Immigration Attorney - Relocating to South Africa - Immigration information
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Whilst many foreigners dream of relocating or captivating to South Africa, many foreigners are beyond doubt taking a chance and captivating their families and lives to our gorgeous country. As this process can often be difficult and tedious, more so if you are not correctly informed prior to your immigration process, there are many aspects of relocating to South Africa that is required to be belief through before the new adventure can begin.
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Many foreigners only perceive the estimate of matters that have to be sorted through and arranged once they arrived in our stunning country. There is no need to stress, if all information is at least known before arriving, this will save you many nights of worry and many more days to enjoy our sunshine, beaches, mountains and gorgeous flora and fauna with yourself or your family.
Transferring money, bank accounts, exchange control, taxation and investments information
- Transferring Money into South Africa
For a foreigner wanting to reside in South Africa, or even if a foreigner wants to invest in the country in one way or another, an agent or consultancy is all the time the best to approach for the finer details with regard to best exchange rates when transferring money, investments, transferring of money and tax implications.
- Bank Accounts in South Africa
Opening up of bank accounts is a uncomplicated process, provided the accurate documentation is supplied to the relevant consultant. If a foreigner wants to collect a personal/individual bank inventory (while on a visitors visa), a "non-resident" inventory can be opened for that person. Whilst these accounts can have all the features of normal banking account, the "non-resident" accounts are restrictive in as much as they cannot commonly receive deposits in Rands. Once on a temporary home permits, these accounts are changed to "resident" accounts. It is best to speak to a Bank counselor to get the best potential assistance and views.
The foreigner's finished corporation can collect a company account, there would be no currency restrictions in terms of Rand deposits, as the finished corporation is viewed as a legal identity in its own right and in the foreigner's case, is incorporated in South Africa. To receive the best assistance and required documentation, speak to a banking counselor or an agency that can support with this nature of services.
- exchange Control
Upon transferring money to South a foreigner will be confronted with the exchange operate regulations in South Africa.
South African exchange operate Regulations are a set of laws controlling the in and outflow of money in South Africa. An authorised dealer in every major South African bank are required to make sure on profit of the sustain Bank that incoming and outgoing money complies with the regulations.
A foreigner can exchange an unlimited estimate of money into South Africa. As long as the foreigner transfers the capital via a bank within South Africa, it will get registered with the sustain Bank.
There are limitations in place when it comes to transferring capital out of South Africa.
The rules and limitations for a foreigner depend on the status for exchange operate purposes when the someone arrives in South Africa. The sustain Bank distinguishes between foreign nationals, temporary residents, immigrants and South African citizens.
Since the status of citizen relocating to South Africa varies agreeing to the kind of permit they receive, individual guidance is necessary.
It should be noted that it is not accurate that foreigners relocating to South Africa cannot take any of the money they brought into the country out again. There are rules and regulations, but they do not permit the retransfer of capital introduced into South Africa.
- Taxation
South Africa has a home based tax system, which means that all tax residents are taxed on their worldwide income, irrespective of where it was earned.
Even in case that a foreigner is not classified as a tax resident in South Africa from the start, the foreigner will have to pay tax on income generated from a source within South Africa.
It is foremost that a someone takes care to that he or she is compliant with both income Services, the one in South Africa and the one in his/her home country. South Africa has signed duplicate tax trade with many countries to avoid that a someone pays tax for the same income in two countries at the same time.
A foreigner should seek expert guidance to settle from when they will be classified as a tax resident in South Africa and what consequences this status will have on your tax situation.
- Investments
South Africa has all the time welcomed foreigners who invest in our country. For those foreigners who know only miniature information on venture options, this matter should be dealt with by an expert financial controller or agency that can support with this service. venture in this country is on a large scale and many foreigners, who immigrate to South Africa, do not receive the best service, exchange rates, etc - therefore, causing losses, instead of financial gain. With a combination of separate opportunities and jurisdictions, it can prove to be a multitude of choices and decision to make.
Buying property in South Africa
There are many opportunities to buy a property in South Africa, for a holiday home or for indefinite periods - there is an unabridged store for those on the look out for the best potential properties that South Africa has to offer. Although the store is aimed at the "Seller" and the 'Seller's" needs, there are those agents who are on the side of the buyer (foreigner). These agents are the best to speak with with regard to purchasing a property in South Africa, as they will all the time ask the right questions, find the best potential prices, areas, etc for the foreigner and family.
