JLIA Blog Admin

With all the excitement surrounding the reopening of visa applications the first week of January 2022, it would be easy to forget that the Department of Home Affairs and VFS Global are likely still scheduled for a festive season closure.

 

While the Department of Home Affairs has not announced an official year-end closure, we can surmise from past experience that they may close around 16 December 2021 and reopen around 10 January 2022. We can expect VFS to remain open during this time except for public holidays as they have in the past for collections only. However, given that no official announcements have been made, applicants should be prepared for this to change.

 

It is imperative to understand that any visa that is due to expire during the expected closure period MUST be renewed before VFS closes. There will be no leniency or extensions granted to any person(s) whose visa expires before this time, and they will face the full legal repercussions of overstaying a visa. These include being declared undesirable upon departure and banned from re-entering South Africa in the future. Foreigners who have overstayed their visas for 30 days or less will be banned from South Africa for 12 months, while those who overstayed by more than 30 days will be barred from re-entering South Africa for 5 years.

 

June Luna Immigration Attorneys offers expert South African immigration services, including visa renewals and applying for visa extensions. If you require assistance with your soon to expire visa or would like to know your options regarding the fallout of overstaying your visa, please contact us.

With the global impact of Covid-19, worldwide lockdowns became a crucial step in reducing the spread of infection, and since the initial lockdown in March 2020, they have continued to be implemented when necessary. As a result, many travelers visiting South Africa on tourist visas were stuck, unable to leave the country while their visa expired. However, given the governmentally imposed restrictions, the Minister of Home Affairs, Dr Aaron Motsoaledi, has extended the validity period of legally issued visas or asylum permits which expired during the lockdown period until 31 December 2021.

 

Please note that this announcement does not mean that every visa holder was granted an automatic extension until 31 December 2021. This extension is only for people with certain category visas. It applies to people who applied for waivers and holders of asylum seeker visas/permits or have refugee status. Holders of these specific visas have been allowed to remain in South Africa while those interested in being repatriated to their home country can still do so without being declared an undesirable person.

 

The extension does not apply to any person(s) who entered South Africa from 15 March 2021 onwards, and the original validity period of their granted visa still applies. Individuals who have overstayed their visa without being granted an extension will be declared undesirable and banned from re-entering the country as per South Africa’s standard visa regulations. Individuals with a standard visitor’s visa that entered the country between December 2019 and 14 March 2021 were only granted an extension until the end of September 2021. This is because they had opportunities to either extend their visa or leave South Africa before the end of September 2021. These specific travelers will now face legal repercussions, such as being declared undesirable and being banned from re-entering South Africa in the future.

 

If you were under the impression that you fell under the December 2021 extension period with a standard visitor’s visa – and have now overstayed your visa – June Luna Immigration Attorneys can help. Our expert team has years of experience successfully assisting clients with appeals, visa extensions and challenging the label of undesirable through litigation as needed.

 

If you would like more information on visa renewals or require assistance with handling the fallout of overstaying your visa, please contact us.

One of the greater benefits of becoming a permanent resident – aside from knowing that you can now call this beautiful country home – is that you qualify for a South African ID book. Having this ID book means that you will have more freedom as a resident and a much easier time with tasks, such as opening bank accounts, signing up for a loan, purchasing a car, starting a business and more.

 

How to apply & what to know

 

Once you receive your permanent residency paperwork, the process of applying is relatively simple. Permanent residents who are 16 years or older can apply for their ID book at any Department of Home Affairs office, any South African mission or consulate overseas.

 

When applying, the following documents are required:

• Your original passport and a copy thereof (you do not hand in your passport);
• Your permanent residency certificate and a copy, which will be certified by Home Affairs – you must hand in the second page of your permanent residency certificate, which is stamped by DHA and says your permanent residency has been verified for the purposes of a South African identity book;
• If married, your marriage certificate and a copy is required, which will be certified by Home Affairs
  • If you were married in South Africa, you will also be required to bring the handwritten marriage register copy (called DHA 30)
• Two passport photos
• Form BI-1620, which you will receive and complete at the Home Affairs office

 

Please note that if your permanent residence permit cannot be provided, you will need apply for proof of permanent residency through VFS Global. Cognizant that permanent residents come from around the world, the Department of Home Affairs requires that any documents not in English must have original sworn translations.

