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Immigration Act, 2002 (Act No. 13 of 2002)

Regulations

Immigration Regulations, 2014

Annexures

Annexure A: Forms

Form 9 (DHA-1740)

Form 9 Supporting Documents

 

THE FOLLOWING ORIGINAL SUPPORTING DOCUMENTS MUST ACCOMPANY THE APPLICATION

 

 

In respect of all temporary residence visa applications, except medical treatment visas:

 


Attached

Yes

No

Valid passport which expires in no less than 30 days after expiry of the intended date of departure from the Republic



A yellow fever vaccination certificate, where applicable.



A medical report.



A radiological report.



Marriage certificate or in the case of a foreign spousal relationship, proof of official recognition thereof issued by the authorities of the foreign country of the applicant (where applicable).



The affidavit where a spousal relationship to a South African citizen or resident is applicable, as well as documentation proving cohabitation and the extent to which the related financial responsibilities are shared by the parties and setting out the particulars of children in the spousal relationship.



Divorce decree, where applicable.



Court order granting full or specific parental responsibilities and rights, where applicable.



Death certificate, in respect of late spouse, where applicable.



Written consent from both parents and full parental responsibilities and rights parent, where applicable.



Proof of adoption where applicable.



Legal separation order, where applicable.



Police clearance certificates in respect of applicants 18 years and older, in respect of all countries where person resided one year or longer since having attained the age of 18.



 

Additional supporting documents in respect of a study visa:

 


Attached

Yes

No

An official letter confirming provisional acceptance or acceptance at that learning institution and the duration of the course.



An undertaking by the Registrar or Principal of the learning institution to—

i) provide proof of registration as contemplated in the relevant legislation within 60 days of registration; or
ii) In the event of failure to register by the closing date, provide the Director-General with a notification of failure to register within 7 days of the closing date of registration;
iii) Within 30 days, notify the Director-General that the applicant is no longer registered with such institution; and
iv) Within 30 days, notify the Director-General when the applicant has completed his or her studies or requires to extend such period of study


In the case of a learner under the age of 18 years—

i) an unabridged birth certificate;
ii) a valid passport;
iii) proof of physical address and contact number of the adult person residing in the Republic, who is acting or has accepted to act as such learner's guardian, including a confirmatory letter from that guardian; and
iv) proof of consent for the intended stay from both parents, or where applicable, from the parent or legal guardian who has been issued with a court order granting full or specific parental responsibilities and rights or legal guardianship of the learner.


In the case of a foreign state accepting responsibility for the applicant in terms of a bilateral agreement, a written undertaking from such foreign state to pay for the departure of the applicant.



An official letter confirming provisional acceptance or acceptance at that learning institution and the duration of the course.



An undertaking by the Registrar or Principal of the learning institution to—

i) provide proof of registration as contemplated in the relevant legislation within 60 days of registration; or
ii) In the event of failure to register by the closing date, provide the Director-General with a notification of failure to register within 7 days of the closing date of registration;
iii) Within 30 days, notify the Director-General that the applicant is no longer registered with such institution; and
iv) Within 30 days, notify the Director-General when the applicant has completed his or her studies or requires to extend such period of study


In the case of a learner under the age of 18 years—

i) an unabridged birth certificate;
ii) a valid passport;
iii) proof of physical address and contact number of the adult person residing in the Republic, who is acting or has accepted to act as such learner's guardian, including a confirmatory letter from that guardian; and
iv) proof of consent for the intended stay from both parents, or where applicable, from the parent or legal guardian who has been issued with a court order granting full or specific parental responsibilities and rights or legal guardianship of the learner.


Proof of medical cover renewed annually for the period of study with a medical scheme registered in terms of the Medical Schemes Act.



an undertaking by the parents or legal guardian that the learner will have medical cover for the full duration of the period of study



Proof of sufficient financial means available to the learner whilst resident in the Republic.



 

Additional supporting documents in respect of a treaty visa:

 


Attached

Yes

No

A letter from the relevant organ of state which is party to the treaty attesting to—

a) the nature of the programme;
b) participation of the foreigner in the specified programme;
c) the type of activities the foreigner is expected to perform and the duration thereof.
d) Accommodation of the foreigner.
e) Any other relevant details pertaining to the foreigner's stay in the Republic.


