An Authorisation Application is a formal request lodged with the Department of Home Affairs for permission to sojourn South Africa despite the absence of a valid status (an illegal foreigner). In other words the applicant is in possession of an expired visa. Thus has contravened the Immigration Act. A Good Cause to Remain authorises the regulation of the applicant’s stay pending the outcome of the application for a visa from within the country.
Intended for short visits to South Africa for holidays or general leisure, this visa usually allows a stay of up to 90 days. Travelers from many countries don’t need to apply beforehand if they are on South Africa’s visa‑exempt list, as they can receive entry permission upon arrival. Those who do require a tourist visa must submit their application prior to traveling. Once in South Africa, this visa can be extended a single time for an additional 90 days, allowing a maximum stay of 180 days in total.
If you need to carry out short-term work or an urgent assignment in South Africa—such as a brief project, training session, or consulting task—you can apply for a Visitor’s Visa with Work Endorsement under Section 11(2) of the Immigration Act. This visa permits you to work in South Africa for up to 90 days on a temporary basis. It functions as a special visitor visa that includes authorization to perform work for that limited period. The short-term work visa can generally be extended once from within South Africa for an additional 90 days, but it cannot be repeatedly renewed beyond that limit within the same year. This option is well-suited for individuals coming for short work engagements, including equipment installation, temporary contract duties, or urgent business-related responsibilities.
South Africa has recently launched a Remote Work Visa—often referred to as the “digital nomad” visa—designed for foreign remote employees who want to live in the country while working for an employer based abroad. This visa allows you to stay in South Africa for up to three years while continuing your remote work. To be eligible, applicants must demonstrate a stable income earned outside South Africa, currently set at a minimum of about ZAR 650,000 per year from a foreign source. The Remote Work Visa can be renewed from within the country as long as you still meet the criteria. Individuals holding this visa may need to register as taxpayers in South Africa if they remain for an extended period, though they are not entering the local job market.
A Study Visa allows international students to reside in South Africa for the purpose of attending an approved school or university. Once you have an acceptance letter from a recognized South African educational institution, you can apply for a study visa that covers the full duration of your academic program. This visa applies to primary school, high school, college, and university studies. It also permits students to work part‑time for up to 20 hours per week. The visa is generally issued for the length of the enrolled program and can be renewed if you continue with additional studies..
A Business Visa is intended for entrepreneurs and investors who plan to establish or invest in a business in South Africa. To qualify, you must meet specific investment and job‑creation requirements. The Department of Trade, Industry and Competition (DTIC) must issue a recommendation letter confirming that your proposed business is viable and beneficial to the country. You are required to invest capital—currently a minimum of ZAR 5 million—into the venture and ensure that at least 60% of your employees are South African citizens or permanent residents. In certain sectors, the investment threshold may be reduced or waived.
The Critical Skills Work Visa is designed for foreign professionals whose expertise or qualifications are in high demand within South Africa. If your occupation appears on the Critical Skills list, you may qualify. In most cases, you’ll need a job offer that matches your listed skill, a SAQA assessment of your qualifications, and registration with the appropriate professional body. This visa can be issued for up to five years, renewed from within South Africa, and also offers a pathway to permanent residency after five years of employment in the country.
The General Work Visa serves as the main work permit for foreign nationals who have a specific job offer in South Africa that does not fall under the “critical skills” category. As of late 2024, South Africa implemented a points‑based system, requiring applicants to score at least 100 points based on factors such as qualifications, experience, and salary level. The previous requirement for a Department of Labour certificate has been removed. These visas may be issued for up to five years and can be renewed within South Africa, and any change in employer or job role requires updating the visa accordingly.
An Intra‑Company Transfer (ICT) Work Visa enables a foreign employer to relocate an employee from an international branch to its South African office or affiliate. The company must submit a skills‑transfer plan as part of the application. This visa is issued for a maximum of four years and cannot be extended beyond that period within South Africa, meaning a new application or a different visa category would be required afterward. It applies strictly to the specific transfer role and the defined duration of the assignment.
