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2014 Draft Immigration Regulations for Visit/Tourist Visas - South Africa

Below you will find the latest Draft Immigration Regulations concerning Visit Visas for South Africa

Visas to temporarily sojourn in Republic

9.(1) An application for any visa referred to in section 11 up to and including sections 20 and 22 of the Act shall be made on Form 8 illustrated in Annexure A together with all supporting documents and accompanied by-

(a) a valid passport in respect of each applicant;

(b) a yellow fever vaccination certificate if that person travelled or intends travelling from or transit through a yellow fever endemic area: Provided that the certificate shall not be required where that person travelled or intends travelling in direct transit through such area or where an application is made in the Republic;

(c) a medical and radiological report in respect of each applicant: Provided that a
radiological report shall not be required in respect of children under the age of 12
years or pregnant women;

(d) in respect of dependent children accompanying the applicant or joining the applicant in the Republic, by-
(i) in the case of a child subject to parental responsibilities and rights, proof of such parental responsibilities and rights; or
(ii) in the case of a child accompanied by one parent or legal guardian, written
consent from the other parent or legal guardian, as the case may be;

(e) in respect of a spouse accompanying the applicant or joining the applicant in the Republic, by a copy of a marriage certificate or proof of a relationship as contemplated in regulation 3; and payment of the applicable application fee.

(2) Any applicant for any visa referred to in subregulation (1) must submit his or her application in person to-

(a) any foreign mission of the Republic where the applicant is ordinarily resident or holds citizenship; or

(b) any mission of the Republic that may from time to time be designated by the Director General to receive applications in respect of any country in which a mission of the Republic has not been established.

(3) Wherever a visa facilitation service for South African visas is established, an applicant for any visa referred to in subregulation (1) must submit such application in person to such visa facilitation service.

(4) Any applicant for a visa may be invited to be interviewed at the relevant South African mission whenever it appears to any official processing his or her application that it is necessary to do so.

(5) The documents contemplated in subregulation (1)(a) shall be-

(a) originals or copies authenticated by the issuing authority of the country of origin; and

(b) translated into one of the official languages of the Republic, where applicable, and certified as a correct translation by a sworn translator at the expense of the applicant.

(6) A foreigner who is in the Republic and applies for a change of status or conditions relating to his or her visa, or for an extension of the period for which the visa was issued, shall-

(a) submit his or her application, on Form 9 illustrated in Annexure A, 30 days prior to the expiry date of his or her visa; and

(b) provide proof that he or she has been admitted lawfully into the Republic, Provided that no person holding a visitor's or medical treatment visa may apply for a change of status or conditions relating to his or her visa.

(7) Any visa contemplated in section 10 of the Act issued at a foreign mission of the Republic, shall-

(a) be affixed to the passport of the applicant; and

(b) only be valid if an entry stamp has been affixed thereto at the port of entry and the date of such entry stamp shall be the effective date.

(8) The individual terms and conditions contemplated in section 10(5) of the Act with regard to a visa shall relate to, but not limited to-

(a) limitations on the type of activities that may be undertaken in the Republic;

(b) the places where the activities contemplated in paragraph (a) may be undertaken;

(c) the types of commercial activity that may be practised;

(d) the submission of proof of sufficient financial means;

(e) limitations on the period of the visit or the validity of the visa;

(f) where the visa may be renewed or any combination of the above; or

(g) cancellation of a visa in the event the holder has been convicted of any offence under the Act or any other law.

(9) An application contemplated in section 10(6)(a) or (7) of the Act shall-

(a) be made on Form 9 or 10 illustrated in Annexure A, as the case may be.

