BIC will be able to assist you with your application for permanent residence. The period after which a person might qualify for permanent residence in SA varies from category to category. BIC will be able to assess your circumstances and advise you accordingly. The following categories can lead to permanent SA residence:

Work Permit, Spouse of a SA Citizen or Resident, Child of a SA Citizen or Resident - younger or older than 21, Continuous employment status in South Africa for a minimum of 5 years or more, Extraordinary Skills, Applications to establish a business in SA or invest in an existing business, Retired Person Permit and a Proof of First Step of Kinship to a SA Citizen or Resident.

Please do not hesitate to contact us for further information.

There are numerous permits to be considered by potential longer term visitors to South Africa. BIC's solicitors and qualified SA lawyers will advise you on the most suitable permit for you, in line with the latest regulations of The South African Department of Home Affairs, giving you the greatest chance of a successful application.

The following is a very brief discussion of options available. Please do not hesitate to contact us for further information.

• Diplomatic Permit
• Study Permit
• Treaty Permit
• Business Permit
• Work Permit
• Retired Persons Permit
• Corporate Permit
• Exchange Permit

Diplomatic Permit

This permit is available to persons with diplomatic status. Family members can apply for work permits.

Study Permit

This permit is available to those who wish to study in South Africa. An applicant will be able to take up part time employment not exceeding 20 hours per week during term time and may take up full time employment within the holiday period of studies, if enrolled for higher education. If an applicant needs to undertake practical training, which will form part of his studies, permission should be obtained from the SA Department of Home Affairs. Apart from various other general requirements, an applicant will have to provide a letter from the relevant academic institution to confirm the course to be taken, period of studies and that fees have been paid. Medical provision for minor children must also be confirmed.

Treaty Permit

A treaty permit can be obtained if the applicant is a citizen of a country with which SA has a treaty program. The applicant will inter alia be required to provide a letter from the country with whom SA has international agreement to confirm the details of the treaty program, confirmation that the applicant will form part of this program, description of the applicant's activities whilst in SA, expected period of residence in SA and confirmation as to whether the applicant will be expected to be employed or not.

Business Permit

A person can apply for a business permit if they can invest a minimum amount of R2 500 000, but can apply through the SA Department of Trade and Industry to qualify for a lesser investment amount provided that the proposed company falls within specific sectors of the South African economy. Employment creation and tax compliance is of utmost importance. Categories available split into applicants who wish to establish a new company in SA and those who wish to invest in an established company in SA.

Work Permit

Various general requirements apply under this category. Please contact us for more information. Applications for this permit split into the following categories: Quota Work Permit, General Work Permit, Exceptional Skills Work Permit, Intra Company Transfer and Corporate Worker Permits.

Retired Persons Permit

Under this category an applicant can qualify if they have R20 000 per month pension income or a net worth of R12 000. Should the applicant wish to become employed, proof must be furnished that no SA citizen is capable to fill the position. Seasonal residence in SA will be allowed.

Corporate Permit

This permit is given to an employer. Apart from other general requirements to qualify for this permit, the employer must inter alia undertake to pay 2% of the employee's salary to the SA department of Home Affairs.

Exchange Permit

Exchange permits can be arranged for studies, cultural, economical & social issues, as well as for work purposes.

BIC is able to assist you with an extension of your visa. In cases where the visa has already been granted for the maximum period allowed (such as the volunteer or research visas that can only be granted for a maximum period of three years) an extension may not be possible. However in all circumstances BIC will be able to assess your case on its individual merits and be able to advise you on the best available options.

It is important to keep in mind that an application must be submitted thirty days before expiry of your current visa in order to allow the administrative work to be completed. BIC will provide you with a complete list of the documents required, and finalise the extension process as fast as possible to enable your extended stay in South Africa.

A research visa will be granted for a maximum of three years. In addition to more general documentation applicants must be able to provide a letter from academic institution that describes the period and nature of the research and proof of funds available for expenses during the whole period of research in SA.

This visa can be applied for if you wish to do charity or volunteer work in South Africa. The visa will be granted for a maximum of three years. In general you will need to provide a letter from a SA institution to confirm the period of service, details of services to be provided and confirmation that you will not receive any income for your services.

You can apply for this visa if you wish to take a sabbatical study course in SA. In general you will need a letter from an academic institution abroad to confirm your studies in SA, as well as a letter from an academic institution in SA to confirm your studies.