A written undertaking by the sending or receiving organ of state accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary.



 

Additional supporting documents in support of a business visa

In respect of a business visa by a foreigner who intends to establish a business or invest in a business that is not yet established in the Republic

 


Attached

Yes

No

A certificate issued by a chartered accountant registered with the South African Institute of Chartered Accountants or a professional accountant registered with the South African Institute of Professional Accountants to the effect that—

a) at least an amount in cash to be invested in the Republic as determined from time to time by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette, is available; or
b) at least an amount in cash and a capital contribution as determined from time to time by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette is available.
c) Undertaking by the applicant that at least 60% of the total staff compliment to be employed in the operations of the business shall be South African citizens or permanent residents employed permanently in various positions: Provided that proof of compliance with this undertaking shall be submitted within 12 months of issuance of the visa.


An undertaking to register with the—

a) South African Revenue Service;
b) Unemployment Insurance Fund;
c) Compensation Fund for Occupational Injuries and Diseases;
d) Companies and Intellectual Properties Commission (CPIC); where legally required, and
e) Relevant professional body, board or council recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act where applicable: Provided that upon registration, all certificates shall be submitted to the Director-General

A letter of recommendation from the Department of Trade and Industry regarding—

a) The feasibility of the business; and
b) The contribution to the national interest of the Republic


 

Additional supporting documents in respect of a business visa

In respect of a business visa by a foreigner who has established a business or invested in an existing business in the Republic

 


Attached

Yes

No

A certificate issued by a chartered accountant registered with the South African Institute of Chartered Accountants or a professional accountant registered with the South African Institute of Professional Accountants to the effect that:

a) at least an amount in cash to be invested in the Republic as determined from time to time by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette, is available or already invested; or;
b) at least an amount in cash and a capital contribution as determined from time to time by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette is available or already invested;
c) proof that at least 60% of the total staff compliment employed in the operations of the business are South African citizens or permanent residents employed permanently in various positions.

Proof of registration with the—

a) South African Revenue Service;
b) Unemployment Insurance Fund;
c) Compensation Fund for Occupational Injuries and Diseases;
d) Companies and Intellectual Properties Commission (CPIC), where legally required; and
e) relevant professional body, board or council recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, where applicable.


A letter of recommendation from the Department of Trade and Industry regarding—

a) The feasibility of the business; and
b) The contribution to the national interest of the Republic.


A foreigner who invests or has invested in an existing business shall, in addition, submit—

a) Financial statement in respect of the preceding financial year; and
b) Proof of investment


The applicant must, within 12 months of the visa being issued, submit to the Director-General a letter of confirmation from the Department of Labour, 60% of the staff compliment employed in the operations of the business are South African citizens or permanent residents who are employed permanently in various positions.



 

Additional supporting documents in respect of a medical treatment visa:

 


Attached

Yes

No

A letter from the applicant's registered medical practitioner or medical institution within the Republic, confirming—

a) That space is available at the medical institution;
b) The estimated costs of the treatment;
c) Whether or not the disease or ailment is treatable or curable;
d) The treatment schedule; and
e) The period of intended treatment in the Republic.


The details of, and confirmation by, the person or institution responsible for the medical expenses and hospital fees: Provided that in a case where the applicant's medical scheme or employer is not liable for expenses incurred, proof of financial means to cover medical costs.



The particulars of the persons accompanying the applicant



A valid return air flight ticket, where applicable



Proof of sufficient financial means or provision for the costs indirectly related to the treatment.



 

Additional supporting documents in respect of a relative's visa:

 


Attached

Yes

No

Proof of kinship, within the second step, between the applicant and the citizen or permanent resident in the form of—

a) An unabridged birth certificate; and
b) Where necessary, paternity test results.


The financial assurance contemplated in section 18(1) of the Act shall be an amount, per person per month, as determined from time to time by the Minister by notice in the Gazette, to be proven by means of a current salary advice or a certified bank statement not older than three months at the time of application: Provided that the financial assurance shall not be required where the South African citizen or permanent resident is a dependent child.



Police clearance



 

Additional supporting documents in respect of a general work visa:

 


Attached

Yes

No

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.