Prospective foreign buyers face a estimate of matters that are unique to those purchasing property abroad, some matters are: accurate financing, exchange operate matters, decreased knowledge of geographical areas, inequity in buying formula from abroad. It is best for the foreigner to find an agent or South African company who can support with these matters and others, through the entire process, as to not leave the foreigner with questions unanswered but, to enable the foreigner to enjoy their time in South Africa and see their path foremost to their new beginning growing.
School and Employment in South Africa
With all families, foreign or South African, seeing the right school and employment in the country, if needed, is two of the most foremost aspects of relocating to an additional one country.
In South Africa, there are many educational institutions, whereby children of foreigners (after obtaining a study permit for that school) spend most of the days. It is all the time foremost to find a school that has many of the activities that the child enjoys, some schools focus on sports activities and some schools focus on recreational activities, there are many schools which have a medium with both kinds of activities offered to their students.
South Africa offers many astonishing benefits to reside in, with its increasingly first-world infrastructure and its growing influence in the international market, occupation aspirations can enduringly be fulfilled. If a foreigner would like to work in South Africa, the important work permit would need to be obtained in order for the foreigner to work legally in the country. It is best to speak with an immigration agency in order to find out what work permit would be best suited to the foreigner in question.
Permits for home in South Africa
In order for a foreigner to reside legally in the country, irrespective of the visitor's visa obtained whether at the border when entering the country, or before advent from the relevant Embassy, the foreigner would need to reside in South Africa on a valid permit enduringly in order to forestall fines incurring, deportation back to the country of origin or imprisonment.
There are many separate permits and these are issued at the discretion of the agency of Home Affairs to the foreigners who qualify for these approved permits.
- Visitor's postponement Permit (holiday/visit)
A visitors postponement permit is issued to a foreigner only once in succession (after preliminary issuance of visitors visa when arriving in South Africa), therefore, the maximum stay that a foreigner can reside in South Africa on a visitors permit/visa is 6 months (160 days), this is dependent on the country of origin's preliminary visitors permit, as many countries issue the visitors visa under 90 days, etc. Once the 6 months has come to an end, the foreigner would need to leave the country, or apply for a temporary home permit (if the foreigner qualifies for a exact permit).
In order to receive a visitors visa at the border (i.e. Airport), the foreigner who is entering South Africa is required to show a return label to the country of origin within 3 months (90 days) after arrival, if not, the officials at the borders are able to deny entry into South Africa.
- Study permit
In South Africa, a foreigner who would like to study in an educational convention would want a South African study permit (temporary residency). There are 2 options for a study permit for the respective foreigner(s):
The first option would be for foreign families immigrating to South African with children from the age 6 to 16 (as all children from the age of 6 to 16 are required by law to attend schooling, therefore, requiring a South African study permit). If a child is young sufficient to attend crèche, pre-school, etc, provision may be made by the agency to issue a study permit to the child(ren), this is done with their own discretion. These permits are issued to the distance of the study period, the maximum period distance of a study permit is 3 years and these permits can be extended a estimate of times.
The second option would be for individual (stand alone) foreigners wishing to continue their studies in South Africa (e.g. University, college, etc). These study permits are issued by the agency of Home Affairs to the applicant who has been "provisionally accepted" to a South African Registered Educational Institution. These study permits are issued to the distance of the course; this is done with the Department's discretion and can be extended is necessary.
A someone (foreign student), over the age of 16 years is able to escort work for 20 hours per week while their term (semester) or when the workplace is a learning convention on a South African study permit.
- company Permits
Business permits are issued to foreigners who wish to operate a company in South Africa, whether it be finished corporations, sole proprietors, etc. These permits are issued to those foreigners who wish to invest in an already established company or establishing a new business.
In order to qualify for a company permit, the foreigner must submit proof stating that they wish to invest or have already invested an estimate of (a) Zar 2.5 million in cash in foreign currency, (b), a capital gift of at least Zar 2.5 million or (c) at least Zar 2.5 million in cash in foreign currency and a capital gift of Zar 500,000 into the book value of the company in question, along with other gargantuan documentation proof (i.e. company plan).
