Immigration Services
Smiedt & Associates provides the following professional services that are compliant in terms of South African immigration laws and guarantee meticulous oversight by qualified immigration lawyers.
Temporary Residence Visas
Smiedt & Associates is a specialist immigration law firm and caters for a turnkey service offering a full spectrum of South African Immigration services aimed at those foreign persons seeking to relocate to South Africa for temporary residence: as spouses, students, short-term and long-term skilled workers, business investors, medical treatment, family relatives, internships and retirees.
Notes to Temporary Residence Visas
- South African immigration sets out the requirements to qualify for a long-term visa based on the specific category of the application and will allow a foreign person the right to enter South Africa and conduct activities from short visits/leisure, study, work, retirement, relatives, spouse, business, volunteer and other associated activities;
- A major change came in our immigration laws in 2014 that no longer allowed foreign persons to apply within South Africa to change status or condition whilst on a visitor’s visa except in the following circumstances:
- Where a foreign spouse applies to be with a South African spouse;
- Where the foreign person is already in South Africa and the holder of an existing long-term visa;
- Exceptional circumstances set out in the Regulation 9;
- Where the foreign person seeks a medical treatment visa;
- Where a dependent minor applies to be with a South African relative;
- Where the foreign person seeks a medical treatment visa;
- If a waiver has been granted in terms of section 31(2)(c) of the Immigration Act.
- Smiedt & Associates prepares and submits many applications not only in South Africa but also at the various South African Missions abroad i.e. Embassies, High Commissions and Consulate Offices;
- Temporary residence applications submitted abroad are not normally adjudicated in South Africa, which brings certain challenges as such Missions are inclined to misapply the immigration laws and for this reason it is imperative to seek legal advice and quality assurance to avoid possible refusal or non-acceptance of the submission.
Permanent Residence Permits
Smiedt & Associates is also very active in assisting those foreign persons seeking permanent residence: as long-term and continuous work visa holders of five years, spouses of five years, dependent children of citizens or permanent residents, holders of critical skills, those with exceptional skills, business investors, retirement, financially independent applicants and family relatives of South Africans.
Notes to Permanent Residence Permits
Smiedt & Associates will assist its clients to navigate the most certain and efficient options for permanent residence.
The most common disappointment for permanent residence applicants is that the adjudication takes years, and worst of all, the outcome is often a refusal. Our immigration laws do not impose a specific time for permanent residence applications to be finalised.
Smiedt & Associates will finalise matters in eight months, as that is what our courts of law have determined to be a reasonable time to adjudicate permanent residence, even if the application was submitted abroad.
Any holder of permanent residence will grant foreign applicants the right to remain indefinitely in South Africa and perform any work, business, any other activities or simply remain on leisure. There is no longer an obligation to remain on visas.
Permanent residence may be applied for from abroad or, from within South Africa, provided that such applicant holds a recognised temporary residence status when applying from in the country. It is important to obtain formal written confirmation of submission when applying abroad.
Immigration Litigation
Smiedt & Associates has the legal expertise and ability to perform immigration litigation services, which relate to the finalization of pending:
- Visa applications pending in excess of one-month;
- Permanent residence applications pending in excess of eight months;
- Appeals submitted to reverse refusals;
- Lifting bans and undesirable status;
Court applications to review decision to be determined prohibited persons.
Notes to Immigration Litigation
Smiedt & Associates provides an extensive legal immigration litigation service to ensure that if problems are experienced on any pending temporary and permanent residence applications, appeals, undesirable bans or waivers beyond a reasonable time.
Smiedt & Associates offers the following legal immigration litigation services:
- Consultation, advices and preparation of legal immigration appeals to reverse refusals for temporary or permanent residence status;
- Attend on the high court to secure relief for clients and obtain a court order to expedite delayed visa or permanent residence outcomes, outstanding internal appeals or waivers;
- Attend on the high court to lift bans to return to South Africa having been being declared undesirable based on an overstay on departure from South Africa to facilitate a return;
- Attendances on legalisation and good cause applications in order to remain in South Africa without departing to seek a Form 20 and apply within South Africa for a status;
- Attendances at South African Ports of Entry i.e. international airports where the Department has refused entry into the country;
- Attendances on Magistrate’s Court where the Department has sought to prosecute foreign persons for criminal charges under our immigration laws.
