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Immigration in General The Republic of South Africa can accommodate only a certain number of immigrants. South Africa has a vast reserve of unskilled and semi-skilled workers who are entitled to employment opportunities and to economically viable lifestyle. For this reason no one in the unskilled and semi-skilled categories will be accepted as an immigrant worker in South Africa. Because of the considerable need for the creation of job opportunities for South African workers as well as for their training and development, South Africa cannot afford to grant permits for immigration to persons who are not seriously committed to immigrating to the country permanently and to investing their assets, skills, knowledge and experience for the benefit of themselves and the people of South Africa. Basic Immigration Principles The present immigration policy places emphasis on the broadening of the economic base of South Africa by concentrating especially on the obtaining of those immigrants who are in the position to render a meaningful contribution in this regard. The South African immigration policy is embodied in the Aliens Control Act, 1991 (Act 96 of 1991), which prescribes certain requirements which are to be met by an applicant. He/she must be of good character, must be a desirable inhabitant, must not likely to be harmful to the welfare of the Republic of South Africa and most importantly must not follow an occupation in which there are already sufficient number of persons available to meet the requirements of the country. The Immigrant Selection Board (ISB) The consideration of immigration application is a matter assigned to the various regional committees of the ISB, an autonomous statutory body appointed by the Minister of Home Affairs. These committees consider each application on its merits and on an individual basis, as provided in the Aliens Control Act, 1991. Applications are considered by the relative committee in the province where the prospective immigrant will be settling. The ISB is the only body in South Africa empowered by law to confer or withhold the right to permanent residence. In particular, the committees take cognizance of the legal provision which places an obligation on them to ensure that those applications are approved where the applicants will follow occupations for which a proven demand exists in the Republic of South Africa. The overriding consideration should always be the protection of the inherent rights of South African citizens or permanent residents to employment opportunities which may exist in the country. The Role of the South African Consulate General in New York Applicants who are lawfully residing in North America must apply for immigration through the South African Consulate General in New York. This is the only Mission in North America that is tasked to process applications for immigration. In terms of Section 24(8) of the Aliens Control Act, 1991, this office is only responsible for administrative functions of the immigration applications. These functions include, inter alia, acceptance of complete application and the relative tariff, conduct of interview, request of outstanding documentation and interdepartmental reports, referral of the application to the regional offices and notification of the decision to applicant. Prospective immigrants must keep in mind that no alien shall enter or sojourn in the Republic of South Africa with a view of permanent residence therein unless he or she is in possession of an immigration permit. The outcome of the application must be awaited outside the Republic of South Africa. Immigration Categories: It is important to note that applicants do not place themselves in specific immigration categories. This is an administrative function that is performed by the officials of the Department of Home Affairs. Applications are considered on the basis of a family unit. Divorced or legally separated persons applying will have to submit proof of divorce or legal separation. No person shall apply on behalf of an alien for an immigration permit unless the application is accompanied by a written power of attorney. Interview A personal interview is required for all applicants towards the final stage of the application. The interviews will be conducted by this office or by other South African Missions in North America depending on the applicant's point of residence. If a personal interview is not feasible for the reason that his/her point of residence is of great distance from/to the respective South African Missions, a telephonic interview will be arranged by the respective Mission provided that all requirements have been duly complied with by the applicant. Immigration Fees US$1,155.00 - Administrative fee in respect of a formal application for an immigration permit per individual or per family. The fee is non-refundable irrespective of whether the application is approved or not. This payable upon submission of the formal immigration application. US$90.00 - Administrative fee for an application for extension of validity of an immigration permit. All fees are non-refundable and must be paid in certified bank check payable to the South African Consulate New York. Processing Time Assessment of Preliminary
Questionnaires Issuance and Validity of an Immigration Permit Immigration permits are issued by the Regional Offices of the Department of Home Affairs in South Africa. These permits are forwarded to this office for onward transmission to applicants. The validity period of an immigration permit is six months. If the person is unable to arrive in the Republic within this period, an application for extension must be submitted to this office prior to the expiration date. Extensions are granted for a maximum period of six months and requires a fee of US$120.00. Withdrawal of an Immigration Permit The Minister may withdraw an immigration permit by notice in writing and will order the holder of such permit to leave the Republic within the period indicated in the notice on the basis of the following:
Important Notice Changes relative to policy matters, legislation and regulations may eventuate at any time subsequent to the above information. It is the responsibility of the reader of this document to make sure at all times that the information contained herein is still relevant. It is therefore suggested that inquiries be made at regular intervals to this office, the nearest South African Mission abroad or the Department of Home Affairs in South Africa.
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