At Craig Smith & Associates we specialize in providing a full range of South African Immigration services to all foreign people and corporations interested in pursuing leisure, working or business ventures in South Africa.
Our scope of immigration services are diverse and extensive and consists of the following:
- Temporary residence visa acquisition
- Permanent residence permit acquisition
- Immigration litigation & legal services – see Legal Services
- Challenges on refusals and appeals of temporary or permanent residence
- Tactical Court litigation and interventions to expedite delayed visa or permanent residence outcomes
- Challenges on lifting declaration of undesirability at airports to return to South Africa
- Attendances on legalisation overstays, detention and deportation
- Secure entry into South Africa of refused foreigners held at airports
- Magistrate’s Court attendances on being charged under the immigration laws
- Constitutional litigation and attacking unconstitutional immigration laws
- Corporate consulting to introduce foreign personnel
1. Temporary Residence Visas – See Visa & Permit Categories
Temporary residence visas are set out in sections 10 to 23 of the Immigration Act, 13 of 2002, as amended, to allow a foreigner the opportunity to enter South Africa and conduct activities commensurate with the particular temporary residence visa applied for ranging from leisure, study, work, retirement, spouse, business, volunteer and other associated activities.
A temporary residence visa must therefore be issued to a foreigner by the South African office abroad, if required, upon compliance with all the various requirements set out in the new Immigration Act and the 2014 Immigration Regulations.
Note: With the exception of the visitor (this includes spouse under section 11(6)) and medical treatment categories, first time applicants must submit abroad at the South African office in his or her country of nationality or residence. Thereafter, renewals or change of status or condition, including that of permanent residence can be applied for in South Africa.
Craig Smith & Associates assists applicants from abroad or in South Africa to advise, consult prepare and submit compliant temporary residence applications in relation to all the specific requirements for the temporary residence visa applied for.
2. Permanent Residence Permits – See Visa & Permit Categories
Permanent residence permits are set out in section 26 and 27 of the Immigration Act, 13 of 2002, as amended, read with the Immigration Regulations 2014, to allow a foreigner to remain indefinitely in South Africa as a permanent resident, which will allow such resident the right to conduct any activity in South Africa, subject to any specific conditions that may apply to the category concerned.
Permanent residence may be applied for abroad or in South Africa provided such applicant holds a recognised temporary residence status.
All permanent residence applications are adjudicated in Pretoria and not at the South African offices abroad, and in terms of the law, such applications should be adjudicated within eight months but it is seldom the position.
Craig Smith & Associates often assists many applicants not only in the preparation and submission of such applications, but also, in expediting long outstanding permanent residence applications that are submitted to the Department after eight months.
3. Immigration Litigation & Legal Services – see Legal Services
4. Strategic Corporate Immigration Consulting and Advisory services
The needs of corporate entities that require foreign workers are different to individuals or families who wish to relocate to South Africa. Very often we find the human resources manager responsible for the continued and seamless introduction of foreign workers to enter South Africa on specific assignments – whether short-term or for a number of years.
Matters of importance often relate to timing and strategic direction of what categories of temporary residence will best serve the entities needs in relation to business needs of the entity.
In many instances, based on the needs of the particular entity, it may be required that a multi-pronged strategy is implemented that relates to short-term work visas, longer-term work visa, waivers, affiliation of entities or corporate visas and assessment of skills of such foreign workers. These factors all play a role in the development of a seamless and well-considered strategy.
Craig Smith & Associates is often called up to assist corporate entities to bring large volumes of foreign workers into South Africa in the most efficient and least invasive manner. Visas such as section 11(2)’s, intra-company transfer work visas, critical skills and typically corporate worker visas should be considered.