WORK OR BUSINESS PERMIT APPLICATIONS, WAIVER OR WAIVER EXEMPTIONS

 WHAT IS A WAIVER OR A WAIVER EXEMPTIONS

Where certain requirements cannot be fulfilled, a special waiver request may be considered by the Department of Home Affairs (DHA) when submitted in terms of section 31(2)(c) of the Immigration Act, 2002, as amended.

A waiver application is thus (a formal written request to the DHA to set aside certain prescribed requirements for a visa in any given category). This means that companies and/or individuals may, for good cause, be exempted from certain prescribed requirements.

WHAT NECESSITATES THE NEED FOR A WAIVER?

  1. A waiver letter can be submitted with the General Work Visa application in lieu of the Department of Labour Certificate.
  2. The employer/applicant may have received a negative recommendation from the Department of Labour.
  3. The applicant may not be able to produce an evaluation from the South African Qualifications Authority (SAQA) of their foreign qualifications.
  4. The applicant may not be able to travel abroad to their country of origin or of permanent residence to submit an application.
  5. The applicant is unable to obtain/produce a Police Clearance Certificate.
  6. In the case where numerous people in an organization need the same prescribed requirement waived – a company may apply for a blanket waiver (mostly used for Corporate Visa applications).
  7. 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?

To apply for a waiver, the applicant will need to submit relevant supporting documentation for the required visa application and will need to motivate as to why they need a waiver of the prescribed requirement(s).

WHY US?

Maltech Africa has an experienced and dedicated team of immigration specialists, master tax practitioners, commercial attorneys, chartered accountants, and mobility practitioners. Our competitive advantage is adding a layer of tax optimization and other 2 layers to the process thus always ensuring tax and residency implications are taken into account.

 Talk to us today T&Cs and Consultation fees Apply

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