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South Africa
Immigration Services

SA

We provide South Africa immigration services from short term visas to long term visas as well as permanent residence permits. Our team further provides South Africa legal immigration services.

Be assured to be assisted with a qualified and experienced immigration team with vast experience and qualified in their specialised disciplines.

Critical Skills Work Visa.

South Africa gazette a new Critical Skills List on 2 February 2022 showing the critical skills professions that are in short supply in the economy.

Getting help with your Critical Skills Work Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the critical skills work visa and answer any queries you may have with no commitment.

General Work Visa

Work visas are issued only to foreigners where South African citizens with the relevant skills are not available for appointment. These visas are issued for a set duration which varies on the type of work visa being applied for.

General work Visas are valid for the duration of the contract of employment or a period not exceeding 5 years. A general work permit shall lapse if within 6 months of issuance and if every year thereafter the holder fails to submit satisfactory proof to the Director-General that he/she is still employed along with proof of the terms and conditions of the job, and the job description.

Getting help with your General Work Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the general work visa and answer any queries you may have with no commitment.

Corporate Visa

A corporate visa allows a corporate entity (e.g., a mine group, farmer, etc.) to employ a pre-determined number of skilled/semi-skilled/ unskilled workers. A corporate visa is issued for a period not exceeding three years.

Getting help with your Corporate Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Corporate Visa and answer any queries you may have with no commitment.

Intra-Company Transfer Work Visa

Occasionally, multi-national companies may decide to transfer an existing employee from a foreign branch to a branch in South Africa. These employees must apply for intra-company transfer work visa. In such cases, no proof of steps taken to obtain the services of a South African citizen/permanent residence will be required.

Intra-company transfer work Visa are issued for a period not exceeding 4 years and cannot be renewed or extended.

However, where an assignee has completed four years of his/her international assignment and the operational needs of the branch, subsidiary or Affiliate Company in South Africa requires the services of the assignee for a further period, an application for a new intra-company work visa needs to be submitted. Such applications must, however, be submitted at the South African Mission in the applicant’s country of origin or of permanent residence. A new intra-company transfer work visa for a period not exceeding four years may be granted, provided that all prescribed requirements are met.

Getting help with your Intra-Company Transfer Work Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Intra-Company Transfer work visa and answer any queries you may have with no commitment.

Short-Term Work-Related Activities Visa

Visitor’s Visa Section 11(2)

Visitor’s visa section 11(2) with authorization to conduct work (3 months).

In terms of regulation 11(7)(e), read with section 11(1)(a) of the Act, an extension of a further 90 days of such visa status in South Africa may be applied for. This is a recent addition to the 2014 Immigration Regulations.

This is a very useful strategy where foreign workers are required to come to South Africa for specific work to be conducted without having to comply with the time-consuming and burdensome requirements of typical work visas.

It may also be a precursor to a more definite strategy for a company whilst it is still arranging its positioning within the South African market in terms of strategy in the marketplace.

Getting help with your section 11(2) Visitor’s Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Section 11(2) Visitor’s Visa and answer any queries you may have with no commitment.

Visitor’s Visa section 11(6) – spouse of a citizen or permanent resident and work.

A Section 11.6 Visa is a Temporary Residency Visa granted to a non-South African citizen or resident who is married to a South African citizen/permanent resident. The section 11.6 Visa is like the Spousal Visa. The difference between them is that the Section 11.6 Visa allows an applicant to work/study or run a business in South Africa while the Spousal Visa does not. While the Spousal Visa lasts up to 2 years, The Section 11.6 Visa is valid for up to 3 years. The duration of the visa depends on the official adjudicating the application.

Getting help with your section 11(6) Visitor’s Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Section 11(6) Visitor’s Visa and answer any queries you may have with no commitment.

Short-Term Work-Related Activities Visa

A Section 11.6 Visa is a Temporary Residency Visa granted to a non-South African citizen or resident who is married to a South African citizen/permanent resident. The section 11.6 Visa is like the Spousal Visa. The difference between them is that the Section 11.6 Visa allows an applicant to work/study or run a business in South Africa while the Spousal Visa does not. While the Spousal Visa lasts up to 2 years, The Section 11.6 Visa is valid for up to 3 years. The duration of the visa depends on the official adjudicating the application.

Getting help with your section 11(6) Visitor’s Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Section 11(6) Visitor’s Visa and answer any queries you may have with no commitment.

Family Visa

1.Relative Visa 

As an immediate family member of a South African citizen or permanent resident you may be issued a relative’s permit once the financial means as contemplated in the Immigration Act, 2002 (Act No. 13 of 2002) have been complied with. Relative’s permits are valid for a minimum period of 24 months and may be extended.

