UFH International Students Immigration Information

Work or Business Visa

ENDORSEMENT FOR PART-TIME STUDIES FOR HOLDERS OF GENERAL, CRITICAL SKILLS, INTRA-COMPANY TRANSFER WORK VISAS AND BUSINESS VISAS

Please be informed that with effect from the 1st of May 2015 a holder of a valid temporary residence visa issued for the categories mentioned below will be allowed to register and undertake part-time studies with Institutions of Higher Learning as defined by the Immigration Regulations of the Immigration Act, 2002 (Act No. 13 of 2002) during the validity period of their respective visas.

a. General work visa;

b. Critical skills work visa;

c. Intra-company transfer work visa; and

d. Business visa;

The holders of the above-listed categories of temporary residence visas will no longer be required to submit requests to the Department for “endorsement “of study as a secondary activity. This provision allows for part-time study ONLY. Institutions of Higher Learning registered with the Department of Higher Education are advised not to allow these categories of applicants to study full time on these visas.

The duration of the course/qualification must not exceed the period of validity of the primary visa. A register of such learners must be kept by the institution of learning and be made available to the Inspectorate of the Department of Home Affairs for inspection when required. This Directive replaces the secondary activity endorsements for study as previously provided for in Directive 31 of 2008

To apply for an endorsement, you will have to undertake the following process:

Go to the VFS website www.vfsglobal.com/dha/southafrica/

Click on “Online Application Form”
Click on “Apply Now”
It will take you to the next page titled “Schedule an appointment”
At the bottom of the list click on the “please click here” link

It will take you to the next page where you will be required to select the following options:

Application type: Select “Temporary Residence Visa”
Application sub-type: Select “TRV-Change in existing visa conditions”
Application sub-type category: Select “General Work Visa” or “Critical Skills Visa”. This sub-category is dependent on the type of visa held.
Location: Select the office of VFS where you intend to submit your application
Payment mode: Select the method of payment
Previous reference no: type the reference number of the current visa sticker.

Click “Submit” to complete the transaction.

Create a ‘User Profile’ for new users. If you have an existing account ‘login’

Click on ‘New Application’
Complete Form
Schedule an appointment with VFS
When the date is confirmed, the checklist, completed form and payment details will be accessible. Download and print all the documents.
Prepare all supporting documents as per the check list and make payment
Sign the completed form.

For the appointment take:

The completed signed application form
All supporting documents as per the check list
Proof of payment
Copy of Passport
Copy of current visa

Asylum Seeker

He/She is a person who has fled his or her country of origin and is seeking recognition and protection as a refugee in the Republic of South Africa, and whose application is still under consideration.

In case of a negative decision on his application, he has to leave the country voluntarily or will be deported.

Eligibility Procedure: Asylum Seeker

A person enters the Republic of South Africa through a port of entry (a land border post, airport or harbor), claims to be an asylum seeker and is, therefore, issued with a section 23 Permits which is a non – renewable“asylum transit permit” of the Immigration Act.
The permit is valid for a period of 14 days only and authorizes the person to report to the nearest Refugee Reception Office in order to apply for asylum in terms of section 21 of the Refugee Act.
The asylum seeker is required to furnish:

– A section 23 permit

– Any proof of identification from the country of origin

– A travel document if in possession of one

The asylum seeker lodges in person his application at a designated Refugee Reception Office where an admissibility hearing takes place.The following are done:

– Applicant’s fingerprints taken in the prescribed manner

– Interpreter if secured (if necessary)

– First interview conducted by a Refugee Reception Officer (RRO) and BI- 1590 form duly completed

– Applicant’s data and image captured in the refugee system

– An Asylum Seeker’s permit (a section 22 permit) is printed, signed, stamped and issued to the Asylum Seeker

The section 22 permit which is valid for a period of six monthslegalizes the asylum seeker stay in the Republic of South Africa temporarily pending a final decision on his application. The permit can be extended by an RRO for a further six months while the process of status determination is in progress.
The holder of section 22 permit has the right to work and study in South Africa and is protected against deportation to his country of origin.

Refugee

He/She is a person who has been granted asylum status and protection in terms of the section 24 of Refugee Act No 130 of 1998.

