Waivers

PRP WAIVER

OVERVIEW

Applicants can apply for Waiver by completing the online application form. Waivers are subject to DHA approval.

DOCUMENTS REQUIRED

PERMANENT RESIDENCE PERMIT

• Duly completed online form. Handwritten forms will not be accepted by Department of Home Affairs.
• Applicants are requested to get original documents for verification while submitting photocopies for any visa / permit category
• Original passport
• Copies of passport and previous visas
• Original Bank payment / Electronic Fund Transfer receipt for each applicant
• Original and Copy of Bank Receipt per applicant in case of Repatriation / Bank Guarantee paid in Department of Home Affairs Account
• Appointment Letter A letter signed by the employer, citing the requirements to be waived and a comprehensive motivation for each requirement.
• A copy of the applicant’s curriculum vitae.
• A copy of the applicant’s passport and all temporary residence permits affixed therein.
• A copy of the employment contract signed by both the employer and the employee. if applicable.
• Background on the company/institution for record purposes.
• Business Plan, Bank or financial statements, if applicable
• Recommendation from the Department of Trade and Industry, if applicable.

Work visa

Section 19

1. A general work visa may be issued by the Director-General to a foreigner not falling within a critical skills category contemplated in subsection (4) and who complies with the prescribed requirements.

Work visa

Regulation 18

1. An applicant for a general work visa, critical skills work visa or intra-company transfer work visa shall submit-
   • a written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary; and
   • Original Police clearance certificate issued by the police or security authority in each country where the relevant applicant resided for 12 months or longer after attaining the age of 18 years except for South Africa, in respect of criminal records or the character of that applicant, which certificate shall not be older than six months at the time of its submission: (Provided that the certificate shall not be required from a foreign country in the case of renewal or extension of a visa).
     • South African police clearance will be validated upon biometric enrolment at the VFS center
     • Biometric enrolment fee applicable: Yes
2. The employer shall ensure that the passport of his or her employee is valid at all times for the duration of his or her employment.
3. An application for a general work visa shall be accompanied by-
   1. a certificate from the Department of Labour confirming that-
      • despite a diligent search, the prospective employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experience equivalent to those of the applicant;
      • the applicant has qualifications or proven skills and experience in line with the job offer;
      • the salary and benefits of the applicant are not inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the Republic; and
      • the contract of employment stipulating the conditions of employment and signed by both the employer and the applicant is in line with the labour standards in the Republic and is made conditional upon the general work visa being approved;
   2. proof of qualifications evaluated by the SAQA and translated by a sworn translator into one of the official languages of the Republic;
      • full particulars of the employer, including, where applicable, proof of registration of the business with the Commission on Intellectual Property and Companies (CIPC);
      • an undertaking by the employer to inform the Director-General should the applicant not comply with the Act or conditions of the visa; and
      • an undertaking by the employer to inform the Director-General upon the employee no longer being in the employ of such employer or when he or she is employed in a different capacity or role.

TRV WAIVER

OVERVIEW

Applicants can apply for Waiver by completing the online application form. Waivers are subject to DHA approval.

DOCUMENTS REQUIRED

TEMPORARY RESIDENCE VISA

• Duly completed online form. Handwritten forms will not be accepted by Department of Home Affairs.
• Applicants are requested to get original documents for verification while submitting photocopies for any visa / permit category
• Original passport
• Copies of passport and previous visas
• Original Bank payment / Electronic Fund Transfer receipt for each applicant
• Original and Copy of Bank Receipt per applicant in case of Repatriation / Bank Guarantee paid in Department of Home Affairs Account

Work visa

Section 19

1. A general work visa may be issued by the Director-General to a foreigner not falling within a critical skills category contemplated in subsection (4) and who complies with the prescribed requirements.

Work visa

Regulation 18

1. An applicant for a general work visa, critical skills work visa or intra-company transfer work visa shall submit-
   1. a written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary; and
   2. Original Police clearance certificate issued by the police or security authority in each country where the relevant applicant resided for 12 months or longer after attaining the age of 18 years except for South Africa, in respect of criminal records or the character of that applicant, which certificate shall not be older than six months at the time of its submission: (Provided that the certificate shall not be required from a foreign country in the case of renewal or extension of a visa)
      • South African police clearance will be validated upon biometric enrolment at the VFS center
      • Biometric enrolment fee applicable: Yes
2. The employer shall ensure that the passport of his or her employee is valid at all times for the duration of his or her employment.
   1. An application for a general work visa shall be accompanied by-
      • a certificate from the Department of Labour confirming that-
        • despite a diligent search, the prospective employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experience equivalent to those of the applicant;
        • the applicant has qualifications or proven skills and experience in line with the job offer;
        • the salary and benefits of the applicant are not inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the Republic; and
        • the contract of employment stipulating the conditions of employment and signed by both the employer and the applicant is in line with the labour standards in the Republic and is made conditional upon the general work visa being approved;
   2. proof of qualifications evaluated by the SAQA and translated by a sworn translator into one of the official languages of the Republic;
   3. full particulars of the employer, including, where applicable, proof of registration of the business with the Commission on Intellectual Property and Companies (CIPC);
   4. an undertaking by the employer to inform the Director-General should the applicant not comply with the Act or conditions of the visa; and
   5. an undertaking by the employer to inform the Director-General upon the employee no longer being in the employ of such employer or when he or she is employed in a different capacity or role.