If a foreigner wishes to invest less than Zar 2.5 million into the book value of the business, a suggestion letter (waiver) is required by the agency of Home Affairs, these suggestion letters are issued by the agency of Trade and business (Dti) to waiver the capitalized requirement. These letters are also issued for exact industries, e.g. Tourism business (guest houses), information and communications technologies and others.
Business permits are issued ordinarily for 24 months, but can be issued for up to 5 years, this is at the Department's discretion. Before the expiry of this permit, the same can be extended.
Permanent Residency can be applied for based on the company permit category, based on self-employed applicants who invest more than Zar 2.5 million into the book value of the business. If a foreigner's venture is less than the prescribed amount, waiting on the outcome of the waiver application is required to be done before permanent home can be applied for.
For foreigners wishing to operate a company in South Africa, the best option would be to seek guidance from an established Immigration company to receive the accurate guidance and protocol to be established to avoid time to come problems if done personally.
- Retired Permits
A South African retired permit is issued to a foreigner who wishes to reside in South Africa for 6 months or longer, there are no age minimum or maximum requirements for this permit category.
A foreigner wishing to retire in South Africa and collect a retired permit must be able to prove the following financials (a) Zar 20,000 per person, per month for a maximum period of 48 months (four years) through cash assets, capital (bank statements), pensions, actual rental income or venture interest income for a temporary residency application or (b) Zar 20,000 per month - life-long guaranteed income through pensions, actual rental income or venture interest income for a permanent home application.
If a foreigner who would like to apply for permanent home based on retired category and has not been married/in a permanent connection for 5 years or longer, the above Zar 20,000 per month, would be per person, resulting in the foreigners submitting proof of Zar 20,000 per month, per person, each.
The retired person's temporary home permit is issued for a period of 6 months to 48 months (maximum period); the period on the retired permit is dependent on the financial income provided.
If a someone would like to collect a retired temporary home permit, this retired permit only does not permit the owner to work in South Africa. A work endorsement would be required in order for the foreigner to escort work. If a work endorsement is endorsed with the retired permit, this endorsement is specific, therefore, not allowing the owner to work at any establishment, but for the company employing the foreigner at that time.
No owner of a temporary home retired permit is able to operate a company or study in South Africa.
- Life-Partner / Spousal permits
All foreigners want a permit to reside legally in South Africa, whereby a spouse (husband or wife) or a life-partner (permanent relationship) of a South African citizen/permanent resident owner would need to apply for a spousal or a life-partner permit. A temporary home permit can be issued to a foreign spouse/life-partner who has been married/permanent connection to a South African for less than 5 years, but in turn, permanent home can only be applied for once the join have been married/permanent connection for 5 years or more and can prove this time together.
It would be the more important option to apply for temporary home first (whether married/permanent connection for more or less than 5 years), as permanent home takes practically 18 months (these timescales are not guaranteed), therefore the foreign spouse/life-partner would be legal to reside in South Africa, whether applying for permanent home or not.
It is very useful to collect a South African spousal or life-partner temporary home permit, as foreigners who are holders of these permits are able to work, operate a company or study in South Africa with the accurate endorsement. This permit negates the need for work permits and company permits to be applied for and all the vast estimate of documentation that is required. While these spousal or life-partner permit endorsements want only a few further documents to enable the foreigner to work/operate a company or study in South Africa.
If a foreigner will be conducting work, operating a company or learning in South Africa, it is best to know exactly what endorsement or company to work for, company plans or educational institution, as these endorsements are specific. Therefore, the name of employer/business or educational convention will be mentioned on the permit, not allowing the foreigner work for an additional one company, operating a separate company or learning with a separate institution, without re-applying (with a new application) for a new exact endorsement on the spousal or life-partner permit.
The distance of the temporary home permit is issued by the agency of Home Affairs at their discretion and is issued for a period between 1 - 3 years. The South African spousal or life-partner permits can be extended at the end of their validity, provided that the marriage certificate or proof of connection is submitted with the postponement application.
- Relatives Permit
While many foreigners who reside in South Africa do not have direct house in the country, there are foreigners who do have house (direct - 1st and 2nd kinship) residing enduringly (obtained permanent residence) or are South African citizens in the country, these foreigners may apply for a relatives permit.
For temporary residency, the following lines of kinship may apply for temporary residency, parents, children, siblings. In order to apply for permanent residence, only parents and children are permitted to apply under this category.
