Acts Online
GT Shield

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

Temporary Residence

22. Exchange visa


An exchange visa may be issued by the Department to a foreigner

(a) participating in 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 an organ of a foreign state, provided that—
(i) such organ of state or learning institution reports to the Director-General on the stages and the completion of the relevant programme together with other prescribed information;
(ii) it may be prescribed that, in respect of certain programmes, upon expiration of such visa such foreigner may not qualify for a status until he or she has complied with the requirement of a prescribed period of physical presence in his or her foreign country or of domicile outside the Republic; or
(b) who is under 25 years of age and has received an offer to conduct work for no longer than one year, provided that—

[Words preceding paragraph (b)(i) substituted by section 14(a) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]

(i) the prospective employer certifies that the position exists, and has committed himself or herself to—
(aa) pay such foreigner remuneration which complies with applicable legal requirements;
(bb) provide for the welfare and the needs of such foreigner while in the Republic under the aforesaid visa; and
(cc) report to the Department the failure of the foreigner to comply with the terms of his or her visa or to depart when so required;
(ii) such foreigner may not conduct work other than work for which the visa is issued;
(iii) such foreigner may not qualify for a permanent residence permit within two years after the expiry of the exchange visa, which requirement may be waived by the Director-General in extraordinary circumstances;
(iv) no visa may be granted under this section if the offer to conduct work pertains to an undesirable work as published by the Minister from time to time in the Gazette, after consultation with the Minister responsible for trade and industry.

[Section 22(b)(iv) substituted by section 14(c) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]