailed job description on letterhead of company
  • Advert of position in national newspaper- not older than 3 months on day of submission, including all CV’s received as well as report on all candidates that reacted on advert
  • NGO’s/ CBO’s Report: Written evidence of labour search from Traditional Leaders/ Community Leaders/ Ward Councilors/ Community based organizations and NGO’s
  • Private Recruitment Agency Report: From at least one- Written evidence of labour search
  • Sectorial Organizations/ Professional Body Report: Written evidence of labour search
  • Interview notes- by the employer indicating the rationale for local citizens not being suitable for vacant post and reasons why locals are not being considered including all recruitment initiatives
  • A motivation letter by the employer clarifying why the employment of a foreign national is needed and not of a South African citizen or Permanent Resident
  • Signed contract of permanent employment or offer of permanent employment, conditional on General Work Visa approval, stating the applicant’s remuneration and starting date.
  • Curriculum Vitae
  • SAQA certificate for foreign qualifications
  • Certified copies of academic qualifications
  • Benchmark letter
  • Testimonial letters
  • Proof of residential address in SA

Required documents for General Work Visa Application:

  • Home Affairs Application Form

Completed online form (completed by PL)

OR

Application to submit outside borders of SA

Completed hand-written form

  • Copy of passport and visas
  • Copy of first/oldest visa and stamp entering SA
  • A yellow fever vaccination certificate, if applicable
  • A medical report (not older than 6 months on day of submission)
  • A radiological report- (Pregnant women- only need confirmation letter from doctor to confirm pregnancy)- (not older than 6 months on day of submission)
  • Police Clearance Certificates

TRV and TRC applications- Original Police Clearance Certificate of all countries resided in for more than 12 months since 18th birthday (not older than 6 months on day of submission)

  • TRR application- Only South African Police clearance certificate- not older than 6 months on day of submission
  • Marital status

Copy of marriage certificate of life partner contract, if applicable

  • Full particulars of employer:
  • Registration of business
  • Copies of directors’ identifications
  • Proof of business address
  • Proof of registration with SARS, UIF,COID, professional body
  • Proof of 60% South Africans employes- payroll with list of all employees that includes names, id/passport numbers as well as position in company.
  • Background of business
  • A written undertaking by employer:
  • Accepting responsibility for the costs related to the deportation
  • To ensure that the passport of the applicant is valid at all times for the duration of his/ her employment
  • To inform the Director-General: should the applicant not comply with the provisions of the act/ conditions of the visa
  • To inform the Director- General upon the applicant no longer being in the employment of the named employer or when the applicant is employed in a different capacity or role.
  • Certificate/ report from Department of Labour or confirmation letter from the Department of Labour that the labour report was sent directly to the Department of Home affairs.
  • Advert of position in national newspaper- not older than 3 months on day of submission, including all CV’s received as well as report on all candidates that reacted on advert
  • A motivation letter by the employer clarifying why the employment of a foreign national is needed and not of a South African citizen or Permanent Resident
  • Signed contract of permanent employment or offer of permanent employment, conditional on General Work Visa approval, stating the applicant’s remuneration and starting date.
  • Curriculum Vitae
  • SAQA certificate for foreign qualifications
  • Certified copies of academic qualifications
  • Benchmark letter
  • Testimonial letters
  • Proof of financial means-last 3 months bank statements of applicant
  • Proof of residential address in SA

Critical Skills Work Visa in terms of Section 19 (4) of the Act:

  • Temporary residence visa to be employed in SA in a position that is listed on newest published SA Critical Skills list
  • Application must be submitted at the South African Mission abroad

Required Documents:

  • Home Affairs application form submitted inside borders of SA

Completed online form

OR

  • Application to submit outside borders of SA

Completed hand written form

  • TRC or TRR: Affidavit confirming compliance with visa requirements (PL to provide)
  • Copy of passport and visas
  • Copy of first/ oldest visa and stamp entering SA
  • A yellow fever vaccination certificate, if applicable
  • Copy of unabridged birth certificate
  • A medical report (not older than 6 months on day of submission)
  • A radiological report- (Pregnant women- only need confirmation letter from doctor to confirm pregnancy)- (not older than 6 months on day of submission)
  • Police Clearance Certificates

