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

Regulations

Immigration Regulations, 2014

9. Visas to temporarily sojourn in Republic

 

(1) An application for any visa referred to in section 11 up to and including sections 20 and 22 of the Act shall be made on Form 8 illustrated in Annexure A together with all supporting documents and accompanied by—
(a) a valid passport in respect of each applicant;
(b) a yellow fever vaccination certificate if that person travelled or intends travelling from or transiting through a yellow fever endemic area: Provided that the certificate shall not be required where that person travelled or intends travelling in direct transit through such area;
(c) a medical and radiological report in respect of each applicant, excluding applicants for the visa contemplated in section 11(1)(a) of the Act: Provided that a radiological report shall not be required in respect of children under the age of 12 years or pregnant women;
(d) in respect of dependent children accompanying the applicant or joining the applicant in the Republic, proof of parental responsibilities and rights or written consent in the form of an affidavit from the other parent or legal guardian, as the case may be;
(e) in respect of a spouse accompanying the applicant or joining the applicant in the Republic, a copy of a marriage certificate or proof of a relationship as contemplated in regulation 3; and
(f) payment of the applicable application fee.

 

(2) Any applicant for any visa referred to in subregulation (1) must submit his or her application in person to—
(a) any foreign mission of the Republic where the applicant is ordinarily resident or holds citizenship; or
(b) any mission of the Republic that may from time to time be designated by the Director-General to receive applications in respect of any country in which a mission of the Republic has not been established.

 

(3) Any applicant for a visa may be requested to be interviewed at the relevant South African mission whenever it appears to any official processing his or her application that it is necessary to do so.

 

(4)        The documents contemplated in subregulation (1) shall be—

(a) originals or copies authenticated by the issuing authority of the country of origin; and
(b) translated into one of the official languages of the Republic, where applicable, and certified as a correct translation by a sworn translator at the expense of the applicant.

 

(5) A foreigner who is in the Republic and applies for a change of status or terms and conditions relating to his or her visa shall—
(a) submit his or her application, on Form 9 illustrated in Annexure A, no less than 60 days prior to the expiry date of his or her visa; and
(b) provide proof that he or she has been admitted lawfully into the Republic,

Provided that no person holding a visitor's or medical treatment visa may apply for a change of status to his or her visa while in the Republic, unless exceptional circumstances set out in subregulation (9) exist.

 

(6) Any visa contemplated in section 10 of the Act issued at a foreign mission of the Republic, shall—
(a) be affixed to the passport of the applicant; and
(b) only be valid if an entry stamp has been affixed thereto at the port of entry and the date of such entry stamp shall be the effective date.

 

(7) The individual terms and conditions contemplated in section 10(5) of the Act with regard to a visa shall relate to, but not be limited to—
(a) limitations on the type of activities that may be undertaken in the Republic;
(b) the places where the activities contemplated in paragraph (a) may be undertaken;
(c) the types of commercial activity that may be practised;
(d) the submission of proof of sufficient financial means;
(e) limitations on the period of the visit or the validity of the visa; or
(f) cancellation of the visa in the event the holder has been convicted of any offence under the Act or any other law.

 

(8)        An application for an extension contemplated in section 10(7) of the Act shall—

(a) be made on Form 10 illustrated in Annexure A, as the case may be;
(b) be accompanied by an affidavit by the applicant attesting to having complied with his or her existing visa, the terms and conditions attached thereto and the laws of the Republic; and
(c) be submitted in person at any office of the Department no less than 60 days prior to the expiry date of his or her visa and if the visa was issued for less than 30 days, not later than seven working days before the expiry of the visa.

 

(9)        The exceptional circumstances contemplated in section 10(6)(b) of the Act shall—

(a) in respect of a holder of a visitor's visa, be that the applicant—
(i) is in need of emergency life saving medical treatment for longer than three months;
(ii) is an accompanying spouse or child of a holder of the business or work visa, who wishes to apply for a study or work visa; or
(b) in respect of a holder of a medical treatment visa, be that the holder's continued stay in the Republic is required for any purpose related to a criminal trial in the Republic: Provided that such application shall be initiated by the relevant Deputy Director of Public Prosecutions and addressed to the Director-General.