 

The average turnaround time from application to collection of your South African ID book should take about six months. Given that the Department of Home Affairs is currently working through an unprecedented backlog, applicants are advised to expect delays and remain patient. However, every applicant’s situation is different. If being forced to wait an extended period for your ID is preventing you from living your life in any way, June Luna Immigration Attorneys can assist by expediting the process.

 

With almost a decade of experience successfully assisting foreign nationals with South African immigration services, our expert team can help you by liaising with the Department of Home Affairs on your behalf and even forcing movement through litigation if the situation calls for it. For more information on applying for a South African ID book or applying for South African citizenship, please contact us.

 

With the coming of a new year comes new opportunities – permanent residency opportunities, that is. After almost two years, the Department of Home Affairs will officially accept permanent residency applications starting from the 1st week of January 2022. This announcement is a great relief to interested parties who have been waiting patiently since the application block was announced in March 2020.

 

However, with good news comes the bad. Due to the immediate halt on all applications in 2020 due to Covid-19, the Department of Home Affairs is now facing an unprecedented backlog of applications to work through as well as the upcoming influx of new applications. When considering the Department of Home Affairs unfortunate reputation of ineffective procedures and extreme waiting periods with little to no feedback, would-be permanent residents are advised to remain patient.

 

With the expectation of long delays in receiving outcomes, we at June Luna Immigration Attorneys would advise all people who are eligible to apply for permanent residency to do so as soon as possible. Our expert team can guide you through the process, explain in detail what will be required from you and advise you on which category to apply under. A benefit of working with an immigration attorney is that we will ensure a correct application is submitted the first time and even force an outcome through litigation if your application remains pending for longer than appropriate. Considering the expected delays, litigation may undoubtedly be your best way forward.

 

While there is no doubt that the March 2020 lockdown was admirable and saved countless lives, it also meant that thousands of individuals – approximately over 30 000 – were left vulnerable regarding their future in South Africa. If you are ready to begin the process of achieving permanent residency in South Africa, our dedicated team can help you. For more information on the permanent residency process, or how we can assist with a pending application, please contact us.

From the iconic shores of Cape Town to the addictive energy of Johannesburg, there’s no doubt as to why people from all over the world choose to make South Africa their new home. An unfortunate downside to this exciting and life-changing decision is the administrative minefield that is obtaining temporary and/or permanent residence.

 

Between meeting the requirements and going through the tiring process of obtaining the relevant paperwork, waiting for an outcome may seem easy… until the waiting keeps going. According to VFS Global, permanent residence (for extra-ordinary skills, general work and business applications) can be finalized within 8 months, while all other categories for permanent residence can be finalized between 12 to 24 months from the date of submission at VFS.

 

Temporary residency visas for critical skills can be finalized within 4 weeks, while applications for business and general work visas can take up to 8 weeks and all other categories can take roughly 60 days.

 

However, these timelines are rarely followed, with most applicants experiencing delays for months – sometimes years!

 

Just because the Department of Home Affairs suffers from a flawed system does not mean that you should have to put your plans on hold. At June Luna Immigration Attorneys we can speed up your pending residency application by forcing an outcome from the Department of Home Affairs through litigation on an urgent or non-urgent basis, depending on your situation. Litigation might seem like a severe reaction, but it is the most effective way forward if your application has had no movement.

 

If you would like more information on how litigation can help you achieve an outcome, please contact our team today. With almost a decade of assisting clients with their immigration problems, our team is well-versed in the workings of the Department of Home Affairs and can help you. Remember, when in doubt – litigate!

Moving to a new country can be intimidating but also incredibly exciting. What isn’t exciting is attempting to understand the ins and outs of immigration. At June Luna Immigration Attorneys, we pride ourselves on our reputation for helping would-be South Africans achieve citizenship while avoiding costly and timely delays.

 

The first thing to know is how many years you need to be a permanent resident before qualifying for citizenship. As per the Department of Home Affairs, an individual can only apply for citizenship if they have been on a permanent residence permit for five (5) years from the date of obtaining permanent residence in South Africa. This was confirmed by the constitutional court in the court case of Mulowaya & 2 Others v Minister of Home Affairs & 1 Other.

 

It is important to note that while travel is allowed, the applicant cannot be absent for more than ninety (90) days a year for five years previous to making the application. If applying as a family, each family member must adhere to the five (5) year and ninety (90) day travel stipulation to qualify for citizenship.