The temporary home permits are ordinarily issued for a period of 1 - 3 years, these permits can be extended if important provided the documentation is supplied. Conducting work, operating a company or learning in South Africa is not permitted for the holders of this permit.
- Work permit
In order for a foreigner to work in South Africa, a work permit is required to be obtained from the agency of Home Affairs. Obtaining a work permit can seem daunting and a involved process as foreigners often are informed by potential employers that they cannot hire them until a work permit is in place, this is not necessarily correct, as many immigration fellowships may sense the prospective manager and quote the realities with regard to work permit matters.
There are four types of work permit categories for foreigners wishing to escort work in South Africa:
1. normal Work permit - a foreigner wishing to apply for a normal Work permit is required to provide a conditional offer of employment from a South African based manager surrounded by other documentation (i.e. Advertisement, etc). This work permit is also required to contain confirmation that the foreigner who is applying for this permit possesses the important qualifications, certified and popular ,favorite by the South Africa Qualifications Authority (Saqa) and confirmation of the relevant work experience.
These permits are issued by the agency for a period of 1 - 5 years. A person, who has been residing in South Africa on a normal Work permit for 5 years or longer, may apply for permanent residency thereafter.
2. Quota Work permit - a foreigner who falls within a confident expert criteria in which skills are considered scarce within South Africa are able to apply for a Quota Work permit. No manager is required for this permit to be applied for. This work permit is also required to contain confirmation that the foreigner who is applying for this permit possesses the important qualifications, certified and popular ,favorite by the South Africa Qualifications Authority (Saqa) and confirmation that the applicant has at least 5 years of relevant working sense in the approved field.
These permits are also issued by the agency for a period of 3 - 5 years. If a foreigner enters the country on a Quota work permit, the owner must submit confirmation of having secured employment within a exact category within 90 days of advent (i.e. The Quota Work List issued by the agency of Home Affairs). After a foreigner receives a Quota Work Permit, while in South Africa, this foreigner is required to confirm employment in the exact category within 90 days of receiving the permit; thereafter a normal Work permit is applied for to the agency of Home Affairs.
3. Exceptional/Extraordinary Skills permit - a foreigner who possesses exceptional skills may collect this temporary home permit. In order for a foreigner to qualify for this permit, the application for an Exceptional Skills permit must be accompanied by letters from foreign or South African organs of state or from an established South African academic, cultural, company body confirming the exceptional skills of the applicant. With these letters, any proof which substantiates the claim to exceptional skills/qualifications must be submitted, such as testimonials from previous employers, publications or dissertations are required.
This exceptional skills permit is issued for a period of 1 - 5 years, at the Department's discretion with regard to the exceptional skills. Permanent Residency is permitted to be applied for under this category.
4. Intra-Company exchange permits - a foreigner who is being relocated from a field in the country of origin to a sister branch, subsidiary or affiliate in South Africa. The holders of these permits are seen as a temporary recruitment options for the manager by the agency of Home Affairs; therefore, these permits will only be issued for a maximum period of 2 years.
- Corporate Permit
A Corporate permit is seen as a thread of a work permit, but is issued by the agency of Home Affairs to South African based fellowships (corporates) who wish to hire foreigners who may take up employment for the applicant for a miniature time. These permits also offer these fellowships the possibility to hire great numbers of employees abroad.
Due to South Africa's ever growing market, the corporate permit enables the companies, an perfect way to conduct their human resources, as each application is aimed at an individual work permit for a predetermined estimate of required foreign employees, with this application, having to submit detailed job descriptions, exact requirements and the proposed remuneration in respect of each employee.
These are detailed and lengthy applications that want vast amounts of attention to detail. The agency issues corporate permits for a maximum period of 5 years. In order for an postponement to be considered, the corporate fellowships have to request for retrial to the agency of Labour and agency of Trade and business that the positions they want are still in shortage in South Africa.
There are a estimate of other permits that can be applied for, if the foreigner qualifies, but the most tasteless South African permit options would be the above.
With South Africa's ever growing cheaper and population, it comes as no surprise that the matters, such as money matters, taxation, schooling, properties and permits, etc are required to be looked over, dealt with and knowledge increased prior to advent in order for the foreigner to make the best potential decisions to make their new lives easier and run efficiently for themselves and their families.
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