A Medical Treatment Visa is intended for individuals who need to travel to South Africa to receive medical care or treatment. You must submit a letter from a registered South African medical practitioner or hospital outlining your diagnosis, treatment plan, expected duration, and proof of sufficient funds to cover both medical and living costs. This visa is typically issued for the length of the treatment, up to six months, and may be extended once if necessary. Working is not permitted under this visa.
A Retirement Visa is available to foreign nationals who wish to settle in South Africa and support themselves through pension income or investment returns. You must show a guaranteed lifelong income of at least ZAR 37,000 per month. The visa can be issued for up to four years at a time and may be renewed indefinitely. Retirees can also request an endorsement allowing them to work or operate a business in exceptional circumstances.
For individuals who want to volunteer, participate in charitable or unpaid work in South Africa, or take part in certain long‑term visitor activities such as academic research, this visa is available for the duration of the program—often up to three years—and can be renewed if the program continues. You must provide an acceptance or invitation letter and demonstrate that you have sufficient funds to support yourself. Paid employment is not permitted under this visa.
For individuals taking part in cultural, academic, youth, or work‑placement exchange programs organized by government departments, educational institutions, or international organizations, this visa covers participation for the full duration of the program—typically up to 12 months. Activities are restricted to those outlined in the exchange program, and it does not serve as a route into regular employment.
Spousal Visa
A Spousal Visa is available to individuals legally married to South African citizens or permanent residents. You must provide a valid marriage certificate. These visas are typically issued for 2–3 years. If the holder wants to work, study, or run a business, an 11(6) endorsement can be added to the visitor’s visa.
Life Partner Visa
A Life Partner Visa is intended for unmarried couples in long‑term relationships with South African citizens or permanent residents. Applicants must show at least two years of cohabitation, submit a notarial cohabitation agreement, and provide evidence of shared finances or household responsibilities. It is usually granted for 2–3 years and may include an 11(6) endorsement for work, study, or business activities.
Dependent Visa (Child or Parent)
A dependent child of a South African citizen or permanent resident may apply for a relative’s visa. A parent of a South African citizen or permanent resident can also qualify if dependency—financial or caregiving—is demonstrated. These visas are generally issued for two years.
Post‑Relationship Parent Visa
Following a Constitutional Court ruling, individuals who were previously married to South African citizens and have South African children may qualify for a relative’s visa even after the relationship has ended. This visa may include a work endorsement when the applicant provides financial support for the South African child.
If you have held valid South African work visas for five consecutive years and now have a permanent job offer, you may qualify for permanent residency. Your application will include the standard PR documentation—such as police clearances and medical reports—along with proof of your employment and your history of work visas.
Permanent residency is available to spouses and life partners of South African citizens or permanent residents once they have been in a genuine, ongoing relationship for at least five years. Both married couples and unmarried life partners can qualify, provided they submit the appropriate proof—such as a marriage certificate or partnership affidavits, along with evidence of joint finances, shared responsibilities, or cohabitation.
Minor children of South African citizens or permanent residents can obtain permanent residency as dependents. In most cases, children under 21 are included in a parent’s PR application or may apply independently, provided they submit proof of the parent‑child relationship and, where necessary, documentation confirming guardianship.
For applicants working in an occupation listed on the Critical Skills list who have at least five years of post‑qualification experience—and typically a current position or job offer in South Africa—this category may apply. A SAQA evaluation of qualifications and registration with the relevant professional body are usually required.
Entrepreneurs and investors can obtain permanent residency by committing substantial capital—typically starting from ZAR 5 million—into a South African business, supported by a DTIC recommendation letter and a plan demonstrating that the majority of employees will be South African citizens or permanent residents (usually 60% or more). The investment and job‑creation commitments must be maintained on an ongoing basis.
