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Sascha Sulliman-Exner Group moderatorThe company name is only visible to registered members.Changes of Immigration Law effective as of July 01, 2005
Changes to immigration law effective as of July 1, 2005
Background
On July 1, 2005 the Amended Immigration Act of 2004 and the Immigration Regulations of 2005 simultaneously came into force. Below are some of the changes in the immigration law:
General
In future all long term temporary residence applications for persons over the age of twelve years will now also have to include a radiological report to confirm the absence of active tuberculosis.
The requirement of having at least two free pages in the passport has been reduced to one unused page when presenting it for purposes of endorsing a visa or permit.
Study permits
In addition to the usual prescribed requirements, persons applying for a study permit will now have to supply proof of medical cover with a medical aid scheme registered in terms of the Medical Schemes Act or medical insurance cover recognised in the Republic.
Business permits
Applications for a business permit shall be accompanied by a certificate issued by a chartered accountant confirming a specified ratio of cash or capital contribution of either R 2,5 million in cash or capital contribution or R 2 million in cash and a capital contribution of at least R 500 000 originating from abroad is available for, or having already been invested into the book value of a business. As before, this minimum investment sum may be reduced or waived in eight industry classifications such as tourism and crafts.
All future applications for a business permit will have to be accompanied by a business plan outlining both the short term and long term feasibility of the business. Business permit applicants will in addition have to undertake to employ at least five South African citizens or residents on a permanent basis.
Work permits
The four classifications of work permits, namely: quota, general, exceptional skills and intra-company transfer work permit remain, however the requirements have changes as follows:
No longer will an offer of employment have to be produced in order to obtain a quota work permit. Foreigners intending to work in South Africa will be able to obtain a work permit on the strength on their tertiary qualifications and number of years of relevant work experience in categories as specified in the government gazette. Having obtained a quota work permit foreigners are permitted to enter South Africa and have ninety days within which to find suitable employment. Having obtained suitable employment, the foreigner must inform the Department of Home Affairs thereof. Within twelve months and annually thereafter the work permit holder is to inform the Department of Home Affairs continued employment in the same field.
General work permit and intra-company transfer work permits no longer require chartered accountant certification and Department of Labour approval is needed only in certain instances.
Exceptional skills work permits applied for by individuals possessing exceptional skills or qualifications will in future need to substantiate that the applicant would be benefiting the environment in which he/she intends to operate.
Worth remembering
Persons having held a work permit for five years, automatically qualify for applying for permanent residence.
Permanent residence for spouses of SA citizens
Whereas the previous South African immigration law permitted foreign spouses or life partners of South African citizens or residents to apply for permanent residence with no minimum prescribed period, the present laws require that the foreigner have been in the spousal relationship for at least five years prior to applying for permanent residence based on the relationship. This does not prevent foreign spouses of SA citizens or residents requesting work or other kinds of permits on a temporary basis.
Keeping of registers
The responsibility of keeping registers has been expanded and now apply to hotels, motels, boarding houses and lodges, guest houses and apartment buildings, whether furnished or unfurnished and where lodging or sleeping accommodation is provided for payment or reward. A register of all persons who are provided with lodging or sleeping accommodation is to be kept and is to include the full name, passport number, the type of visa, the person’s usual address of residence and the lodger’s signature.
Written by Tiziana Ferrari, Immigration Practitioner registered at Department of Home Affairs
tiziana.ferrari@za.ey.com
Ernst & Young, 35 Lower Long Street, Cape Town Tel: +27-21-410 5744 or +27-21-443 0389
This summary of immigration law changes is intended to keep you abreast of changes and is not intended to be a comprehensive statement of the law. It should not be relied upon as a substitute for specific advice in considering the immigration effects of particular transactions. No liability is accepted for opinions or errors herein.
- 01 Oct 2005, 10:05 am
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Marta GallegoThe company name is only visible to registered members.- 27 Jun 2006, 3:57 pm
