SPECIAL APPLICATIONS

Situations arise where an Applicant does not meet certain prescribed requirements in terms of the Immigration Regulations. In such cases a special request made in the form of a waiver may be considered. The waiver is addressed to the Minister of the Department of Home Affairs (DHA) and submitted in terms of section 31(2)(c) of the Immigration Act, 2002 (Act No. 13 of 2002), as amended.

The waiver requests the Minister of Home Affairs to waivecertain prescribed requirements contained in the Immigration Regulations, to enable the Applicant to apply for a specific visa category, despite not meeting all the relevant requirements. This means that companies and/or individuals may, on good cause shown, be exempted from certain prescribed requirements.

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WHAT NECESSITATES THE NEED FOR A SPECIAL APPLICATION?

Typical scenarios would include:

Since the inception of the points-based system for the adjudication of General Work and Critical Skills Work Visas, the Applicant may fall short of the requisite 100 points in order to qualify for a work visa.
The applicant may not be able to produce an evaluation from the South African Qualifications Authority (SAQA) of their foreign qualifications or their evaluations received do not meet the requisite NQF Level concerned.
The applicant may not be able to travel abroad to their country of origin or where they hold long term status in order to submit his or her application (this could be due to war or strive within the country concerned)
The applicant is unable to obtain/produce a Police Clearance Certificate.
Where a Business Visa application is not able to comply with the prescribed capital contribution amount of R5 million and has received a positive recommendation from the Department of Trade and Industry (DTI).

HOW DOES ONE APPLY?

First and foremost, adequate motivation is required and submitted in the form of a detailed motivational letter completed by the Employer concerned, setting out the circumstances which should be taken into consideration by the Minster in order to issue a favourable outcome.

Depending on the requirements to be waived and the visa category concerned, certain supporting documentation will need to accompany the application.

WHY US?

Xpatweb offers a bespoke, inclusive service to corporates and professionals, from identifying the category of visa best suited to you, through to the compiling of a fully compliant application for submission, in the most efficient and timely manner.

Our diverse and skilled team of professionals possesses extensive expertise within the industry, uniquely positioning us to deliver exceptional services tailored to your specific needs. We are committed to ensuring a positive and seamless experience throughout the immigration process. With a multi-disciplinary approach, we provide relevant and top-notch services, employing the optimal strategies to navigate the complexities of immigration. Trust us to guide you through the intricacies of the immigration landscape, ensuring a smooth and successful journey.

Our team of experts will conduct an initial assessment on the feasibility of submitting a waiver and advise you on the best course of action

CONTACT US

Full Name*
Email Address*
Contact Number
Please select the visa category you require assistance with:*
How old is the child?*
Does the child's parent/ guardian have valid status within South Africa?*
What is your marital status?*
What is the status of your spouse?*
What is the number of foreign nationals you are looking to employ?*
Do you currently have a formal offer of employment from a registered South African company?*
What is your highest level of Education?*
In which country did you complete your highest qualification*
What position have you been offered*
Do you have accompanying family members?*
What is your highest level of education?*
In order to qualify for a General Work Visa, you must have an offer of employment from a South African employer. What is your expected annual income for the position you have been offered?*
How many years of work experience do you have?*
Is your prospective employer a member of the Trusted Employer Scheme?*
* Trusted Employers who have received this status form the DHA often meet the following criteria: - Have invested more than R100 million into the South African Economy - Employ more than 150 staff
Are you proficient in one of South Africa's 11 official languages?*
What is your relationship to a South African citizen/ Permanent Resident?*
Do you have an offer of employment from a South African employer?*
What is the duration of your relationship?*
Do you have an offer of employment from a South African employer?*
Are you currently employed by a foreign entity outside of South Africa?*
Do you earn an annual salary exceeding R650,000? (UDS $37,000 / EUR 33,000)*
What is your intention in South Africa?
What is you intended duration of stay in South Africa?*
Do you have a monthly irrevocable income of at least R37,000?*
Do you have a net worth of at least R2.4 million?*
Do you intend on working part time or conducting business while in South Africa?*
Do you have accompanying family members?*
What is the duration of your assignment in South Africa?*
Does your current employer support your work in South Africa?*
Are you being sent on a secondment or assignment to South Africa?*
Have you been employed in your current position for longer than 6 months?*
What is the expected duration of your secondment/ assignment?*
Do you have an enrollment letter from a recognized learning institution?*
What level of education will you be completing in South Africa?*
What visa do you currently hold?*
Please specify other*
What is the expiry date of your current visa*
Date Format: DD slash MM slash YYYY
What Visa do you currently hold for South Africa?*
Have you received a permanent offer of employment?*
Do you have accompanying family members?*
What is the expiry date of your current Critical Skills Work Visa?*
Date Format: YYYY slash MM slash DD
Do you have accompanying family members?*
What is the expiry date of your current General Work Visa?*
Date Format: YYYY slash MM slash DD
How long have you resided in South Africa?*
Do you have accompanying family members?*
What is the expiry date of your current Intra Company Transfer Work Visa?*
Date Format: YYYY slash MM slash DD
How long have you resided in South Africa?*
Have you been offered Permanent employment by a South African employer?*
What is your relationship to a South African citizen/ Permanent Resident?*
How long have you resided in South Africa?*
Have you maintained your relationship with your South African partner/ South African PR holder?*
How long have you resided in South Africa?*
How long have you resided in South Africa?*
Do you receive an irrevocable income of at least R37,000 per month (Rental income, dividends, interest, pension, ect )*
Do you have a net worth of at least ZAR 1,8 million*
What is your relationship to a South African citizen/ Permanent Resident?*
How long have you resided in South Africa?*
Have you maintained your relationship with your South African partner/ South African PR holder?*
How long have you resided in South Africa?*
Total Points*
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