SPECIAL APPLICATIONS

Q: 1. What is a Special Application in South African immigration law?

A Special Application refers to an exceptional request submitted to the Department of Home Affairs when a foreign national’s situation does not fall within standard visa categories or processes . These are considered on a case-by-case basis and require a strong motivational letter and supporting documentation.

Q: 2. What types of situations qualify for a Special Application?

Examples include: Applying for a change of visa status from within South Africa (e.g., from visitor to work visa, which is normally not allowed) Waivers of certain visa requirements (like qualifications or police clearance) Appeals to overcome visa rejections or bans Humanitarian or compassionate grounds (e.g., illness, children’s schooling, family separation) Late visa renewals or expired permits due to valid reasons

Q: 3. Can I apply for a new visa inside South Africa with a Special Application?

Yes — but only under exceptional circumstances . For example, if you entered South Africa on a visitor visa but now have a job offer or family emergency, you can request special permission to apply for a different visa without leaving the country .

Q: 4. What documents are needed for a Special Application?

The core of the application is a well-drafted motivational letter , supported by: Personal and/or legal circumstances Proof of hardship or valid exception Supporting documents (e.g., medical reports, job offers, affidavits, academic records) Passport copies and previous visas Any documents relevant to your specific situation

Q: 5. Who decides if a Special Application is approved?

The application is reviewed by senior officials within the Department of Home Affairs , usually at the Head Office in Pretoria . There is no formal application form — it is submitted via letter and supporting documents.

Q: 6. How long does a Special Application take to process?

There’s no official timeframe , but most cases take between 6 to 12 weeks or longer. Processing is highly variable depending on complexity, DHA backlogs, and follow-ups.

Q: 7. What are my chances of success with a Special Application?

Success depends on: The merits of your case The quality of your motivation and documentation Whether similar precedents exist Any legal or humanitarian grounds Using an experienced immigration advisor significantly improves your chances.

Q: 9. Is a Special Application the same as a Waiver or Appeal?

Not exactly — but they’re related: A waiver requests exemption from a specific requirement (e.g., qualifications or DOL certificate) An appeal is used to challenge a visa rejection or ban A Special Application can include waivers, appeals, or entirely unique requests that don’t fit standard rules

Q: 10. Should I use a lawyer or immigration consultant for a Special Application?

Absolutely. These are complex, high-stakes requests that require: Legal insight Strategic wording A clear presentation of exceptional circumstances Professional assistance greatly increases your chances of approval and speeds up resolution.

Immigration Waivers: How to Request an Exemption from Prescribed Visa Requirements

In some cases, visa applicants may not meet specific criteria outlined in the Immigration Regulations. When this happens, an applicant can submit a waiver request to seek exemption from these requirements. This waiver is formally addressed to the Minister of the Department of Home Affairs (DHA) under section 31(2)(c) of the Immigration Act, 2002 (Act No. 13 of 2002), as amended.

Immigration Waivers

A waiver allows the Minister of Home Affairs to waive certain prescribed requirements in the Immigration Regulations, enabling applicants to apply for a particular visa category even if they do not fully meet all conditions. Both companies and individuals can submit a waiver application, provided they demonstrate good cause for the exemption.

Key Points About Immigration Waivers:

Waivers are submitted in terms of section 31(2)(c) of the Immigration Act.
They request exemption from specific visa requirements.
Applicable to both individual and corporate applicants.
Approval is granted at the discretion of the Minister of Home Affairs.
Demonstrating good cause is essential for consideration.

If you or your organisation face challenges meeting immigration requirements, submitting a waiver request can provide a path to obtaining the desired visa category.

MORE INFORMATION

PREPARE TO RENEW YOUR SOUTH AFRICAN VISA

Applicants may require a waiver in various situations where they do not fully meet the Immigration Regulations. Typical examples include:

Points-Based System Shortfall: Since the introduction of the points-based system for General Work and Critical Skills Work Visas, some applicants may fall short of the required 100 points needed to qualify for a work visa.
SAQA Evaluation Challenges: Applicants who cannot provide an evaluation from the South African Qualifications Authority (SAQA) for their foreign qualifications, or whose evaluations do not meet the necessary National Qualifications Framework (NQF) level.
Inability to Travel Abroad: Applicants unable to travel to their country of origin or country of long-term residence to submit their application due to exceptional circumstances such as war, conflict, or civil unrest.
Lack of Police Clearance Certificate: Applicants who cannot obtain or produce a valid Police Clearance Certificate from a specific country abroad due to diplomatic concerns.
Business Visa Capital Requirements: Business visa applications that do not meet the prescribed capital investment amount of R5 million but have received a favorable recommendation from the Department of Trade and Industry (DTI).

