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.
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Application for a Visa to Enter South Africa
A visa simply indicates that your application has been reviewed at a
South African embassy, mission or consulate and that the consular
officer has determined you are eligible to enter the country for a specific
purpose.
The visa will allow you to travel to a South African port of entry where an
immigration official will then determine if you are allowed to enter South
Africa and for how long you can stay for that particular visit. Visitors are
restricted to the activity or reason for which their visas were issued.
On entry to South Africa, a visa is considered to be a visitors permit.
The permit’s period of validity is calculated from the date of entry into the
country and will be set out under the heading "conditions" on the visa
label. You must ensure that you apply for the correct visa/permit. Entry
in the country may be refused if the purpose of visit was not correctly
stated.
Visa application process for foreigners who wish to stay in South
Africa:
1. The first step in the process is to prepare your application. You
need to know whether you require a visa or a permit, and which
type you want to apply for.
The types of Visas
There are different types of visas which are designed for
different purposes:
• Tourist visa (e-Visa) – this form of visa will be available soon
and will eliminate the need to physically go to an embassy or
consulate for citizens of eligible countries. Once approved
the eVisa will be sent to applicants by email. Travellers will
then be able to gain entry into South Africa by presenting the
eVisa at the border;
• Visit visa – this visa allows visitors to enter for a maximum
period of 90 days for tourism or business purposes;
• Business visa – this allows eligible citizens to enter for
maximum period of 90 days to work or invest in the South
African economy;
• Medical visa – this allows stays of up to six months. A form
BI-1738 must be completed and a letter from your doctor or
medical institution which states the reasons why the
treatment is necessary. It also necessary to show that you
have the means to pay the medical fees as well as the living
costs;
• Relative’s visa – immediate family members of a South
African citizen or resident can apply for a relatives visa. This
visa is issued for a maximum period of two years at a time.
Applicants need to complete a BI-1738 Form, demonstrate
proof of financial means, provide the passport or
identification of their relative who is a South African citizen or
resident;
• Retired persons visa – people who want to retire in South
Africa can apply for this visa. Applicants need to meet the
financial requirements and complete the BI-1738 Form;
• Work visa – these are issued to foreigners who possess
specific skills which are in demand. The duration of the visa
depends on the type of work which the applicant will do.
Applications can either be made at a Visa Facilitation
Services Center (VFS) in South Africa or at an embassy or
consulate abroad;
• Study visa – students who wish to study in South Africa on a
full-time basis can obtain a study visa by completing a
BI-1738 Form which allows people to study at all levels of
education. The visa will be valid for the duration of the
course.
The necessary documentation include proof of acceptance
for the course, parental consent (if under the age of 18),
proof of financial means, and proof of medical cover;
• Exchange visa – this is for people who are 25 years old or
under and who want to participate in cultural, economic or
social exchange programmes. These programmes must be
organized by a state institution or a public higher educational
institution in conjunction with a governmental body of a
foreign state. These visas are valid for the duration of the
programme and cannot be renewed or extended.
2. The next step is to either apply for a visa or permit online on the
VFS website, or apply for a visa or permit at the Visa Facilitation
Center.
The procedure to follow for the physical application is as
follows:
• fill in the correct online Form BI-84 accessed on
www.LawyersEzyFind.co.za;
• pay the mandatory fee of R1 350 in order to schedule an
appointment after filing the application form;
• pay the relevant fees online via three methods: payment at
Standard Bank branches using the system generated bank
deposit slip, or by credit/debit card, or by electronic funds
transfer (EFT). Any outstanding fees can be paid at the Visa
Facilitation Center by a debit/credit card. No payments will
be collected in cash at the Center;
• check all the required documents for the application.
3. On the day of the appointment you are required to arrive 15
minutes early at the Center. Your online application form, proof
of payment and supporting documents, along with a valid
passport or travel document will be required. Once the visa
application process is completed you will be issued with an
acknowledgment receipt.
4. Enrol your fingerprints and photograph at the Visa Facilitation
Center, this includes a digital finger scan and a digital
photograph.
5. You then need to decide whether you would prefer to collect
your documents in person at the Center or have a
representative collect the decision on your behalf. The
representative needs to carry an authorization letter with the
name of the applicant and his/her passport number, followed by
the name and ID number of the representative collecting the
application.
Documents required to apply for a visa
• a passport or travel document valid for no less than 30 days after
the expiry of your intended visit;
• your passport must have at least two unused page for entry or
departure endorsements;
• a completed Form BI-84 (application for a visa);
• payment of the prescribed fee;
• a yellow-fever vaccination certificate (if required);
• statement and/or documentation confirming the purpose and
duration of your visit;
• two colour passport photographs;
• a return or onward ticket if you are travelling by air;
• if you have children (minors) travelling with you or joining in South
Africa, you will need to provide the following additional documents:
o proof of guardianship or custody; or
o consent from the guardian in the case of an unaccompanied
minor.
• proof of financial means to pay for your living expenses while in
South Africa in the form of:
o bank statements;
o salary advances;
o undertakings by the host(s) in South Africa;
o bursary;
o medical cover;
o cash available (including credit cards and travellers’ cheques).
Requirements for entering South Africa:
• a valid and acceptable passport or travel document for your
intended stay;
• at least one blank page in your passport for endorsements;
• a valid visa, if required;
• sufficient funds to pay for your day-to-day expenses during your
stay;
• a return or onward ticket;
• yellow fever certificates if your journey starts or entails passing
through the yellow fever belt of Africa or South America.
Temporary Residence Permit: 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.
R 0.00 FREE