Relative visas apply to family members of a South African citizen or permanent resident based on a 1st or 2nd degree of kinship. Children, siblings, parents, grandparents, and grandchildren may apply under this visa category.

Getting help with your Relative Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Relative Visa and answer any queries you may have with no commitment.

2.Visitor’s Visa section 11(6)

Visitor’s visa section 11(6) – spouse of a citizen or permanent resident and work.

A Section 11.6 Visa is a Temporary Residency Visa granted to a non-South African citizen or resident who is married to a South African citizen/permanent resident. The section 11.6 Visa is similar to the Spousal Visa. The difference between them is that the Section 11.6 Visa allows an applicant to work/study or run a business in South Africa while the Spousal Visa does not. While the Spousal Visa lasts up to 2 years, The Section 11.6 Visa is valid for up to 3 years. The duration of the visa depends on the official adjudicating the application.

Getting help with your section 11(6) Visitor’s Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Section 11(6) Visitor’s Visa and answer any queries you may have with no commitment.

3. Spousal Visas

If you are legally married to a South African citizen or permanent resident, you may qualify for a Spousal visa under the South African Immigration Act. South African law recognises both heterosexual and homosexual marriages.

Getting help with your section Spousal Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Spousal Visa and answer any queries you may have with no commitment.

4. Accompanying Child Visitor’s Visas

This visa allows dependents to accompany their parent(s)/legal guardians on a temporary residence basis in South Africa, for the duration of the primary applicant’s stay. Please remember that all dependents will be required to have study visas if they are full time students or scholars.

Getting help with your Accompanying Child Visitor’s Visas

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Accompanying Child Visitor’s Visas and answer any queries you may have with no commitment.

 5. Accompanying Spouse Visas

This visa allows heterosexual and homosexual spouses and life partners, to accompany their spouse or life partner on a temporary residence basis in South Africa.

Getting help with your Accompanying Spouse Visas

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Accompanying Spouse Visas and answer any queries you may have with no commitment.

6. Life partner visas

The South African law recognises well established heterosexual and homosexual relationships. If you are able to demonstrate in a long-term relationship with a South African citizen or permanent resident, you may qualify for a life partner visa. We can assist you in obtaining all the necessary legal documentation that is required in support of your life partner application

Getting help with your Life Partner Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Life Partner Visas and answer any queries you may have with no commitment.

Call us today at +27 (11) 259-9062 to learn more about our South African immigration services.

Our 3-Step Visa Application Process at Mimshac Group

With Mimshac Group as your partner, obtaining your visa is no longer a daunting odyssey. We empower you with knowledge, expert guidance, and unwavering support, transforming the complexities into a smooth and efficient journey. So, why wait? Contact Mimshac Group today and set sail towards your visa dreams!

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Holiday Visa

Section 11(1) Visa

A Visitor Visa is applied at South African Embassy or Mission abroad. An applicant can apply for a renewal on existing visa subject to decision by Department of Home Affairs to grant the visa or permit. A Visitor Visa is a document that gives travelers permission to enter South Africa on a temporary basis for visiting to family or friends and tourism purposes.

Getting help with your Section 11(1) Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Section 11(1) Visa and answer any queries you may have with no commitment.

Business Visa

Foreigners who are contemplating investing in the South African economy by establishing a business or by investing in an existing business in the country must apply for a business visa. As an applicant, you will be required to invest a prescribed financial capital contribution.

A South African business visa may be issued to a foreigner who intends to establish his or her own business or invest in an existing business in South Africa a minimum of R5 million from abroad into such business provided such funds are certified by a registered accountant to remain part of the underlying book value of the business.

The Department of Home Affairs in South Africa must be satisfied that the business is legitimate in terms of business plans, undertakings for SARS and other registrations, where necessary, and undertakings that a minimum ratio citizens or permanent residents will be employed, in the application process of a business visa.

Certain sectors of industry business in South Africa that are material to local enterprise and development like information technology, tourism industry, clothing and textile and other industries consented to by the Department of Trade and Industry, will allow the Director-General to waive or reduce the above investment amount of R5 million in terms of the South African business visa.

There are certain businesses that are excluded that are considered undesirable and there are businesses that are considered favorable and in the national interest which in fact qualify for a reduced investment amount.

Getting help with your Business Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Business Visa and answer any queries you may have with no commitment.

Permanent Residence

This category of permit is applicable to foreigners who have been residing in South Africa on the basis of their work permits for a minimum period of five years, their spouses and also to dependents of South African citizens/permanent residence permit holders.