Under the 1951 United Nations Convention, a refugee can be a “convention refugee” who has left his home country and has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or a membership in a particular social group.

Under the same convention, a refugee can also be a person “in need of protection” whose removal to his home country would subject him personally to a danger of torture or to a risk to his life or a risk of cruel and unusual treatment or punishment.

Role of the Government of the Republic of South Africa

The Government of the Republic of South Africa has an obligation to grant protection to refugees and other persons in need of protection under a number of UN Conventions such as the 1951 Convention Relating to the Status of Refugees.

However, Convention refugees and persons in need of protection based on a risk to life, or a cruel and unusual treatment must have faced personally the risk all the way through in the country in question.

Click here to view more information regarding Refugee status

Permanent Residency

General Information

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.

In order to make an application for a permanent residency permit, applicants must first submit representation to the Minister of Home Affairs motivating why he or she should be declared not to be a prohibited person or an undesirable person.

You may be considered a prohibited person if:

You are infected with infectious diseases that can spread easily. These diseases include cholera; pestilence, yellow fever and any other diseases as determined by the Department of Health from time to time
You have a warrant of arrest against you or a conviction for genocide, torture, drug trafficking, money laundering, kidnapping, terrorism, or murder secured in South Africa or any country with which South Africa has regular diplomatic relations
You are a member or supporter of an organisation practising racial hatred or social violence
You are a member of an organisation using crime or terrorism to reach its goals
You have previously been deported and have not been rehabilitated by the Department in the prescribed manner.
You may be deemed to be rehabilitated if:
you submit a sworn affidavit or solemn declaration that you will comply with the Act
the Department has no reason to believe that you are inclined to violate the Act again
you have not been inside the Republic of South Africa for a period of 4 years or more
alternatively, you may be deemed to be rehabilitated by a forfeiture to the State of R50 000 (which may be reduced to R2000 if you paid for the cost of your deportation as well as the related costs).

You may be deemed to be an undesirable person if:

you are or are likely to become a public charge
you are identified by the Minister (after consultation with the Immigration Advisory Board as undesirable o you have been judicially declared incompetent
you are an un-rehabilitated insolvent
you are a fugitive from justice
you have a previous criminal conviction without the option of a fine for conduct which would be an offence in South Africa (with the exclusion of certain prescribed offences).

It is only after the Minister of Home Affairs has declared a prospective immigrant not to be a prohibited/undesirable person, that an application for permanent residency status can be submitted.

Once you have received a positive response from the Minister of Home Affairs, you may submit an application for either a Direct Residency Permit or a Residency-on-Other-Grounds Permit.

Direct residence permits

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.

To apply for a direct residency permit you need to complete Form BI-947.

Residency-on-other-grounds permits

This category of permits applies to foreigners who:

are in possession of a permanent work offer in South Africa, or
have exceptional skills and qualifications
intend to establish a business in South Africa
qualify as Refugees in terms of Section 27(c) of the Refugees Act
qualify as retired persons
are financially independent
are relatives (biologically or judicially adopted) of a South African citizen/permanent residence permit holder

You can apply for all Permanent Residency Permits at the Department of Home Affairs, at the nearest office in the South African province in which you intend to live and work. Alternatively, if you are based overseas, you can apply at your nearest South African embassy, mission or cunsulate in the country in which you live.

An attorney, advocate or immigration practitioner can make the application on your behalf (note that the immigration practitioner must be registered with the Association of Immigration Practitioners of South Africa (AIPSA).

Where applicable, a non-refundable fee is payable on submission of your application (spouses as per Section 26(b), dependent as per sections 26(c) and refugees as per Section 27(d) are excluded).

In addition to completing and submitting Form BI-947, you must also provide the following documentation:

A full set of fingerprints
A marriage certificate / Proof of spousal relationship, if applicable
A divorce decree / proof of legal separation, if applicable
Proof of custody of a minor, if applicable
A death certificate for a late spouse, if applicable
The consent of parents in the case of minors
Proof of judicial adoption of a minor, if applicable
Police clearance certificates for all countries in which you resided for a period of one year or longer since your 18th birthday
Valid temporary residencies permit (if already in South Africa).

Additional documents are applicable to the different immigration categories and these are listed in the permanent residence application Form BI-947.