TRV and TRC applications- Original Police Clearance Certificate of all countries resided in for more than 12 months since 18th birthday (not older than 6 months on day of submission)

  • Marital status

Copy of marriage certificate of life partner contract, if applicable

  • A written undertaking by employer:
  • Accepting responsibility for the costs related to the deportation
  • To ensure that the passport of the applicant is valid at all times for the duration of his/ her employment
  • Proof that the applicant falls within the critical skills category by specifically indicating the occupation/ critical skill for which the application in being made. The occupation/ critical skill must be on the Critical Skills list.
  • SA professional body, council or board

Proof of registration with a SA professional body, council or board that is recognized by SAQA

  • Proof of previous experience in that occupation for a period of more than one year or more
  • Contract of employment or offer of employment
  • Curriculum Vitae
  • SAQA certificate for foreign qualifications
  • Certified copies of academic qualifications
  • Proof of financial means- last 3 months of bank statements showing income of at least R3000 per month
  • Proof of residential address in SA

Intra Company Transfer Visa in terms of Section 19 (5) of the Act:

  • Temporary residence visa to be employed in SA in the instance where the applicant will be transferred temporary from his foreign employer to a South African branch or affiliate on the understanding that the applicant will train South African employees. No renewal of this visa or Permanent Residence application is possible.
  • Application must be submitted at the South African Mission abroad
  • Maximum four years

Required Documents

  • Home Affairs application form submitted inside borders of SA

Completed online form

OR

  • Application to submit outside borders of SA

Completed hand written form

  • TRC or TRR: Affidavit confirming compliance with visa requirements (PL to provide)
  • Copy of passport and visas
  • Copy of first/ oldest visa and stamp entering SA
  • A yellow fever vaccination certificate, if applicable
  • Copy of unabridged birth certificate
  • A medical report (not older than 6 months on day of submission)
  • A radiological report- (Pregnant women- only need confirmation letter from doctor to confirm pregnancy)- (not older than 6 months on day of submission)
  • Police Clearance Certificates

TRV and TRC applications- Original Police Clearance Certificate of all countries resided in for more than 12 months since 18th birthday (not older than 6 months on day of submission)

  • Marital status

Copy of marriage certificate of life partner contract, if applicable

  • The foreigner’s contract of employment with the company abroad- must prove employment at least 6 months at foreign company
  • Foreign company registration documents
  • Copy of foreign company’s director’s identification (that signed the company letters)
  • South African company registration documents
  • Copy of South African Company’s director’s identification (that signed the company letters)
  • Copy of Power of Attorney between foreign company and South African company
  • Letter of company abroad confirming that the applicant will be transferred to the branch, subsidiary or affiliate in South Africa
  • Letter of company in South Africa confirming that the applicant will be transferred to the branch, subsidiary or affiliate in South Africa specifying the occupation and capacity in which the applicant will be employed
  • An undertaking by the relevant employer that:
  • The applicant will only be employed in the specific position for which the visa has been issued
  • That the foreign employee will at all times comply with the provisions of the act and the conditions of the visa
  • To immediately notify the Director-General in the foreign employee fails to comply with the act/ conditions of the visa
  • A plan is developed to transfer skills to a South African citizen or Permanent Residence holder
  • Undertaking by the relevant employer to reimburse the Department any costs that may occur in relation to the deportation of the applicant or any of the applicant’s dependent family members.
  • Latest 3 months bank statements of applicant
  • Proof of residential address

Corporate Visa in terms of Section 21 of the Act:

  • Permit to allow the company to employ a certain number of foreign workers in a certain position
  • The Corporate Visa Application must first be recommended by the Department of Trade and Industry as well as the Department of Labour. After the approval the application may be submitted by the company in SA.
  • The Individual work visas for the employees must be applied for at the South African Mission abroad by each individual worker after the Corporate Visa has been approved.