Applications for permanent residency in South Africa are considered in terms of Section 26 (Direct Residency Permits) and Section 27 (Residency-on-Other-Grounds Permits) of the Immigration Act 2002 (Act No 13 of 2002) and read with Regulation 33 of the Immigration Regulations. In terms of granting Permanent Residency Permits, emphasis is placed on immigrants who are in a position to make a meaningful contribution to broadening the economic base of South Africa.

Section 26 – Direct Residency

Section 26(a) – General Work Permit

Section 26(b) – Spouse Married for a minimum of Five Years

Section 26(c) – Dependent of a South African Citizen or Permanent Residence Holder under 18 years of age (minor)

Section 26(D) – Dependent of a South African Citizen over 21 years

Section 27 – Residency on other Grounds

Section 27(A) – Applicants with a Quota Permit

Section 27(B) – Applicants with Critical Skills

Section 27(C) – Business

Section 27(D) – Refugee

Section 27(E) – Applicant who has retired

Section 27(F) – Financial Independent Client

Section 27(G) – Relative of a South African citizen or Permanent Residence Holder

Getting help with your Permanent Residence

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Permanent Residence and answer any queries you may have with no commitment.

Study Visa

Study visas for studies at a learning institution shall be issued other than a school shall be issued for the duration of course registered for. Study visas for learning institutions defined as a school shall be valid for the duration of the study: provided the duration shall not exceed eight years at a primary school and 6 years at a secondary school

As a holder of a study permit you may also apply for permission to work for the purposes of getting work experience, as part of your studies to obtain a diploma or degree by submitting:

  • an offer to do practical training
  • consent from the educational institution
  • proof that you are still a registered student

Alternatively, as a foreigner studying at a higher educational institution with a valid study permit, you may work part-time for no more than 20 hours per week. However, you may not work during academic vacations.

Getting help with your Study Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Study Visa and answer any queries you may have with no commitment.

Relative Visa

A relative’s visa may be issued for the prescribed period by the Director-General to a foreigner who is a member of the immediate family of a citizen or a permanent resident, provided that such citizen or permanent resident provides the prescribed financial assurance. 

Getting help with your Relative Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Relative Visa and answer any queries you may have with no commitment.

Retired Persons Visa

Retired persons’ permits may be issued to persons who wish to retire in South Africa, provided that such persons comply with the financial requirements provided for in the Immigration Act, 2002 (Act No. 13 of 2002) and its Regulations.

A person who wishes to retire in South Africa may apply for a retired person visa, provided that he or she receives at least R37 000 per month from a pension fund or an irrevocable retirement annuity or has a net worth or a combination of assets realising a minimum monthly income of R37 000.

Getting help with your Retired Person Visa

As experienced Immigration professionals we offer a tailormade and dedicated service to applicants seeking to apply for this visa.

We welcome the prospect to consult with you as for your eligibility and application for the Retired Person Visa and answer any queries you may have with no commitment.

Legal Advisory Services

Mimshac Group is professionally resourced with competent qualified immigrations legal experts to maneuver the immigration law landscape and regulations in South Africa.

We offer immigration related legal services to individuals and organizations in South Africa

Overstay Appeals

When a foreign national departs from South Africa without a valid or with an expired visa, they will receive an overstay ban at the port of entry.

One cannot explain and negotiate the reasons of overstaying at the port of entry as immigration officials are obliged to issue an overstay ban if the person has an expired visa.  

Any reasons or mitigating factors will not help avoid getting the ban on exiting from the country at port of entry, however all supporting information and reasons will be used on the overstay appeal that Mimshac Team will prepare on behalf of the client.

If you overstay in South Africa, you will get a ban of up to 1 year is you overstay by up to 30 days or a ban up to 5 years of you overstay by more than 30 days.

Common Ways of Getting an Overstay Ban

  • A foreign person visited the country on a visitor’s visa and the visa has expired before departing from the country.
  • A foreign person on valid visa extended their visa in South Africa but the visa outcome takes longer than expected and they decide to depart from the country before the new visa is issued. They will get an overstay ban as their visa had expired.
  • A foreign national extend their visa in South Africa and the visa outcome is rejected by Home Affairs. When they exit the country, the visa will have expired, and they will get a ban.
  • A foreign national remains in South Africa and stays beyond the visa validity due to intentional or unintentional reasons, they will get a ban on exiting from the country.

Requirements for an Overstay Appeal

To prepare an application and assess the merits of the application we will require the following documents from the applicant who has been banned

  • Passport Copy
  • Expired Visa Copy
  • Copy of the document declaring undesirable status (Form 19)
  • Reasons for the overstay
  • Any supporting documents to support the appeal such as medical reports, marriage certificates, birth certificates, work contracts or any other supporting proof

Solution

legal appeal against DHA rejections

DHA can reject a visa or permit outcome based on their interpretation and adjudication process. Where such rejections are unwarranted and can be contested at law, an appeal will be required.

