Immigration Law

Visits to South Africa and immigration are regulated by the Immigration Act of 2002.

This law is often criticized because the entry requirements change so rapidly that the administrative handling often causes the greatest possible difficulty in processing a work or other residence permit even for highly qualified and urgently needed specialists.  This is not very encouraging for foreign investment.

The most recent bigger change to the regulations took effect in May 2014, making entry even more difficult - and the enforcement of a consistent and transparent legal situation almost impossible.

South Africa's Department of Home Affairs is often regarded as the most corrupt of all government ministries. Moreover, as a large proportion of officials are not familiar with the legal provisions, arbitrary and often completely wrong decisions are easily made. Although it is officially stated that applications are decided within thirty days of submission, it is by no means unusual for a decision to take up to six months.
For this reason, good relationships with the responsible officials and experience with circumstances in South Africa and with the South African working methods in official matters are usually essential and can only be managed from the German side - if at all - with considerable expenditure of time and money. Even if the new regulations from 2014 mean that the person entering the country is required to provide a number of additional documents, it is possible to benefit from the South African disorganized circumstances and sometimes avoid the necessary requirements by seeking appropriate help and advice.

If an application is not submitted on time or is incomplete, it will be treated as definitively inadmissible according to the latest regulations, meaning that it will no longer be possible to reapply or submit additional documents. If you exceed your permitted visa, you will immediately be marked as an undesirable person and will be banned from entering the country for up to 5 years if you leave the country.

Here is a brief overview of the various residence visas and permits:

1. Tourist Visa
The most straightforward is the 90-day tourist visa. This can be obtained for citizens of most European countries on entry without any problems. Under certain circumstances, this visa can also be extended for a maximum of a further 90 days, although the requirements are considerably higher.

2. Temporary Residence Visas
Relatives Visa / Spousal / Life Partner Visa:
Applicants who are genetically related, in a civil partnership or marriage with a South African citizen or with a foreigner with a permanent residence permit are eligible to apply for this visa. However, this visa does not include a work permit and requires that the partner is able to support the applicant financially.

Work Visa:
A work visa allows the applicant to work for a specific South African company and to stay in the country for this purpose. However, it does not include a general work visa for a specific period of time. The specific employment contract offer must already exist at the time of application. The regulations were changed in October 2024. It is no longer necessary to provide proof that the employer has not found a suitable South African for the job and a recommendation from the Ministry of Labor. Instead, there is now a points system whereby the visa is issued if the applicant reaches 100 points. The applicant's professional qualifications and the level of salary offered are taken into account in the points assessment. Many years of relevant professional experience and language skills in one of South Africa's official languages (e.g. English) are also positively assessed. In addition, a number of documents such as bank statements, medical certificates, etc. must be submitted.

Critical Skills Work Visa:
While employees with special qualifications and skills were granted a visa relatively unbureaucratically until 2014 (Quota Work Permit or Exceptional Skills), proof of a specific qualification in an industry for which there is a high demand in South Africa is now required. A list of the required skills and training was last published in 2014.

Inter Company Transfer Visa:
This visa applies to individuals who are sent to South Africa by their foreign employer and continue to receive their salary abroad. South African jobs are considered to be unaffected by such applicants, so the bureaucratic hurdles are relatively easy to overcome. However, there is no possibility to extend this visa, which is valid for a maximum of four years.

Remote Work Visa:
With the new Remote Work Visa, introduced in 2024, also known as the Digital Nomad Visa, it is possible for an employee who is employed by a foreign employer and works remotely, to obtain a visitor’s visa which exceeds the usual 90 days. Special requirements are in particular the presentation of the employment contract and proof of gross earnings of at least one million Rand per year (approx. 50,000€ depending on the exchange rate). The visa can be issued for up to three years. From a duration of six months the applicant must register with the South African tax authorities.

Business Visa:
Anyone wishing to set up a business or invest in an existing business can apply under this category. According to current regulations, the applicant must prove a planned investment of at least five million rand, unless the Department of Trade supports their application, which usually occurs if they sell at least 60% of their jobs to South Africans.

Retirement Visa:
If the applicant can prove that he/she either receives R 37,000 per month from a pension, supplementary pension or income from real estate, or that he/she has sufficient capital, resulting in a verifiable minimum income of R 37,000 per month, there is the possibility of a temporary residence permit.

Other forms of short-term residence visas apply for study purposes, special medical activities and for diplomats; special provisions also apply for the reunification of families.

3. Permanent Residence Permits:
In principle, anyone who has lived legally in South Africa for at least 5 years can apply for this permit and thus, under certain circumstances, obtain South African citizenship. This period can be shortened to 2 years in the case of spouses. However, the circumstances of a possible shortening are at the discretion of the authorities and are decided on a case-by-case basis.
Special conditions applied from June 2015 for entry with minors. In addition to a valid passport, they needed to bring their birth or parentage certificate translated into English. If the minor was only traveling with one parent, the consent of the other parent was also required. This meant that minors were often prohibited from entering the country without the relevant documents.
These regulations were abolished at the end of 2018, but it is still recommended to have the requested documents with you in case a border official insists on them.