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.

MORE INFORMATION

PREPARE TO RENEW YOUR SOUTH AFRICAN VISA

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

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