 

The process for citizenship is not quick and can take between one to three years if there are no complications or administrative delays. Furthermore, the process for application will only officially begin when verification of a permanent residence permit has been confirmed by Immigration Services (IMS) through a written and signed letter of proof of permanent residence (to be attached to the application). However, an added benefit is that as an official citizen, you will now qualify for a South African passport and have the right the vote, amongst other privileges.

 

As with any residency application, the legal jargon and list of requirements can feel overwhelming for anyone without a legal background, which is why we advise permanent residents interested in obtaining citizenship to work with an immigration attorney. Our dedicated and experienced team will ensure that you understand the process and will work with you to achieve citizenship as efficiently as possible. For more information on the citizenship process and how our team can help, please contact us.

Retiring in South Africa has long been a top choice for foreigners. From the stunning shores of Cape Town to the bustling energy of Johannesburg, it’s easy to see why so many flock to this beautiful country for a retirement lifestyle of laid back leisure and excitement.

 

Before packing a bag (and applying for your retirement visa), there are two accepted tests an applicant can take to prove their financial stability – the Net Worth test and the Prescribed Minimum Monthly Payment test. An applicant will only need to comply with one of the two tests with the specific test they have decided to use indicated on the application.

Net Worth Test

 

The Net Worth test is for temporary and/or permanent residency based on retirement. The test accounts for the value of all accumulated assets – both liquid and not. The applicant must provide proof that the total amount of assets would equal at least R37 000 per month for the period of their stay.

 

Thus, for temporary residency, an applicant would need to show R1,776,000 for a period of four years. For permanent residency, one would need to show at least R5,000,000, but it depends on age, amongst other factors.

 

The Department of Home Affairs will assess any property you own, portfolio investments and bank accounts; if the amount is more than the stipulated amount required, you will qualify for a temporary residency retirement visa based on your finances.

Prescribed Minimum Monthly Payment

 

The Minimum Monthly Payment testis meant for individuals that receive a pension, as the requirement is that the funds received must be from an irrevocable annuity. Therefore, to qualify, an applicant will need to provide proof of pension or another form of irrevocable annuity that is received each month and is equal to or in excess of R37,000. The amount that needs to be shown monthly will be the same for temporary and permanent residency.

 

With regards to permanent residency, either test above can be used. There is also a third option which is only available for permanent residency: Financial Independence. A person of any age must provide proof of R12 million in assets. If the Department of Home Affairs is satisfied with the proof of assets they will request a payment of R120,000 to finalize the permanent residency.

 

If you would like more information regarding your visa options to retire in South Africa, either temporarily or permanently, please contact our team for an assessment of your options and further assistance.

Travelling to a foreign country always brings excitement at the prospect of experiencing something new, however, overstaying one’s visa can quickly turn a happy trip into a legal nightmare. Below, we explain the consequences of overstaying your visa and the best actions to take going forward.

 

Before the travel regulation changes in 2014, visitors who overstayed their visa would only have to pay a fine upon departure, but this is no longer the case. Upon departure, any visitor who has overstayed their visa will become an undesirable person and be banned from re-entering the country. Travellers who have overstayed their visa for 30 days or less will be banned from South Africa for a period of 12 months. Those who have overstayed their visa by more than 30 days will be banned from the country for a period of 5 years.

 

While it may sound terrifying, being declared an undesirable person can be remedied. If you have overstayed your visa for a genuine or unforeseen issue (e.g. medical reasons, a family emergency, etc.), you may qualify for an upliftment of the undesirable status.

 

Visitors who have overstayed and labelled as undesirable upon departure will have the chance to appeal via email to the Department of Home Affairs within 10 working days of being labelled and receiving the ban. Home Affairs states that they will review the appeal within 48 hours, however, we have found that the review of an appeal takes on average 3-6 months.

 

While travellers have the right to appeal themselves, this is not the best course of action as they will likely lack the knowledge and skills to present a strong case. At June Luna Immigration Attorneys, we have years of experience assisting clients with appeals, visa extensions and – when needed – challenging the label of undesirable through litigation. Using the best resources is imperative, considering that applicants only have one chance to file an application to uplift a declaration of undesirability.