A written undertaking by the employer to ensure that the passport of his or her employee is valid at all times for the duration of his or her employment



A certificate by the Department of Labour confirming that—

a) despite 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;
b) The applicant has qualifications or proven skills and experience in line with the job offer;
c) The salary and benefits of the applicant are not inferior to the average salary and benefits of citizens or employees occupying similar positions in the Republic;
d) contract of employment stipulating the conditions of employment and signed by both the employer and the applicant in line with the labour standards in the Republic and is made conditional upon the general work visa being approved;


Proof of qualifications evaluated by SAQA and translated by a sworn translator into one of the official languages of the Republic; and



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 provisions of the Act, or conditions of the visa.



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.



 

Additional supporting documents in respect of a critical skills work visa:

 


Attached

Yes

No

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.



A written undertaking by the employer to ensure that the passport of his or her employee is valid at all times for the duration of his or her employment



A confirmation, in writing, from the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, or any relevant government Department confirming the skills or qualifications of the applicant and appropriate post qualification experience.



If required by law, proof of application for a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act.



Proof of evaluation of the foreign qualification by SAQA and translated by a sworn translator into one of the official languages of the Republic.



 

Additional supporting documents in respect of an intra-company transfer work visa:

 


Attached

Yes

No

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.



A written undertaking by the employer to ensure that the passport of his or her employee is valid at all times for the duration of his or her employment



The foreigner's contract of employment with the company abroad valid for a period of not less than six months.



Letter from the company abroad confirming that the applicant shall be transferred to a branch, subsidiary or an affiliate of that company in the Republic.



A letter from the branch, subsidiary or an affiliate in the Republic confirming the transfer of the foreigner and specifying the occupation and capacity in which the foreigner shall be employed.



An undertaking from the employer that—

a) the foreigner shall only be employed in the specific position for which the visa has been issued;
b) the foreigner will, at all times, comply with the provisions of the Act an conditions of his or her visa and undertakes to immediately notify the Director-General if the employee refuses to comply with the provisions of the Act or conditions of the visa; and
c) A plan is developed for the transfer of skills to a South African citizen or permanent


An undertaking from the branch, subsidiary or an affiliate in the Republic to reimburse the Department any costs incurred in relation to the deportation of the holder of an intra-company transfer work visa and any of his or her family members



 

Additional supporting documents in respect of a retired person visa:

 


Attached

Yes

No

The minimum monthly payment to a foreigner from a pension fund or an irrevocable retirement annuity or a net worth or a combination of assets realising the amount determined from time to time by the Minister by notice in the Gazette.



 

Additional supporting documents in respect of an exchange visa:

In the case of a learning institution in the Republic in conjunction with a foreign learning institution or an organ of a foreign state organising or administering the exchange programme:

 


Attached

Yes

No

Proof of a valid return air ticket or written undertaking by the organ of state, learning institution or employer accepting responsibility for the return or deportation costs of the applicant, as the case may be.



Proof of medical cover for the duration of the exchange period with a medical scheme registered in terms of the Medical Schemes Act



A letter from the Department of Basic Education, or Higher Education and Training, or the learning institution in the Republic confirming that it is responsible for organising or administering the existence of the programme, outlining the activities, terms and conditions and duration thereof; and accepting full responsibility for the student whilst he or she is in the Republic.



A letter from the foreign state institution or learning institution of the foreign state confirming the particulars of the applicant, the applicant's enrolment with a learning institution abroad, and the date on which the programme shall commence.



 

Additional supporting documents in respect of an exchange visa:

In the case of a programme of cultural, economic or social exchange, organised or administered by an organ of state or a learning institution, in conjunction with a learning institution or a foreign state institution:

 


Attached

Yes

No

Proof of a valid return air ticket or written undertaking by the organ of state, learning institution or employer accepting responsibility for the return or deportation costs of the applicant, as the case may be.



Proof of medical cover for the duration of the exchange period with a medical scheme registered in terms of the Medical Schemes Act, 1998 (Act No. 131 of 1998)



A letter from the organ of state or foreign education and training institution confirming the existence of the exchange programme; or

 

A letter from the foreign institution confirming the enrolment of the applicant or the foreign state institution conducting the programme, as the case may be.