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.