Purpose of Corporate Visa:

This type of visa allows a corporate entity to employ a pre-determined number of skilled/ semi-skilled and/ or unskilled workers for a period requested (not exceeding 3 years) by the corporate entity upon application. Such an application must be lodged at VFS in the entity’s region.

The order of submission:

After the company has received their Corporate Visa, each individual employee that the company wants to place under the Corporate Visa needs to apply for an Individual Corporate Workers Visa.

The Corporate Visa application must first be submitted at the Department of Labour and at the Department of Trade and Industry. After confirmation from both departments that their reports have been forwarded to Home Affairs, the application can be submitted at the Department of Home Affairs.

After receiving the Corporate Visa Certificate, the company can go ahead and apply for Individual Corporate Workers Visas. These applications will be submitted individually at the Department of Home affairs.

Required Documents

Required documents for Department of Labour:

  • Home Affairs application form
  • Motivational letter from employer
  • Job description of the positions for which the foreigners are required
  • Work place skills and employment equity plans
  • Advertisement in National Newspaper
  • Shortlist of Candidates
  • Registration of vacancy with ESSA
  • Private recruitment agency report
  • Sectorial Organizations/ Professional Bodies report
  • Proof of South African Citizens employed
  • Proof of foreigners employes and copies of their passports
  • Proposed numeration
  • Proof of address
  • Tax clearance certificate
  • Pro-forma contract of employment
  • Business registration and copies of directors’ identity documents or passports

The Department of Labour Regional Office will then conduct an inspection at the premises of the employer and send a report to the Department of Labour Head Office. At Head Office the report is presented to a committee who makes the decision to recommend the application or not.

The recommendation will be forwarded directly to the Department of Home Affairs and the applicant will only receive a notification when the application is finalized.

 

Required documents for Department of Trade and Industry:

  • Application form (completed by PL)
  • Motivation letter signed by director to motivate the need for a corporate visa
  • Copy of CIPC registration of the company
  • Detailed company profile/ business plan
  • List of all current employees with signed contracts and identification
  • Signed undertaking from director that company employ at least a ratio of 60% South African employees and 40% foreign employees in the company
  • List and proof of current, future and proposed projects
  • Proof of tenders and contracts awarded
  • Proof of recruitment
  • Information regarding skills transfer plan
  • Information regarding internal training programmes and or other steps taken to address the skills concern in your company
  • Letters of support and proof of membership of Industry Associations or Councils
  • Proof of any incentive received from the department

 

Documents needed for Corporate Worker Certificate:

  • Completed online form
  • Copy of passport and visas
  • Copy of first/ oldest visa and stamp entering SA
  • A yellow fever vaccination certificate, if applicable
  • Copy of unabridged birth certificate
  • A medical report (not older than 6 months on day of submission)
  • A radiological report- (Pregnant women- only need confirmation letter from doctor to confirm pregnancy)- (not older than 6 months on day of submission)
  • Original Police Clearance Certificate of all countries resided in for more than 12 months since 18th birthday (not older than 6 months on day of submission)
  • A yellow fever vaccination certificate, if applicable
  • Copy of the main corporate visa issued to the prospective employer
  • Original Corporate Worker Authorization Certificate
  • A valid employment contract
  • Undertaking by the relevant employer to reimburse the Department any costs that may occur in relation to the deportation of the applicant or any of the applicant’s dependent family members.
  • Proof of qualifications evaluated by SAQA, and translated by a sworn translator into one of the official languages of the Republic, or skills and experience in line with the job offer
  • A certificate of registration with the professional body, council or board recognized by SAQA in terms of Section 13(1)(i) of the National Qualifications Framework.

CONTACT DETAILS

Physical address: Boardwalk Office Park
Block 12, 1st Floor
Eros street
Faerie Glen
0043

 

Telephone number: 012 991 3122
cell number: +27 (0) 71 117 7868
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