There are several separate categories of visitor visas.

It is possible to apply for multiple-entry visitor visas to the UK, allowing regular visitors to the UK to avoid the administrative hassle of applying for a visa on each occasion.

Visitor visas can be issued for periods of 6 months, 1, 2, 5 or 10 years, but in all cases the visitor may not stay for longer than six months at any one time. The available categories are:

General Visitor

This category is for people seeking entry for up to 6 months with no intention to work or study. There are some permissible activities allowed for general visitors.

You can apply for the visa for up to 12 months, if you are accompanying an academic visitor.

Child Visitor

A child visitor, under the age of 18, can visit the UK for up to 6 months, or up to 12 months if they are accompanying an academic visitor.

Student Visitor

If you want to come to the UK in order to study, you can apply to do so as a student visitor. The visa will however not be granted for periods longer than 6 months. You will not be allowed to work during the duration of the visa.

Business Visitors

This category allows visitors to come to the UK to carry out certain permissible business activities including; attending meetings, arranging deals or negotiating or signing trade agreements or contracts, undertake fact finding missions, conducting site visits etc.

Special Visitor Covers

This category includes the following; persons seeking private medical treatment, persons entering the UK to marry/enter into civil partnership, parent of a child at school, visitors in transit, prospective students and prospective entrepreneurs.

Sports Visitors

This category allows for professional or amateur sportspersons to visit for a maximum of 6 months. This visa can also be used for the participation in sporting events, tournaments or series of events or one off charity events. This category also allows sportspersons to make personal or promotional appearances in the UK.

Entertainer Visitors

This category allows professionals to enter the UK to enter a music competition or amateur/professionals to participate in approved cultural events. Also to fulfil engagements as an amateur, or for broadcasts and public appearances for which they are not being paid. The entertainer visitor may not charge the public.

Your Visa has been refused, what now?

It is essential that every visa application is planned and checked thoroughly by a person with the necessary expertise and experience in the field of immigration, as a seemingly irrelevant or incorrect detail or omission on a visa application can lead to a visa being turned down. Visa applicants should therefore take the utmost care to ensure they are making use of reputable immigration firms or consultants, in order to prevent the frustration of a visa being turned down, not to mention the time and expense involved in re-applying or filing an appeal.

In the case that your initial application is refused, although there are risks and costs involved, in most cases an appeal or review of the decision is possible and in many cases a successful result can be obtained.

If you have recently had your visa application denied or turned down it is possible to lodge an appeal if you have been;

• Refused a visa to come to the UK
• Refused entry to the United Kingdom
• Refused an extension of stay
• Received a notice of deportation or
• Received a notice of removal.

What to do first

You will need to contact one of our OISC consultants as soon as possible as there are time constraints on visa appeals processes. You will then be further advised on the appeals procedure as well as the various grounds of appeal and which best suit your particular situation.

Once you have been refused leave to enter or remain in the UK the decision-maker (whether an entry clearance officer, immigration officer or the Secretary of State) will give you a written Notice. This will include a statement of the reasons for the decision. If you are to be removed from the UK the Notice will also states the country to which you are to be removed and should be r include the following:

• A statement advising you of your rights to appeal and the Statutory Provision upon which this right is based
• The time limit for bringing your appeal
• The address to which the appeal needs to be sent
• A fax number for service by fax
• Whether there is an exception or limitation to your right of appeal
• Whether further information is required under s. 120.

We will be able to advise you on whether any of the above affects you. You will also need to decide whether you wish your appeal to be decided at an oral or written hearing – we will advise as to the best option for your case at this time. Once we have assisted you in completing your appeal forms they will be sent either to the Immigration and Asylum Chamber (AIC) or in some cases if you are outside the UK to the British High Commission or Embassy in your country of application. The AIC is an independent tribunal and therefore it is not affiliated with the Home Office in any way.

If you are within the UK your appeal should be filed with the AIC within 5 working days of receiving the Notice of Decision if you are in detention and within 10 working days if you are not. If you are outside of the UK your appeal must be received by the AIC or British High Commission or Embassy within 28 days (including holidays and non-business days) from when you received the Notice of Decision. Due to these time constraints it is strongly advised that you contact one of our experts as soon as possible due to their experience in dealing with these deadlines.

Your Notice of Appeal is lodged. What happens now?

