Acts Online
GT Shield

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

Temporary Residence

10. Visas to temporarily sojourn in Republic


(1) Upon admission, a foreigner, who is not the holder of a permanent residence permit, may enter and sojourn in the Republic only if in possession of a visa issued by the Director-General for a prescribed period.

[Section 10(1) amended by section 7(b) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]


(2) Subject to this Act, upon application in person and in the prescribed manner, a foreigner may be issued one of the following visas for purposes of—
(a) transit through the Republic as contemplated in section 10B;
(b) a visit as contemplated in section 11;
(c) study as contemplated in section 13;
(d) conducting activities in the Republic in terms of an international agreement to which the Republic is a party as contemplated in section 14;
(e) establishing or investing in a business as contemplated in section 15;
(f) working as a crew member of a conveyance in the Republic as contemplated in section 16;
(g) obtaining medical treatment as contemplated in section 17;
(h) staying with a relative as contemplated in section 18;
(i) working as contemplated in section 19 or 21;
(j) retirement as contemplated in section 20;
(k) an exchange programme as contemplated in section 22; or
(l) applying for asylum as contemplated in section 23.

[Section 10(2) amended by section 7(c) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]


(3) If issued outside the Republic, a visa is deemed to be of force and effect only after an admission.


(4) A visa is to be issued on terms and conditions that the holder is not or does not become a prohibited or an undesirable person.


(5) The Director-General may for good cause attach reasonable individual terms and conditions as may be prescribed to a visa.


(a) Subject to this Act, a foreigner, other than the holder of a visitor’s or medical treatment visa, may apply to the Director-General in the prescribed manner to change his or her status or terms and conditions attached to his or her visa, or both such status and terms and conditions, as the case may be, while in the Republic.
(b) An application for a change of status attached to a visitor’s or medical treatment visa shall not be made by the visa holder while in the Republic, except in exceptional circumstances as prescribed.

[Section 10(6) amended by section 7(d) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]


(7) Subject to this Act, the Director-General may, on application in the prescribed manner and on the prescribed form, extend the period for which a visa contemplated in subsection (2) was issued.


(8) An application for a change in status does not provide a status and does not entitle the applicant to any benefit under the Act except for those explicitly set out in the Act, or to sojourn in the Republic pending the decision in respect of that application.


(9) The Director-General may at any time in writing notify the holder of a visa issued in terms of this section that, subject to subsection (10), the visa shall be cancelled for the reasons disclosed in the notice and that the holder is thereby ordered to leave the Republic within a period stated in that notice, and upon the expiration of that period the visa shall become null and void.


(10) The holder of a visa who receives a notice contemplated in subsection (9) may, before the expiration of the period stated in that notice, make representations to the Director-General which he or she shall consider before making his or her decision


[Section 10 amended by section 7(a) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]