Temporary Visa Concession for Holders of Intra-Company Transfer Visas Currently Resident In The Republic Of South Africa.

IMMIGRATION DIRECTIVE NO. 15 OF 2020

TEMPORARY VISA CONCESSION FOR HOLDERS OF INTRA-COMPANY TRANSFER VISAS CURRENTLY RESIDENT IN THE REPUBLIC OF SOUTH AFRICA.

In providing for the regulation of admission and departure of foreigners to and from the Republic, The Immigration Act, no 13 of 2002 directs the Department of Home Affairs to contribute to an environment in which economic growth is promoted through the employment of needed foreign labour, foreign investment is facilitated and that the entry of exceptionally skilled or qualified people is enabled.

I, Dr. PA Mostoaledi, MP, Minister of Home Affairs has, with the powers bestowed upon me in terms of section 31(2)(c) of the Immigration Act, 2002 (Act No 13 of 2002) decided to allow holders of legally issued Intra-Company Transfer (ICT) visas who are currently residing in the Republic of South Africa to apply for another term of 24 months for the ICT visa that they currently hold.

This waiver is applicable to holders of ICT visas that expired during the lockdown, including the current period and to those which will expire by 30 June 2021; subject to the following conditions:

  1. Proof that the local entity, branch or affiliate of the company abroad still requires the services of the ICT visa holder;
  2. Proof in the form of verifiable documents that the skill transfer to a South African or Permanent Residence was completed during the fours (4) years of the visas as per the initial undertaking;
  3. The ICT visa application will be considered as a new application with no accumulation nor continuation of the validity period of the current visa;
  4. The ICT visa shall not lead towards permanent residence; and that
  5. The ICT holder will remain in the employment of the designated employer for whom the initial and current ICT visa was issued.
  6. No change of employer, status or condition from current visa.

This temporary visa concession is only applicable to holders of legally issued intra-company visas and who are currently resident in the Republic during the lockdown. Any further extension or modification or amendments to the terms of this concession will only be valid if communicated in writing.

 

Dr. PA MOTSOALEDI, MP

MINISTER: HOME AFFAIRS

* This Immigration Directive follows Immigration Directive No.14 of 2020 which deals with “Re-instatement of visa exemption for international travellers

 

Updated Advisory November 2019: New Requirements for Children Travelling Through South African Ports of Entry

Revised: November 2019

The requirements for children travelling to or from the Republic of South Africa are aimed at giving effect to the Children’s Act, 2005.

1. APPLICATION OF THE REQUIREMENTS

1.1. The documents listed under paragraph 2 must on request be produced at a port of entry by South African children entering and leaving the Republic, as well as by unaccompanied minors, regardless of their nationalities.

1.2. Foreign children who apply for a South African visa at any mission or VFS service point must submit, as part of the applications, the documents required under paragraph 2 prior to such visa being issued.

 

2. DOCUMENTS REQUIRED FOR TRAVELLING THROUGH A PORT OF ENTRY OF THE REPUBLIC

 

CATEGORYSOUTH AFRICAN CHILDFOREIGN VISA EXEMPT CHILD
CHILD ACCOMPANIED BY BOTH PARENTS
  • valid passport
  • copy of a birth certificate / equivalent document or passport containing the details of the parent or parents of the child
  • valid passport
CHILD ACCOMPANIED BY ONE PARENT
  • valid passport
  • copy of a birth certificate/equivalent document
  • parental consent letter
  • copy of the passport / identity document of the absent parent
  • contact details of the absent parent
  • where applicable-
    • copy of a court order granting full parental responsibilities and rights or legal guardianship in respect of the child.
    • copy of a death certificate of the deceased parent
  • valid passport
CHILD TRAVELLING WITH PERSON WHO IS NOT HIS / HER BIOLOGICAL PARENT
  • valid passport
  • copy of a birth certificate/equivalent document
  • parental consent letter(s)
  • copy of the passport(s)/ identity document(s) of the parent(s)/legal guardian(s)
  • contact details of the parent(s)/legal guardian(s)
  • where applicable-
    • copy of a death certificate
    • copy of an adoption order
    • copy of a court order granting full parental responsibilities and rights / legal guardianship in respect of the child.
  • valid passport
UN-ACCOMPANIED CHILD
  • copy of his /her birth certificate
  • parental consent letters
  • copy of the passport(s)/identity document(s) of the parent(s) / legal guardian(s)
  • contact details of the parent(s)/ legal guardian(s)
  • letter from the person who is to receive the child in the Republic, containing his / her residential address and contact details in the Republic where the child will reside
  • copy of the identity document / valid passport and visa or permanent residence permit of the person who is to receive the child in the Republic
  • where applicable-
    • copy of an adoption order
    • copy of a death certificate of the deceased parent/ parents or legal guardian;
    • copy of a court order granting full parental responsibilities and rights or legal guardianship in respect of the child
CHILD IN ALTERNATIVE CARE
  • valid passport
  • letter from the Provincial Head of the Department of Social Development where the child resides authorising his or her departure from the Republic as contemplated in section 169 of the Children’s Act (Act No. 38 of 2005).