 

If you would like more information on how we can assist you with issues relating to overstaying a visa, applying for visa extensions or appealing a rejection, please contact us.

At June Luna Immigration Attorneys, we offer comprehensive assistance with all of your South African immigration needs. Our team of experienced litigators will make sense of the intricacies of immigration while getting you results and keeping you informed every step of the way. From obtaining a study visa for your child(ren) to renewing your current residency permit or submitting a first-time application from abroad – we can help.

 

Many families and individuals moving to this stunning country tend to be unfamiliar with the specific visa requirements that will need to be met when travelling with school-age children. Each child will require their own study visas to attend a South African school.

Applying For a Study Visa – Need to Know Information

A study visa application for your child must include an official letter from the educational institution (who needs to be registered with the Department of Higher Education) and be applied for from abroad. Parents will also need to provide documented proof of medical insurance and proof of address for their child. It is important to note that all first-time applications must be submitted from the applicant’s country of citizenship or residency (unless they have a parent who is already here on an existing work or business visa).

 

Parents should be aware that the duration of their child’s study visa will depend on the length of their course. If their studies are to continue, the study visa will need to be renewed, ideally, 60 days before the expiration of their current study visa. However, a visa renewal can easily be applied for while residing in South Africa, as only the first application must be submitted from the country of citizenship or residency.

 

As a matter of convenience, parents are advised to also apply for a temporary residency visa to avoid travelling in and out of the country as a tourist, which can easily result in poorly timed disruptions to daily life. While we understand the desire to wrap things up as quickly as possible, please be advised that the processing time for an embassy situated abroad can range from 10-20 working days post submission, and most require applicants to make an appointment for submission. This can result in a one to two month waiting time before documents can be handed in. It is, therefore, best to plan accordingly.

 

Immigrating to South Africa can frustrate even the most organised of applicants, particularly when faced with unforeseen delays. At June Luna Immigration, our attorneys have nearly a decade of experience successfully working with the South African government, and we can help make your family’s transition to South Africa as smooth as possible.

 

If you would like more information regarding a study visa application for South Africa and our other immigration services, please contact us for an initial assessment.

In February 2021, Minister of Home Affairs, Aaron Motsoaledi, released a new critical skills list scheduled (for now) to be implemented by October 2021. The previous critical skills list was released in 2014. The new skills list has a clear focus on the technology, engineering, financial, and medical sectors, with many skills from the previous 2014 list excluded completely; this shows a definitive shift in the country’s needs.

As a result of the 17 month-long lockdown due to Covid-19 and the immediate suspension of temporary and permanent residency applications, South Africa is in desperate need of skilled workers. Although the lockdown instituted in March 2020 was for the health and safety of all South African citizens and residents, it also severely impacted the economy by banning skilled workers and wealthy would-be immigrants from investing and creating new (and much needed) business and employment opportunities.

So what changed?

The full 2021 critical skills list can be read here. Please note that sections highlighted in green show signals of increased labour demand due to Covid-19. All sections with a moderate labour demand are in white, and sectors with a slow recovery and lower demand due to Covid-19 are highlighted in red. A welcomed benefit of the new critical skills list is a clear indication on which professional body an applicant should apply with – under the 2014 list this was vague and often led to incomplete or incorrect applications for residency.

This also means that holders of critical skills which are set to be removed from the list (corporate general manager, for example) will be unable to renew their visa or apply for permanent residency on the basis of their particular critical skill. These visa holders will need to consider a change in category to a new critical skill category and also reconsider their plans for an application of permanent residency, which will only re-open January 2022.

Additionally, it appears as though applicants who do not have university degrees (but copious amounts of work experience) may be left behind in the process. This will undoubtedly leave behind valuable members of society who would be able to contribute to the South African economy without facing time consuming recourse, such as waivers of certain requirements for a critical skills visa.

What about my pending application?

Applications which were in process prior to the new critical skills list being implemented should not be prejudiced and should still be able to gain either temporary or permanent residency on the basis of a skill that may not exist in the new critical skills list.

Although all residency applications are expected to begin processing from 1 January 2022 onwards, applicants should remain patient as they plan their future in South Africa. The Department of Home Affairs is currently suffering a large backlog of about 33,700 pending residency applications.

If you would like more information on the new critical skills list, how to apply for temporary or permanent residency or require litigation assistance with your pending residency application, please contact us.