Mimshac Team is there to prepare a well formulated application citing legal grounds of contesting the decision of DHA.  Applicants can appeal for rejections by completing the online application form.

When does one get an application rejection?

  • When one applies for a temporary residence permit or a permanent residence permit and DHA issues a letter of rejection citing reasons of rejection
  • Upon assessment of the rejection letter, we can advise if an appeal is required or if it is better to prepare a whole new application altogether if the rejection is correct at law.

Solution

  • Appeals are subject to DHA approval and applicant need to apply within 10 working days for section 8 (4) from the date of receiving the decision.
  • A review of an application in terms of section 8 (6), applicant need to apply within 10 working days from the date of receiving the decision. A review is the second chance if the appeal is unsuccessful.
  • Based on the approach advised by Mimshac legal team, we will either appeal / review within the 10 days or prepare a fresh new application altogether is the rejection is correct at law.

Waivers

Where a good cause can be established, the Minister can waive certain requirements of visa applications in favor of the applicant.

Applicants can apply for waiver for a requirement on their temporary residence visa or permanent residence permit.

Upon the successful issuing of the waiver then the actual visa application process can proceed. It is important to note that the issuing of waiver is subject to the discretionary adjudication of Department of Home Affairs.

Circumstances when a waiver is required

  • When key foreign national require applying a General Work visa without applying a Labour certificate from Department of Labour. The waiver will be to waiver the requirement of producing a Labour certificate.
  • When investors intend to open a business in South Africa but do not have the required cash capital determined by DHA. The investor can apply for a waiver to have the required cash capital waived or reduced.
  • In cases where a foreign parent requires a visa to look after their minor child who is a local citizen or permanent resident. Upon the success of the waiver the required visa will then be applied.
  • When any requirement for immigration purposes cannot be provided

Solution

  • Our legal team will prepare professional and well-formulated waiver requests and submit to waiver section of the Department of Home Affairs in Pretoria.
  • Upon the successful issuing of the waiver further immigration processes will commence to finalise the applicable application.

Finalisation Of Outstanding Trv Or Prp Or Appeal Applications

Extreme delays in the finalisation of application are a common occurrence with the Department of Home Affairs. We offer a specialised Legal Immigration Services that seek to expedite pending applications through the courts to bring final relief to our clients.

When is intervention required for finalisation of outstanding applications?

  • Delayed Temporary residence outcome
  • Delayed Permanent residence outco
  • Delayed Appeal outcome
  • Delayed Review outcome

Solution

Good Cause Applications

A letter of good cause is an application made by foreigners whose visa is nearing expiration or has already expired and are seeking permission to renew it while still residing within the country.

Illegal Foreigners who need a Letter of Good Cause

  • Any illegal foreigner is one who has an invalid or expired permit
  • If the letter of good cause is issued, the one with an invalid or expired permit will be allowed to proceed to make a new visa application

Solution

Section 32 of the Immigration Act contains the criteria used for the authorisation application. We will act in accordance with section 32 and regulation 30 of the Immigration Act and its associated Regulations and craft the factors that will go the core of the overstay and excuse such conduct.

For an illegal foreigner to be granted authorisation, the application should prove:

  • His or her timely visa application was hindered mainly by reasons beyond his/her control.
  • He or She has not been arrested within the state or has not been ordered to leave South Africa.
  • He or She is currently able to apply for a visa.
  • Must have already completed a visa application and is ready to submit at the time of approval or rejection
  • The approval is a sole discretion of the Director General, and once approved one is allowed to continue staying in the country and apply for the appropriate visa.
  • If rejected one will be required to exit the country immediately and on exiting the country, you will be banned on overstay.
  • This means before coming back to South Africa, one must firth remove overstay

Judical Review Of Decisions

When a foregn national has followed all remedies to appealing a DHA application outcome and they outcome is still rejected, they would conisder a Judicial review.

A Judical Review requires the high court intervention in a case where DHA supposeldy rejceted an application due to an error at law and the foreign national would seek a relief to moverride the rejection decision. 

When is a Judicial Review Applicable

  • When an applicant has appealed and applied for reviee and the application still gets rejected.
  • A judicial review will be seekimg court intervention to rederss the rejection and overtunr the deciison

Solution

  • Mimshac legal team will take instructsions and prepare an application that will explain how DHA made an error of judgemnet and decision in making the rejection.
  • The matter will be heard as a High Court application.
  • If the matter is successful costs will be claimed from DHA as their decision would have led to thjer error of judgement.

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