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

Regulations

Immigration Regulations, 2014

11. Visitor's visa

 

(1) An application for a visitor's visa not exceeding a period of three months shall be accompanied by—
(a) a statement or documentation detailing the purpose and duration of the visit;
(b) a valid return air flight ticket or proof of reservation thereof; and
(c) proof of sufficient financial means contemplated in subregulation (3).

 

(2) An application for a visitor's visa exceeding a period of three months shall, in addition to complying with the requirements of subregulation (1), be accompanied by a police clearance certificate.

 

(3) The proof of sufficient available financial resources contemplated in section 11(1)(b) of the Act shall be in the form of a recently bank certified statement, for the last three months.

 

(4) An activity contemplated in section 11(1)(b)(iv) of the Act shall be—
(a) work conducted for a foreign employer pursuant to a contract which partially requires conducting of certain activities in the Republic and relates to—
(i) teaching at an international school;
(ii) in respect of films and advertisements produced in South Africa, including, but not limited to, an actor, cameraman, hairstylist, make-up artist or lighting and sound engineer;
(iii) a foreign journalist seconded to the Republic by a foreign news agency;
(iv) a visiting professor or lecturer or an academic researcher;
(iii) an artist who wishes to write, paint or sculpt: Provided that he or she submits a portfolio of his or her previous work;
(iv) a person involved in the entertainment industry, travelling through the Republic to perform;
(v) a tour leader or host of such a tour; or
(vi) a religious leader of a recognised religious organisation or denomination;
(b) work conducted, as contemplated in section 11(2) of the Act, for a foreign employer on a remote basis: Provided that—
(i) such foreigner earns no less than the equivalent of R1,000,000.00 (One Million Rand) per annum;
(ii) if the visa is issued for a period not exceeding 6 months within a 12-month period, the foreigner will not be required to register with the South Africa Revenue Service; and
(iii) if the visa is issued for a period longer than 6 months within a 12-month period, the foreigner must register with the South Africa Revenue Service; and
(c) to accompany the holder of a visa issued in terms of sections 11, 13, 14, 15, 17, 18, 19, 20 or 22 of the Act: Provided that such a foreigner must be the spouse or child of the holder of such visa; or
(d) to testify as a state witness in a criminal court case: Provided that the application shall be initiated by the relevant Deputy Director of Public Prosecutions, stating the reasons for such a foreigner to stay in the Republic.

[Regulation 11(4) substituted by section 4 of the Second Amendment of the Immigration Regulations, 2014, Notice No. R. 4588, GG50419, dated 28 March 2024]

 

(5) A person, other than a resident from a country with which the Republic shares a border, who is in possession of a visa issued on the basis of an exemption contemplated in section 10A(4) of the Act, shall upon his or her readmission to the Republic be admitted on the same visa, and where such a visa has expired, may be admitted on a new visa valid for a period not exceeding seven days: Provided that where that foreigner arrives at a port of entry from his or her country of residence, the new visa may be issued for a period not exceeding the period attached to the visa exemption.

 

(6)        Where a—

(a) port of entry visa is issued at a mission of the Republic, that port of entry visa shall only upon admission of the holder by an immigration officer be considered to be a visa for the purposes of section 11 of the Act and the period of validity of that visa shall not exceed three months; or
(b) visa, other than a port of entry visa, is issued at a mission of the Republic, that visa shall only upon admission of the holder by an immigration officer be considered to be valid and allow the holder thereof to temporarily sojourn in the Republic for the purposes specified and the period of validity of that visa shall be calculated from the date of admission of the holder into the Republic.

 

(7)        The authorisation contemplated in section 11(2) of the Act—

(a) shall be applied for by submitting a statement or documentation confirming the—
(i) purpose or necessity of the work;
(ii) nature of the work;
(iii) qualification and skills required for the work;
(iv) duration of the work;
(v) place of work;
(vi) duration of the visit;
(vii) proof of remuneration or stipend that the foreigner will receive from the employer; and
(viii) identity and contact details of the prospective employer or relevant contact person from the host institution;
(b) may be subjected to the relevant individual terms and conditions contemplated in regulation 9(7);
(c) may, where applicable, be granted subject to a recommendation from any relevant organ of state;
(d) if approved, be endorsed on the visitor's visa; and
(e) shall not be extended beyond the validity period of the visa issued in terms of section 11(1)(a) of the Act.