EZYFIND Apps for

Business VISA / Temporary residence

Price: R0.00

Listed Under
Category:Home Affairs

Citizenship: Business Visa - Temporary residence

Citizenship: Business Visa The Bill of Rights reserves certain rights for South African citizens, these include:
• the right to enter and reside in the Republic and the right to a passport;
• the right to choose a trade, occupation or profession;
• political rights;
• the right to stand for Parliament; legislatures and for municipal councils.
By acquiring a common South African citizenship, the Constitution prohibits discrimination in respect of citizenship. All citizens are equally entitled to the rights, privileges and benefits of citizenship and are equally subject to the duties and responsibilities attached to citizenship. This entails that these rights cannot be denied to persons on account of their being non-citizens.

Temporary Residence Permit for Business

Foreigners who are contemplating investing in the South African economy by establishing a business in the country or investing in a South African business with the intent to be employed in the business must apply for a business visa.

The objectives of allowing foreigners to conduct business in the Republic include:
• the facilitation and simplification of temporary residence visas and permanent residence permits;
• the promotion of economic growth by facilitating foreign investment and attracting exceptionally skilled and qualified foreigners to South Africa;
• promoting tourism in South Africa.
Therefore, your application for a business visa can be beneficial to both you and the Republic.

The attached Form BI-1738 as provided for by www.LawyersEzyFind.co.za sets out the basic information required by the Department of Home Affairs for the approval or rejection of a business visa application, including:

1. The general prospect of success that the business may have in the Republic. Naturally, the successful contribution of the business to the economy will result in a higher chance of approval for your business visa application.
Accordingly, you are required to state how your business will successfully generate income and remain in successful operation for the long term.

2. In order to make a fully informed decision the Department requires complete disclosure, which includes the details of the proposed employees who will be working for the business. This information is required to determine whether there will be more foreigners coming into the country and whether they have obtained their temporary long-term visas.
It is important to note that the more jobs you are willing to create for South African citizens or permanent residency holders will reflect favourably in your application.

3. The Form makes provision for the capital amount to be invested in the business. This allows the Department to determine whether or not you have the necessary funds to facilitate the business and all the expenses attached thereto. It is important not to withhold proof of the amount you are prepared to invest in the business, this can result in rejection of your business visa application.

4. It is good practice to have a business plan when starting any business, and for the Republic this is a business visa requirement. Your business plan should be compelling in setting out the steps for the business to succeed and should include an overview of the business, details of how you intend to develop the business, who is going to play a role in this business, a marketing and sales strategy, and how the financial side of the business will be managed.

5. The Form requires information about the type of business that you wish to set up, these include: sole proprietorship, partnership private company, public company, personal liability company, state owned company, non-profit company, and foreign and external company.

You are required to disclose the right business structure in the Form.

In addition to the completed Form, the following documents must be submitted for your business visa application:
1. a certificate issued by a Chartered Accountant or a Professional Accountant registered with the South African Institute of Professional Accountants to the effect that you have at least R5 000 000 available in cash, or at least R5 000 000 in cash and capital to be invested in the Republic.
The above amount can be waived if you are applying for one of the following categories of business:
a) agro-processing;
b) business process outsourcing and IT enabled services;
c) capital/transport equipment, metals and electrical machinery and apparatus;
d) electro technical;
e) textile, clothing and leather;
f) boatbuilding;
g) pulp, paper and furniture;
h) automotives and components;
i) green economy industries;
j) renewable energy;
k) advanced manufacturing;
l) tourism infrastructure;
m) chemicals, plastic fabrication and pharmaceuticals;
n) creative and design industry;
o) oil and gas
p) Information and Communications Technology;

2. a recommendation from the Department of Trade and Industry regarding the feasibility of the business and the contribution of the business to the national interest of the Republic;

3. an undertaking that at least 60% of the total staff compliment to be employed in the operations of the business shall be South African citizens or permanent residents employed permanently in various positions;

4. an undertaking to register with the-
• South African Revenue Service;
• Unemployment Insurance Fund;
• Compensation Fund for Occupational Injuries and Diseases;
• Companies and Intellectual Properties Commission (CIPC); where legally required;
• Relevant professional body, board or council recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, where applicable.

The holder of a business visa is entitled to study part-time, without the need to apply for permission from the Department of Home Affairs in the form of an application for change of conditions to an existing business visa.

Prior to applying for a business visa you should take into account the sectors which have been identified as Undesirable Businesses, these include:

• Businesses that import second hand motor vehicles into the Republic for purposes of exporting to other markets outside of the Republic;
• The exotic entertainment industry;
• The security industry.

You will not be granted a business visa if your business falls within the remit of one of the above sectors.

The compilation of the business visa application involves not only the requirements from Home Affairs but also the supporting documentation such as the company registration paperwork, this can result in a time consuming process. Compilation can therefore take approximately 4–12 weeks. Consequently, it is crucial to complete the Form fully and accurately, and to provide all the additional documents mentioned above.

Add / Remove legal agreement templates to your shopping cart for download. Multiple agreements can be added to be downloaded all at once.

Append & Adjust legal contracts as per your requirements. Contact registered legal professionals on this website for assistance.
Forward the contract with your details for an Attorney / Lawyer to append, validate and modify the contract to your specific needs.
Contracts are not in .pdf format but in word document .doc and .docx format for easy editing.