HOW DOES ONE APPLY?

The waiver application must include a comprehensive motivational letter written by the employer or sponsoring party. This letter should clearly explain the specific circumstances and reasons why the Minister of Home Affairs should consider granting the waiver and approve the visa application despite unmet requirements.

Additionally, depending on the visa category and the particular requirements being waived, relevant supporting documentation must be submitted alongside the waiver request. Providing thorough and accurate documentation increases the likelihood of a favorable decision by the Minister.

WHY US?

Xpatweb provides a tailored, comprehensive immigration service specifically for both corporate clients and individual professionals. From identifying the most suitable visa category to compiling a fully compliant application, we ensure your immigration process is handled efficiently and submitted on time.

Our diverse and highly skilled team brings extensive industry expertise, uniquely positioning us to deliver customised immigration solutions that meet your specific needs. We are dedicated to providing a positive, seamless experience throughout every stage of the immigration journey.

By applying a multi-disciplinary approach, we employ the most effective strategies to navigate the complexities of immigration law and regulations. You can trust Xpatweb to expertly guide you through the entire process, ensuring a smooth and successful outcome.

Our Services Include:

Initial assessment to determine eligibility for visa applications or waiver requests.
Detailed advice on the feasibility of submitting an immigration waiver.
End-to-end support from visa category selection to application submission.
Personalised strategies tailored to your unique circumstances.

Frequently asked Questions (FAQ)

1. What is a Special Application in South African immigration law?

A Special Application refers to an exceptional request submitted to the Department of Home Affairs when a foreign national’s situation does not fall within standard visa categories or processes. These are considered on a case-by-case basis and require a strong motivational letter and supporting documentation.

2. What types of situations qualify for a Special Application?

Examples include:

Applying for a change of visa status from within South Africa (e.g., from visitor to work visa, which is normally not allowed)
Waivers of certain visa requirements (like qualifications or police clearance)
Appeals to overcome visa rejections or bans
Humanitarian or compassionate grounds (e.g., illness, children’s schooling, family separation)
Late visa renewals or expired permits due to valid reasons

3. Can I apply for a new visa inside South Africa with a Special Application?

Yes — but only under exceptional circumstances. For example, if you entered South Africa on a visitor visa but now have a job offer or family emergency, you can request special permission to apply for a different visa without leaving the country.

4. What documents are needed for a Special Application?

The core of the application is a well-drafted motivational letter, supported by:

Personal and/or legal circumstances
Proof of hardship or valid exception
Supporting documents (e.g., medical reports, job offers, affidavits, academic records)
Passport copies and previous visas
Any documents relevant to your specific situation

5. Who decides if a Special Application is approved?

The application is reviewed by senior officials within the Department of Home Affairs, usually at the Head Office in Pretoria. There is no formal application form — it is submitted via letter and supporting documents.

6. How long does a Special Application take to process?

There’s no official timeframe, but most cases take between 6 to 12 weeks or longer. Processing is highly variable depending on complexity, DHA backlogs, and follow-ups.

7. What are my chances of success with a Special Application?

Success depends on:

The merits of your case
The quality of your motivation and documentation
Whether similar precedents exist
Any legal or humanitarian grounds

Using an experienced immigration advisor significantly improves your chances.

8. Can I stay in South Africa legally while waiting for the outcome?

In most cases, yes — especially if the DHA acknowledges receipt of your Special Application or if you’ve applied before your visa expired. However, you must have proof and should avoid working or studying unless authorised.

9. Is a Special Application the same as a Waiver or Appeal?

Not exactly — but they’re related:

A waiver requests exemption from a specific requirement (e.g., qualifications or DOL certificate)
An appeal is used to challenge a visa rejection or ban
A Special Application can include waivers, appeals, or entirely unique requests that don’t fit standard rules

10. Should I use a lawyer or immigration consultant for a Special Application?

Absolutely. These are complex, high-stakes requests that require:

Legal insight
Strategic wording
A clear presentation of exceptional circumstances

Professional assistance greatly increases your chances of approval and speeds up resolution.

