Move to South Africa from USA

In order to start the process to relocate to South Africa from USA, American citizens will need to prepare for the temporary visa application with adequate documentation that will justify their purpose of stay. Our lawyers in South Africa provide complete assistance throughout the application process, thus ensuring that your submission is a correct one and that you meet the timeframe for your relocation.

What are the steps to relocate to South Africa from USA?

Moving to South Africa from the USA starts with one practical question: what will be the reason for the stay? Your answer determines the visa route and the documents that must be prepared.

Here are the steps you need to follow in a standard process of relocation:

• choose the visa that matches the purpose of the move;
• check the conditions attached to the particular visa;
• collect the documents that support the application;
• complete and submit the visa application;
• wait for the immigration authorities to issue their decision.

If you find the process overwhelming, you can reach out to our lawyers in South Africa. We are here to understand which route fits your situation and prepare the files for you.

What are the documents needed to move from USA to South Africa?

Depends on the type of visa used for the relocation. In general, you may need:

• a valid US passport;
• the completed visa application form;
• recent passport photographs;
• medical documentation;
• police clearance certificates, where required;
• proof of sufficient financial means;
• documents concerning accommodation and travel arrangements;
• civil status documents, when relocating with a spouse or children.

In some cases, other documents may be necessary. For example, a work visa requires employment-related documents.

What are the main types of temporary residence visa for those who move to South Africa from USA?

A temporary residence visa is issued upon request and has a validity period of over 3 months, with a maximum that depends on the category (up to 5 years for work visas).

The following types of temporary residence visas can be applied for as the first step by those who wish to immigrate to South Africa from USA:

• work visa: for those who have the general or special qualifications to work in South Africa and have obtained a work offer from a local employer;
• business visa: for those who wish to open a company or invest in an existing one; they can also be employed in this company;
• Ssudy visa: for US nationals accepted to study at one of the South African universities or follow other studies with a recognized educational institution;
• relative visa: for the spouse/relatives of a South African citizen who wish to join him or her in South Africa.

What are the main categories of work visa?

The work visa is divided into several categories. In order to move to South Africa from USA the applicant will need to state its type:

1. general work: for US nationals who have general qualifications, irrespective of field, to work in South Africa;
2. intra-company transfer: for those who are transferred by their company to its South African branch or another affiliate company;
3. critical skills: for those US nationals who have skills that are critical or scarce in South Africa;
4. corporate: issued to a legal person that will employ foreign nationals who will conduct work for it.

Our lawyers in South Africa can give you more details on each of these categories of temporary residence visas and their renewal.

What are the conditions for permanent residence for those who wish to immigrate to South Africa from USA?

Obtaining permanent residence is a natural step for American citizens who have the purpose to relocate to South Africa based on one of the permits above.

Direct residence for American citizens is permitted under Section 26 of the Immigration Act (Act 13 of 2002) and has the following conditions:

• the US national has been living in SA with a valid work permit for 5 years;
• he or she has received a permanent offer of employment, thus the decision to move to South Africa from USA;
• regarding the position above, the employer has provided a certification that the job opening is valid and that it is to be filled by a foreign national with the US applicant’s qualifications;
• an American citizen who qualifies for direct residence is also able to have his/her spouse and minor children apply for permanent residence in RSA.

Permanent residence in South Africa is also possible in other situations, including for investors.

How long does it take to process a South African visa or permanent residence application?

The following processing times can be expected at most of the Consular services for South Africa located in North America:

• 3-4 weeks for the temporary residence visas;
• 12-18 months for permanent residence applications;
• 5-10 business days for a visitor visa.

Can a South African visa application be rejected?

Yes, if you don’t meet the conditions or the file doesn’t contain all the required supporting documents.

Other reasons may include:

• inconsistent information in the application;
• failure to provide documents specific to a work, business or other visa category;
• circumstances that make the applicant ineligible under South African immigration rules.

If you find yourself in this situation, our lawyers can review the rejected application, explain the reasons for the refusal and advise on the appropriate next step.

What happens after arriving in South Africa with a residence visa?

You can start settling in and carrying out the activity covered by the visa. For some people, this means beginning a new job. For others, it may involve starting university, joining family members or taking care of business matters.

You should always check the conditions written on the visa. A work visa, for example, doesn’t give you the freedom to take up any type of employment.

It is also worth keeping an eye in the expiry date from the start. If the stay needs to be extended or the immigration status must be changed, the application should be prepared before the current visa expires.

For more information about the process of relocating to South Africa from USA, contact our team of lawyers!