BRENTWOOD

2022-09-06

What are the options as the Zimbabwean Exemption Permits deadline extends from 31 December 2022 to 30 June 2023.

Initially the ZEP would expire on 31 December this year, after which Zimbabweans without visas would be illegally in the country and deported.

Another extension has been granted to 31 June 2022, but if Zimbabweans are looking to stay is South Africa, they need to make their applications for visas or residency quickly. There are only 10 months left to deadline.

If ZEP holders’ intent applying for these visa’s there is no time to lose. Under normal circumstances the application can take about 5 months.
In the 10 remaining months the types of visas that can be applied for are:

Critical Skills Visa:
This visa is granted when South Africans or Permanent Residents cannot fill the positions. If a Zimbabwean’s skills are listed on the recently issued Critical Skills List, there is the potential for this visa.
The visa is valid for 5 years and can be renewed 6 months before the visa expires and can lead to permanent residency.

Qualifying criteria for Critical Skills Visa
- Currently working in the same profession as nominated on the critical skills list or received a job offer.
- Registered with a professional body, council, or board.
- In possession of qualification as stipulated on the critical skills list.
- Proof that the qualification has been assessed by SAQA (South African Qualifications Authority) which proves the qualification is on par with the South African National Qualifications Framework.
- Police clearance certificates from very country the applicant has lived in since they turned 18 years old.

General Work Visa:
There will need to be evidence that the employer has explored all avenues before appointing the person, and that their occupation and experience is difficult to find in South Africa, and a suitable SA citizen or permanent resident could not be found.

Qualifying criteria for the visa:
- Currently working or offered a job.
- A Department of Labour certificate which recommends to the Department of Home Affairs as to the suitability of the candidate to the position for the company and/or the company’s compliance with the relevant employment services acts while employing foreign nationals. The application to the Department of Labour would require proof from the company that typical recruitment processes have been followed for applications, including, copies of CVs and interview notes of South Africa’s interviewed.
- SAQA certificate.
The general work permit is valid for 5 years or the length of the employment contract if it’s less than 5 years.
When applying for a work visa, the company drafts an undertaking letter to DHA ensuring that at all times that the company will ensure that the applicant’s visa remains valid.

There can be an application to waiver the Department of Labour Certificate. A waiver application requires documentation and motivation as to why a foreign national has been chosen for the position as opposed to a South African that hold similar skills and qualifications, and the detrimental effect on the company should the foreign national not be employed.

A general Work Visa can qualify for permanent residency.

Life Partner Visa:
A ZEP visa holder who is in a relationship with a South African citizen or permanent resident can apply.

This is a 2- year visa and can be extended before it expires.

The life partner cannot work and would have to apply for the appropriate visa.

Qualifying criteria:
- A 2-year cohabitation requirement.
- Show shared financial responsibilities.

Spousal Visa:
A ZEP holder married to a South African citizen or permanent resident then you can apply.

This is a 2-year visa and can be renewed.

Applicants qualify for permanent residency after 5 years.

Qualifying Criteria
- Valid Marriage certificate

The life partner cannot work and would have to apply for the appropriate Visa.

Business Visa:
ZEP visa holders who have started their own business in South Africa can apply.

The business should not be classified as prohibited and there must be evidence of investment of R 5 million in your business.

Qualifying criteria
- Invest R5 million into an existing business or a new business. There can be an application for a waiver of the R5 million requirements, but it would need to be motivated.
- Employ at least 60% South African citizens or permanent residents.
- Approval from the Department of Trade & Industry
- The business must not be prohibited (Exotic entertainment industry, security induictry and businesses that import second-hand motor vehicles into the South Africa to export outside South Africa)

The visa is valid for 2 years.

Student Visa:
Qualifying criteria:
- An official acceptance letter from the school or university registered with the Department of Higher Education.
- Proof of medical aid.
- Police clearance certificate.
- A valid passport.

Permanent Residence Permit.
Eligibility for permanent residence permit:
- Work visas for at least the past 5 consecutive years, with a permanent job offer secured in South Africa.
- Marriage or life-partnership to a South African citizen or permanent resident for at least 5 years.
- The child, under the age of 21, of a citizen or permanent resident.
- Hold a critical skills work visa,  with at least 5 years of post-qualification experience.
- Intended investment in an existing South African business or intention to establish and invest in a South African business.  This investment should be no less than R5 million.
- Refugee status in South Africa for at least the past 5 years.
- Receipt of pensions or irrevocable annuities for the rest of your life.
- A net worth equivalent to no less than R12 million AND an undertaking to pay to the Department of Home Affairs a non-refundable once off fee of R120,000.00 upon the approval of your application.

All permanent residence permit holders are required not to be absent from the Republic for more than 3 consecutive years to maintain their status valid.

Corporate Work Visa:
The corporate work visa used by large corporates to employ a specified number of foreign nationals.
This visa does not qualify for permanent residency.

Qualifying criteria
- Provide proof that the company needs to employ a predetermined number of foreign nationals.
- Department of Labour certificate confirming that all efforts were exhausted to find South African citizens or permanent residents.
- Job description and salary particulars for each foreign employee.
- A salary benchmark that provides details that the foreign employees will not be paid an inferior salary compared to a South African or permanent resident in a similar position.
- Proof that the business is registered with SARS, UIF, COID and CIPC registrations.
- The company must undertake to inform the Director-General of Home Affairs should the foreign employee:
o not comply with the provisions of the Immigration Act or visa conditions.
o no longer be employed by the company or employed in a different capacity within the company.
- Company must undertake to pay for any deportation costs for employees and their family.
- The numbers of South African/Permanent resident ratio of foreign nationals must not change.