CONTACT US

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Please select the visa category you require assistance with:(Required)

How old is the child?(Required)

Does the child's parent/ guardian have valid status within South Africa?(Required)

What is your marital status?(Required)

What is the status of your spouse?(Required)

What is the number of foreign nationals you are looking to employ?(Required)

CS - Do you currently have a formal offer of employment from a registered South African company?(Required)

CS - What is your highest level of Education?(Required)

CS - What is your expected annual income for the position you have been offered?(Required)

CS - How many years of work experience do you have?(Required)

CS - Is your prospective employer a member of the Trusted Employer Scheme?(Required)

* Trusted Employers who have received this status form the DHA often meet the following criteria: - Have invested more than R100 million into the South African Economy - Employ more than 150 staff

CS - In which country did you complete your highest qualification(Required)

CS - What position have you been offered(Required)

CS - Do you have accompanying family members?(Required)

GWV - What is your highest level of education?(Required)

GWV - In order to qualify for a General Work Visa, you must have an offer of employment from a South African employer. What is your expected annual income for the position you have been offered?(Required)

GWV - How many years of work experience do you have?(Required)

GWV - Is your prospective employer a member of the Trusted Employer Scheme?(Required)

* Trusted Employers who have received this status form the DHA often meet the following criteria: - Have invested more than R100 million into the South African Economy - Employ more than 150 staff

GWV - Are you proficient in one of South Africa's 11 official languages?(Required)

ICT - Are you being sent on a secondment or assignment to South Africa?(Required)

ICT - Have you been employed in your current position for longer than 6 months?(Required)

ICT - What is the expected duration of your secondment/ assignment?(Required)

RV - What is your relationship to a South African citizen/ Permanent Resident?(Required)

RV - What is the expiry date of your current visa(Required)

RV - Are you currently residing in South Africa?(Required)

RV - Do you have an offer of employment from a South African employer?(Required)

RWV - Are you currently employed by a foreign entity outside of South Africa?(Required)

RWV - Do you earn an annual salary exceeding R650,000? (UDS $37,000 / EUR 33,000)(Required)

RPV - Do you have a monthly irrevocable income of at least R37,000?(Required)

RPV - Do you have a net worth of at least R1.8 million?(Required)

RPV - Do you intend on working part time or conducting business while in South Africa?(Required)

RPV - Do you have accompanying family members?(Required)

STWA - What is the duration of your assignment in South Africa?(Required)

STWA - Does your current employer support your work in South Africa?(Required)

SV - Do you have an enrollment letter from a recognized learning institution?(Required)

SV - What level of education will you be completing in South Africa?(Required)

VV - What is your intention in South Africa?(Required)

VV - What is you intended duration of stay in South Africa?(Required)

RNW - What visa do you currently hold?(Required)

Please specify other(Required)

What is the expiry date of your current visa(Required)

What is the expiry date of your current Critical Skills Work Visa?(Required)

What is the expiry date of your current Intra Company Transfer Work Visa?(Required)

PR - What Visa do you currently hold for South Africa?(Required)

PR - Have you received a permanent offer of employment?(Required)

PR - Do you have accompanying family members?(Required)

PR_CS - What is the expiry date of your current Critical Skills Work Visa?(Required)

PR_CS - Do you have accompanying family members?(Required)

PR_GWV - What is the expiry date of your current General Work Visa?(Required)

PR_GWV - How long have you resided in South Africa?(Required)

PR_GWV - Do you have accompanying family members?(Required)

PR_ICT - How long have you resided in South Africa?(Required)

PR_ICT - Have you been offered Permanent employment by a South African employer?(Required)

PR_RV - What is your relationship to a South African citizen/ Permanent Resident?(Required)

PR_RV - How long have you resided in South Africa?(Required)

PR_RV - Have you maintained your relationship with your South African partner/ South African PR holder?(Required)

PR_RV - How long have you resided in South Africa?(Required)

PR_RPV - Do you receive an irrevocable income of at least R37,000 per month (Rental income, dividends, interest, pension, ect )(Required)

PR_RPV - Do you have a net worth of at least ZAR 1,8 million(Required)

PR_VV11(6) - What is your relationship to a South African citizen/ Permanent Resident?(Required)

PR_VV11(6) - How long have you resided in South Africa?(Required)

PR_VV11(6) - Have you maintained your relationship with your South African partner/ South African PR holder?(Required)

PR_VV11(6) - How long have you resided in South Africa?(Required)

RV - What is the duration of your relationship?(Required)

PR_VV11(6) - What is the duration of your relationship?(Required)

Do you have an offer of employment from a South African employer?(Required)

RPV - Do you have a monthly irrevocable income of at least R37,000?(Required)

RPV - Do you have a net worth of at least R2.4 million?(Required)

RPV - Do you intend on working part time or conducting business while in South Africa?(Required)

RPV - Do you have accompanying family members?(Required)

Are you being sent on a secondment or assignment to South Africa?(Required)

PR - Do you have direct family members that are South African Citizens or Permanent Residence holders?(Required)

BV - Do you intend to establish or invest in a business in South Africa?(Required)

What type of business do you intend to operate or invest in?(Required)

BV - Are you able to invest a minimum of R5 million into the South African economy?(Required)

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GWV - Total Points(Required)

Country(Required)

Important Notice: Applications are accepted only from the countries listed below.

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