(b) comply with subregulation (1), as well as the specific requirements applicable to the relevant visa;

(c) be submitted in person at any designated office of the Department 30 days prior to the expiry date of his or her visa and if the visa was issued for less than 30 days, not later than seven working days before the expiry of the visa;

(10) The exceptional circumstances contemplated in section 10(6)(b) shall in respect to the holder of a visitor's visa, be relating to-

(a) medical treatment for longer than three months; or

(b) spouses and children of a holder of a business or work visa, who wish to change to study and work visas; or

(c) on application, any other circumstances that the Minister may deem reasonable; or

(d) a visitor who is a material witness to a crime and who is required to testify in a court of law: Provided that the extension is supported by a request from any relevant Deputy Director of Public Prosecutions.

 

Visit Visas

11.(1) An applicant for a visitor's visa not exceeding a period of three months shall submit-

(a) a statement or documentation detailing the purpose and duration of the visit;

(b) a valid return air flight ticket or purchase thereof; and

(c) proof of sufficient financial means contemplated in subregulation (3) below.

(2) An applicant for a visitor's visa exceeding a period of three months shall, in addition to complying with the requirements of subregulation (1), submit a police clearance certificate.

(3) The financial or other guarantees contemplated in section 11(1)(b) of the Act shall be proof of sufficient financial means, in the form of a Bank certified statement, of not less than three (3) months.

(4) An activity contemplated in section 11(1)(b)(iv) of the Act shall be work conducted for a foreign employer pursuant to a contract which partially requires conducting of certain activities in the Republic and relates to-

(a) the temporary residence by a person who is the spouse or dependent child of the holder of a visa issued in terms of section 11, 13, 14, 15, 17, 18, 19, 20 or 22;

(b) a teacher at international schools;

(c) in respect of films and advertisements produced in South Africa, including, but not limited to, an actor, cameraman, hairstylist, make-up artist, lighting and sound
engineer;

(d) a foreign journalist seconded to South Africa by foreign news agencies;

(e) a visiting professor or lecturer;

(t) an artist who wishes to write, paint or sculpt;

(g) a person involved in the entertainment industry, travelling through South Africa to perform;

(h) a tour leader or host of such a tour;
(i a foreigner who is required to stay in the Republic in order to testify as a state witness in a criminal court case; or

(j) any activity that the Director-General considers to be for and the general benefit of a section of society and which is not inconsistent with the provisions of the Act.

(5) A person, other than a resident from a country with which the Republic shares a border, who is in possession of a visa issued on the basis of an exemption contemplated in section 10A(4) of the Act, shall upon his or her readmission to the Republic be admitted on the same visa, and where such a visa has expired, may be admitted on a new visa valid for a period not exceeding seven days: Provided that where that foreigner arrives at a port of entry from his or her country of residence, the new visa may be issued for a period not exceeding the period
attached to the visa exemption.

(6) Where a-

(a) port of entry visa is issued at a mission of the Republic, that port of entry visa shall,upon admission of the holder, be considered to be a visa for the purposes of section 11 of the Act and the period of validity of that visa shall not exceed three months; and

(b) visa, other than a port of entry visa is issued at a mission of the Republic, that visa shall, upon admission of the holder, be considered to be valid and allow the holder thereof to temporarily sojourn in the Republic for the purposes of the specific section of the Act under which it was issued and the period of validity of that visa shall be calculated from the date of admission of the holder into the Republic.

(7) The authorisation contemplated in section 11(2) of the Act-

(a) shall be applied for by submitting a statement or documentation confirming the-

(i) purpose or necessity for the work;

(ii) nature of the work;

(iii) qualification required for the work;

(iv) duration of the work;

(v) place of work;

(vi) duration of the visit;

(vi) proof of remuneration or stipend that the foreigner will receive from the
employer; and

(vii) identity and contact details of the prospective employer or relevant contact
person from the host institution;

(b) may be subjected to the relevant individual terms and conditions contemplated in regulation 8(5);

(c) may, where applicable, be granted subject to a recommendation from any relevant organ of state;

(d) if approved, be endorsed on the visitor's visa; and

(e) shall not be extended beyond the validity period of the visa issued in terms of section 11(1)(a) of the Act.

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