Direct permanent residency is available to retirees who can demonstrate a guaranteed lifelong income of at least ZAR 37,000 per month from pensions, annuities, or investment returns. Prior temporary residence in South Africa is not required for this category.
Permanent residency is available to first‑degree relatives of a South African citizen or permanent resident—specifically parents or adult children. Applicants must provide proof of the family relationship as well as a financial support undertaking from the South African sponsor. Once granted, PR allows the holder to live, work, study, or operate a business in South Africa.
A waiver may be requested when an applicant cannot meet a specific requirement set out in the Immigration Act for a temporary residence visa. The application must be thoroughly motivated and demonstrate good cause, explaining why the requirement cannot be met and why the visa should still be considered. Waivers are particularly helpful in situations where strict compliance would result in undue hardship or where exceptional circumstances apply. Each request is evaluated individually by the Department of Home Affairs.
Applicants who cannot meet one or more of the permanent residency requirements may request a waiver from the Department of Home Affairs. This mechanism provides flexibility in situations where compliance with a specific regulation is genuinely not feasible, as long as strong justification and supporting evidence are provided. A granted waiver does not guarantee approval of the PR application; it simply allows the case to proceed without the waived condition, subject to final adjudication. Waivers are generally reserved for exceptional circumstances and must be comprehensively motivated.
If your application for a temporary visa or permanent residency is refused by the Department of Home Affairs, you have the right to appeal. Appeals must be submitted within the prescribed time limits and should include a detailed motivation that responds directly to the reasons for refusal, together with supporting documents or any new relevant information.
The process begins with a Section 8(4) appeal to the Director‑General. If this is unsuccessful, a further Section 8(6) appeal can be lodged with the Minister of Home Affairs. Both stages require clear, well‑structured arguments backed by evidence.
Overstaying a South African visa can lead to being declared undesirable and banned from re‑entering the country. An overstay of fewer than 30 days may result in a 12‑month ban, while a second offence of under 30 days can lead to a two‑year ban. If the overstay exceeds 30 days, a five‑year ban may be imposed.
Individuals who have been banned may submit an appeal requesting that the ban be lifted. This must be thoroughly motivated and supported with documentation. Even once the full ban period has expired, re‑entry is not automatic; a formal lapsed ban application must still be filed and approved.
The appeal process begins with a Section 8(4) submission to the Director‑General. If unsuccessful, a Section 8(6) appeal may then be lodged with the Minister of Home Affairs.
If an individual remains in South Africa after their visa has expired, they may apply for authorisation to remain in the country and submit a new visa application from within South Africa—this is known as a good cause application. The applicant must provide a detailed motivation explaining why the visa lapsed and include documentation showing that they would otherwise qualify for the new visa category.
If approved, the individual is permitted to regularise their status by submitting the new visa application in‑country. If the request is refused, the decision may be appealed—first through a Section 8(4) appeal to the Director‑General, and, if necessary, through a Section 8(6) appeal to the Minister of Home Affairs.
A person may be declared a prohibited person and barred from entering South Africa, usually due to serious immigration violations such as using fraudulent visas or forged documentation. It is possible to submit a detailed appeal requesting that the prohibited status be removed.
The appeal must be thoroughly motivated and supported with documentation, including police clearance certificates from both the individual’s country of origin and from South Africa. The process begins with a Section 8(4) appeal to the Director‑General, and if unsuccessful, a Section 8(6) appeal may be lodged with the Minister of Home Affairs.
Asylum applications are lodged with the Refugee Reception Office. Successful applications would result in the issuance of formal recognition as a refugee. Conversely a rejection would require litigation against the Standing Committee for Refugee Affairs or the Refugee Appeals Authority of South Africa. This will have repercussions affecting a plethora of human rights, which could result in arbitrary arrests for being an undocumented foreign national. In addition, refugee children require protection in instances where they are born to undocumented parents.
We assist with a range of refugee related matters from the initial lodging of the application with the Refugee Status Determination Officer, subsequent litigation, family joining, and representation in both lower and higher courts.
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