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


Immigration Regulations, 2014

12. Study visa


(1) An applicant for a study visa to study at a learning institution shall, in addition to submission of Form 8 illustrated in Annexure A, submit—
(a) an official letter confirming provisional acceptance or acceptance at that learning institution and the duration of the course;
(b) an undertaking by the Registrar or Principal of the learning institution to—
(i) provide proof of registration as contemplated in the relevant legislation within 60 days of registration; or
(ii) in the event of failure to register by the closing date, provide the Director-General with a notification of failure to register within 7 days of the closing date of registration;
(iii) within 30 days of de-registration, notify the Director-General that the applicant is no longer registered with such institution; and
(iv) within 30 days of completion of studies, notify the Director-General when the applicant has completed his or her studies or requires to extend such period of study;
(c) in the case of a learner under the age of 18 years—
(i) an unabridged birth certificate;
(ii) a copy of his or her identity document, if applicable;
(iii) proof of physical address and contact number of the adult person residing in the Republic, who is acting or has accepted to act as such learner's guardian, including a confirmatory letter from that guardian; and
(iv) proof of consent for the intended stay from both parents or, where applicable, from the parent or legal guardian who has been issued with a court order granting full or specific parental responsibilities and rights or legal guardianship of the learner;
(d) a police clearance certificate;
(e) in the case of a foreign state accepting responsibility for the applicant in terms of a bilateral agreement, a written undertaking from such foreign state to pay for the departure of the applicant;
(f) proof of medical cover renewed annually for the period of study with a medical scheme registered in terms of the Medical Schemes Act;
(g) an undertaking by the parents or legal guardian that the learner will have medical cover for the full duration of the period of study; and
(h) proof of sufficient financial means available to the learner whilst resident in the Republic.


(2)        Subject to section 13(1) of the Act—

(a) visas issued for studies at a learning institution, other than a school contemplated in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996), shall be issued for the duration of the course for which the applicant has registered;
(b) visas issued for studies at a learning institution, which is a school contemplated in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996), shall be valid for the duration of the period of study: Provided that the study visa issued for studies at a primary school shall not exceed eight years and for a secondary school shall not exceed six years.


(3) The holder of a study visa at a learning institution as defined in section 1 of the Higher Education Act, 1997 (Act No. 101 of 1997) and section 1 of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), may conduct part-time work for a period not exceeding 20 hours per week.


(4) A study visa issued in terms of the Act shall automatically lapse if the holder thereof fails to register with or is de-registered from the learning institution at any time during the period for which his or her visa has been issued or if any of the undertakings referred to in subregulation (1)(b) are not met.