 


3. EXEMPTIONS

3.1. South African children travelling on South African passports may travel to South Africa without birth certificates.

3.2. Supporting documents are not required where children are in direct transit at an international airport.

3.3. Children in possession of valid South African visas are not required to produce the documents already submitted as part of their visa applications when travelling through a port of entry of the Republic.

3.4. A child presenting a passport which contains the details of his or her parent or parents is not required to produce a birth certificate/equivalent document.

3.5. In the case of school tours, the parental consent letter may be replaced with a letter from the school principal confirming that all consent letters are held by the school.  Upon producing this letter, immigration officers at ports of entry and South African missions abroad would not require any additional documents from individual scholars such as parental consent, birth certificates, death certificates, court orders or copies of the passports or identity documents of the parents and of the person receiving the child in SA. This special dispensation applies to all schools registered with the Department of Basic Education in South Africa and its equivalent abroad in respect of South African and visa required children. Download the suggested format for this letter here.

 

4. INABILITY TO CONSENT DUE TO RECENT DEATH:

Where parent/s recorded in a BC/ equivalent document are unable to consent to the travel by a child due to recent death, persons related to the child/children may apply for a special dispensation in lieu of parental consent by directing a request and full motivation, together with all supporting documents, to the Office of the Director-General of Home Affairs, at the following e-mail address: [email protected]

Note:

  • This dispensation does not apply where a parent is either unwilling to consent or unable to be located due to separation or divorce.
  • Where a parent refuses to give consent, a court order in terms of section 18(5) of the Children’s Act, 2005 (Act No. 38 of 2005), may be presented in lieu of parental consent.

 

5. DEFINITIONS

Alternative Care 
  • Section 167 of the Children’s Act, 2005 (Act No. 38 of 2005), states that a child is in Alternative Care if the child has been placed in:
    • foster care;
    • the care of a child and youth care centre following an order of a court in terms of that Act or the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or
    • temporary safe care.
Birth Certificate
  • An extract from the Birth Register containing the particulars of a child and his / her parent(s). Birth certificates containing the details of a child as well as his/her parent/s are accepted for the purposes of these Requirements regardless of the country of issue.
  • In the case of countries that do not issue BC, an ’Equivalent Document’ containing the particulars of the child and his / her parent/s, issued by the competent authority of that country, or an embassy of that country may be produced. Suggested format for Equivalent Document is available here
Child
  • South African law regards any person younger than 18 years as a child.
Equivalent Document
  • In the case of countries that endorse the particulars of parents in children’s passports, or other official identification documents, these documents shall be acceptable for the purpose of establishing the identity of the parents of the travelling child.
Letter of special Circumstances
  • Letter issued by the Director-General of Home Affairs in lieu of parental consent in the event of recent death or mental or physical disability.
Parent
  • Unless the context indicates otherwise, the word “parent” includes adoptive parents and legal guardians.
Parental Consent Letter
  • must accompany a BC when any parent is not travelling with his or her child;
  • must not be older than 6 months when presented;
  • Suggested format of the Parental Consent letter is available here: ParentalConsentLetter

 

Home Affairs’ Contact information Gauteng Region:

Johannesburg Region

 

Phone: 011 639 4202
Mobile: 082 888 4392

Phone: 011 639 4000
Fax: 011 834 6623

Phone: 011 792 0192
Mobile: 072 621 8449
Fax: 011 792 2760 / 011 792 1454

Phone: 011 786 2940/ 1/ 2/ 3
Fax: 011 887 0515

Phone: 011 938 3296
Mobile: 072 919 9586

Phone: 011 279 7300
Fax: 011 766 2079

Phone: 011 936 5666
Fax: 011 936 5753

Phone: 011 933 1412
Fax: 011 933 4408

Phone: 011 988 6872
Fax: 011 988 6872

Phone: 011 342 2543
Fax: 011 342 3685

Phone: 011 211 4314
Fax: 011 855 0197

Phone: 011 261 0708

Phone: 011 211 6010

Phone: 011 213 2928
Fax: 011 213 2928

Tshwane Region

Other: