Immigration Act South Africa PDF

What is the South African Immigration Act?

immigration act south africa 2017

The South African immigration act is necessary to protect the well-being and security of the country. It is important to note that you need a visa or permit to be able to stay in the country for more than 3 months. There are a variety of different types of visas available, all with their own set of conditions and requirements that must be met before an applicant is eligible.

The act of 2002 which repealed the act of 1995, regulates lawful admission into and out of SA. The regulation of 2002 is still in place as one of the main legislation controlling immigration into South Africa.

What is the purpose of the legislation?

The immigration regulations of South Africa aims to achieve the objectives & functions of section 2 of the immigration act.

The government will pursue the following objectives:

  • To simplify the process of granting permanent residence and temporary residence to foreigners who are qualified and enforce all the regulations at the community level whilst discouraging illegal foreigners.
  • Taking care of all foreign investments, promoting tourism.
  • Allow skilled foreign nationals to live in SA.
  • Take care of all immigration fees, fines and other payments.

The immigration regulations aim to further protect foreigners against xenophobic attacks and to prevent foreign nationals from crossing the border illegally. All foreign nationals must enter at one of the ports of entry in South Africa. The most important part of the immigration regulations is to grow the economy and allow South African businesses to have access to foreign nationals but protect the South African workforce.

 Government Immigration Regulations PDF

Click to download a pdf document:

Department of Home Affairs Notices:

What is Section 49 of the Regulations?

Section 49 (14) and 49 (15) says that any person who attempts to use any fraudulent document to either enter or leave the Republic of South Africa is a criminal offence and can be imprisoned for up to 15 years. The law is strict about foreigners using fraudulent documents who might be declared a prohibited person. What is the penalty for overstaying in South Africa on an expired visa.

What Temporary Residence Visas can you apply for?

A long-term residence visa allows you to stay in SA for 3 months or longer to take up certain activities or join your partner or South African spouse. You can apply for a waiver letter for South African immigration for certain visas.

Different types of visas you can apply for:

  1. Business visa
  2. Critical Skills Visa
  3. Crew Visa
  4. Corporate visa
  5. Exchange visa
  6. General Work Visa
  7. Intra-Company visa
  8. Life Partner Visa
  9. Relatives Visa also known as the family visa South Africa.
  10. Retirement Visa
  11. Spousal Visa
  12. Student Visa
  13. Medical Visa
  14. Visitors/Business Visa
  15. Retirement Visa

You can apply for permanent residency provided that you qualify on one of the following grounds:

  • Married to a South African citizen or a holder of a permanent residence permit for 5 years or more.
  • The retired applicant can prove that they meet the financial eligibility. 
  • Being on a work permit for 5 years or more.
  • Children or parents of SA citizens or permanent residents.
  • A critical skills applicant who can show proof of experience which is more than 5 years.
  • Business visa applicant who has invested the required amount.
  • applicants who received permanent employment and will spend the next 5 years in the same position.

Migrate With Q can assist you with immigration services in South Africa for your temporary or permanent permits. 

About Charl

Charl Vollmer

Charl Vollmer has 8 years of experience helping people immigrate to South Africa. I am passionate about helping people and making their dreams a reality. Charl constantly stays up to date with South African Immigration rules and regulations.  To contact Charl, visit our contact page.

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