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SPECIAL APPLICATIONS

Immigration Waivers: How to Request an Exemption from Prescribed Visa Requirements

In some cases, visa applicants may not meet specific criteria outlined in the Immigration Regulations. When this happens, an applicant can submit a waiver request to seek exemption from these requirements. This waiver is formally addressed to the Minister of the Department of Home Affairs (DHA) under section 31(2)(c) of the Immigration Act, 2002 (Act No. 13 of 2002), as amended.

Immigration Waivers

A waiver allows the Minister of Home Affairs to waive certain prescribed requirements in the Immigration Regulations, enabling applicants to apply for a particular visa category even if they do not fully meet all conditions. Both companies and individuals can submit a waiver application, provided they demonstrate good cause for the exemption. 

Key Points About Immigration Waivers:

  • Waivers are submitted in terms of section 31(2)(c) of the Immigration Act. 
  • They request exemption from specific visa requirements. 
  • Applicable to both individual and corporate applicants. 
  • Approval is granted at the discretion of the Minister of Home Affairs. 
  • Demonstrating good cause is essential for consideration. 

If you or your organisation face challenges meeting immigration requirements, submitting a waiver request can provide a path to obtaining the desired visa category. 

MORE INFORMATION

PREPARE TO RENEW YOUR SOUTH AFRICAN VISA

Applicants may require a waiver in various situations where they do not fully meet the Immigration Regulations. Typical examples include: 

  • Points-Based System Shortfall: Since the introduction of the points-based system for General Work and Critical Skills Work Visas, some applicants may fall short of the required 100 points needed to qualify for a work visa. 

  • SAQA Evaluation Challenges: Applicants who cannot provide an evaluation from the South African Qualifications Authority (SAQA) for their foreign qualifications, or whose evaluations do not meet the necessary National Qualifications Framework (NQF) level. 

  • Inability to Travel Abroad: Applicants unable to travel to their country of origin or country of long-term residence to submit their application due to exceptional circumstances such as war, conflict, or civil unrest. 

  • Lack of Police Clearance Certificate: Applicants who cannot obtain or produce a valid Police Clearance Certificate from a specific country abroad due to diplomatic concerns. 

  • Business Visa Capital Requirements: Business visa applications that do not meet the prescribed capital investment amount of R5 million but have received a favorable recommendation from the Department of Trade and Industry (DTI). 

HOW DOES ONE APPLY?

The waiver application must include a comprehensive motivational letter written by the employer or sponsoring party. This letter should clearly explain the specific circumstances and reasons why the Minister of Home Affairs should consider granting the waiver and approve the visa application despite unmet requirements. 

Additionally, depending on the visa category and the particular requirements being waived, relevant supporting documentation must be submitted alongside the waiver request. Providing thorough and accurate documentation increases the likelihood of a favorable decision by the Minister. 

WHY US?

Xpatweb provides a tailored, comprehensive immigration service specifically for both corporate clients and individual professionals. From identifying the most suitable visa category to compiling a fully compliant application, we ensure your immigration process is handled efficiently and submitted on time. 

Our diverse and highly skilled team brings extensive industry expertise, uniquely positioning us to deliver customised immigration solutions that meet your specific needs. We are dedicated to providing a positive, seamless experience throughout every stage of the immigration journey. 

By applying a multi-disciplinary approach, we employ the most effective strategies to navigate the complexities of immigration law and regulations. You can trust Xpatweb to expertly guide you through the entire process, ensuring a smooth and successful outcome. 

Our Services Include: 

  • Initial assessment to determine eligibility for visa applications or waiver requests. 

  • Detailed advice on the feasibility of submitting an immigration waiver. 

  • End-to-end support from visa category selection to application submission. 

  • Personalised strategies tailored to your unique circumstances. 

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