Once we have filed your appeal forms and supporting documents the Entry Clearance Officer who decided your case will review the original decision. If the review maintains the original decision, for non-settlement cases, the Entry Clearance Officer will prepare a bundle of documents for use at the appeal hearing. This is known as the Respondent's Bundle and should contain copies of all the documents lodged in support of the initial application including the application form, the refusal decision and the Notice of Appeal. It is important to note that out of country appeals can take time to reach the Courts in the UK. Currently it can be approximately 6 months from the date when the appeal is lodged to the appeal hearing date. For in-country appeals the appeal hearing is usually between 6 to 8 weeks from the date the appeal is lodged. .

Will I need to go to court?

Should you opt for an oral hearing you will receive a copy of the Appeal Bundle of the Entry Clearance Office or AIC documentation in advance of the hearing date. BIC will prepare all the necessary documentation for your hearing even if you are not within the UK during this period. We will attend the hearing on your behalf ensuring the best representation for you and continuing the appeal process despite your absence.

If you are within the UK you will need to attend the hearing as a main witness. Should you have a sponsor they may also attend the hearing as a witness. If you are attending the hearing do allow for the whole day as appeals are not heard in a specific order.

What happens after the appeal that has come and gone?

On occasion the Immigration Judge may give his decision at the end of the hearing but usually decisions are reserved and can take two to three weeks to be received in writing. All appeal decisions are given in writing and are effective from date of written determination. Where there has been no oral hearing the Judge's determination will also be received in writing.

In the event that your appeal is not successful we are also able to assist you with a further review of the decision. Do bear in mind that in the event that your appeal was allowed the Home Office also has the right of appeal. Should they choose to exercise this right BIC will be able to further advise you on the best course of action in your particular situation.

This temporary visa is available to applicants who want to come to the UK to work or perform as sportspeople, entertainers or creative artists for up to 12 months.

How to qualify

In order to qualify you must have a sponsor and a valid certificate of sponsorship.

If you are a sportsperson you must be established at the highest level in your sport and/or your employment must make a significant contribution to the development and running of sport at the highest level in the UK. Sports coaches must be suitably qualified to do the job. The sponsor must have an endorsement from the relevant governing body of sport, which confirms that the applicant meets the governing body's requirements. The governing body must also be recognised by the UK Border Agency.

Spouses and dependants

You can apply for your spouse, civil partner, unmarried partner and dependant children to join you in the UK.

The dependants will be granted the same period of leave as the main applicant and will be able to work without restriction in the UK.

Length of stay and right to work

For a sportsperson the visa can be granted for a maximum of 12 months. If the visa is granted for a shorter period you can apply for an extension up to a maximum of 12 months.

For a creative worker the visa can be granted for a maximum of 12 months. If the visa is granted for a shorter period, you can apply for an extension to stay up to 12 months at a time, up to a maximum of 24 months though the job must continue with your last sponsor.

Permanent Residence

As it is a temporary visa it does not lead to permanent residence in the UK.

This new immigration route was created for applicants who are internationally recognised as world leaders, or potential world leading talent, in the fields of science or the arts and who wish to live and work in the UK.

How to qualify

In order to qualify under this route, the applicant must be internationally recognised in their field as a world leading talent and be endorsed as such by a specified competent body.

There is a limit for applications received from outside the UK for this permit of 1,000 permits for the period of 6 April 2011 to 5 April 2012. This is divided as follows;

• 700 endorsements are available to be allocated for the purpose of endorsing applicants with exceptional talent in the field of science.
• 300 endorsements are available to be allocated for the purpose of endorsing applicants with exceptional talent in the field of the arts.

Spouses and dependants

A Tier 1 Exceptional Talent holder can apply for their spouse, civil partner, unmarried partner and dependant children to join them in the UK.

The dependants will be granted the same period of leave as the main applicant and will be able to work without restriction in the UK.

Length of stay and right to work

The visa is initially granted for a period of three years and four months, after which the applicant can apply for an extension of the permit for another two years. The extension is subject to the applicant meeting the extension criteria, which includes the endorsement of the competent body as well as an English language requirement.

The holder of the permit can work without restriction but cannot take up employment as a doctor or dentist in training or as a professional sportsperson or sports coach.

Permanent Residence in the UK

At the end of successful completion of a five-year period on the permit, the holder can qualify to apply for permanent residence or Indefinite Leave to Remain, subject to certain requirements.