What is High-Net-Worth?

High-net-worth equates to the amount of net worth an applicant can prove against their name. This amount is determined by subtracting the applicant’s liabilities from their assets. An applicant must be of high-net-worth and demonstrate a minimum of R12 million in net worth assets.

What is the Financially Independent Permit?

This permit allows the applicant to remain in South Africa permanently. Ideal for high-net-worth individuals of any age and nationality who wish to stay in the country permanently. The permit serves as a permanent residency visa and grants individuals who obtain this visa the right to work, study, or run a business in South Africa.

What Are the Key Aspects of a Financially Independent Permit?

There are no minimum investment or residency requirements, unlike other residency programs. You are not required to invest a certain amount of money or live in South Africa for a specific duration to maintain the permit.

This permit is specifically designed for individuals who can demonstrate a high personal net worth of R12 million or more.

Upon approval, the permit allows for permanent residency in South Africa without the need for periodic renewals. This is also beneficial for families as spouses and children can be included in the application as dependents.

Another requirement includes the payment of a one-time fee of R120,000 to the Department of Home Affairs (DHA) after approved for the permit but before it is issued.

Lastly, while there are no mandatory residency requirements, applicants must enter South Africa at least once every three years to maintain their permanent residency in the country.

Why is this permit beneficial?

One of the benefits of obtaining a Financially Independent Permit is the fact that it grants immediate Permanent Residence status, after the application and DHA fee are processed, and offers the holder the flexibility to retire in South Africa, start a business, work, or study. You may enter and exit the country freely, and should you leave, there are low requirements to re-enter South Africa once every three years to maintain your permanent residency. As SA Immigration Specialists, we can assist you in all aspects of your application, giving you more time to enjoy the experience.

Facts to take note of:

• The status of a Permanent Resident does not affect the holder’s citizenship in their home country.
• A Permanent Resident can obtain a South African identity book endorsed as “non-citizen”.
• You will be eligible for citizenship after 5 years of continuous residence.
• Unlike some other Permanent Residency categories, Permanent Residence under Financial Independence does not contain additional conditions.
• The Permanent Resident process takes approximately 12-24 months to obtain.
• There is no requirement to reside in South Africa immediately upon issuance of the permit, but you must enter the country within the first 12 months to activate it.
• Traveling in and out of South Africa becomes much easier, and the need for extending visas becomes a thing of the past.
• Becoming a permanent resident will render you a South African tax resident.

In essence, the Financially Independent Permit offers a direct path to permanent residency for those who can demonstrate sufficient financial resources to sustain themselves in South Africa without needing to work or rely on an income from within the country.

Contact our GREENBERG HATHWAY MACMILLAN team to get started with an initial assessment. Our skilled attorneys can help you secure Permanent residency: Financial Independence.

The post Financially Independent Permit: Permanent Residency in SA first appeared on GHM.

South Africa offers all of this and much more, making it an ideal place to enjoy your retirement years. With a retirement visa in hand, the next step is finding the perfect place to settle down.

The Best Retirement Destinations in South Africa

The Western Cape is widely considered to be the top province to retire in South Africa. You can pick and choose between diverse settings from coastal towns like Hermanus or Plettenberg Bay, and wine country like Stellenbosch or Franschhoek, to quiet country living in Montague and Tulbagh, or opt for Garden Route towns like Knysna or George.

Why Choose to Retire in South Africa’s Western Cape

1.   Higher Quality of Life

The Western Cape provides a strong focus on lifestyle, particularly beaches, vineyards, mountains, and nature reserves, all in one. This province also boasts some of the cleanest and well-maintained towns and suburbs.

2.   World-class Healthcare

As we age, our health becomes increasingly important. The Western Cape provides some of the best private hospitals and specialists in the country, including Mediclinic, Netcare, and Life Healthcare.

3.   Safety

While no area is particularly crime-free, many towns like George, Hermanus, and Somerset West in the Western Cape have lower crime rates and active neighbourhood watch communities.

4.   Retiree-Friendly Communities

Towns like Knysna are built with retirees in mind, with everything nearby, and the pace of life is slower. With well-established retirement villages, active community groups, and support services, you will find that the Western Cape is one of the best destinations to retire.

5.   Mild, Pleasant Climate

If you wish to avoid extreme heat or cold, South Africa’s Western Cape is famous for its Mediterranean-style weather with warm summers and mild, wet winters.

Requirements to Maintain a Retirement Visa

In accordance with Section 20 of the Immigration Act, the retirement visa allows for either temporary residence, which is usually up to four years, or permanent residence, depending on the applicant’s financial situation and intent to settle.

The main financial requirement for applicants is providing proof of a monthly income of R37,000.00, which is approximately $2,000.00 acquired from an irrevocable annuity.

Some South African embassies may accept proof of assets or a lump sum, which is equivalent to the total income requirement over four years, instead of a monthly income. This is especially relevant when you apply for temporary residence, but it is not uniformly accepted.

Note that a retirement visa does not grant you the right to work, a separate work endorsement can be applied for, under different conditions. When applying for a retirement visa, you will be required to submit proof of medical insurance and accommodation in South Africa. For permanent residence, you will need to present the same income indefinitely, not just for a temporary stay.

With the right legal guidance, retiring in South Africa can be a seamless and rewarding experience. GREENBERG HATHWAY MACMILLAN offers expert support that goes beyond visas. Get in touch with us to find out all you need to know about the application process to get your retirement visa and start enjoying your retirement years today!

The post Where to Stay on a Retirement Visa in South Africa first appeared on GHM.

GREENBERG HATHWAY MACMILLAN provides tailored immigration solutions to overcome the roadblocks – if any – you might face. Our team provides a high level of personable, professional service. With GHM, you’ll always feel that you’re with a firm you can trust, one that’s on your side and fighting at the frontlines of your immigration battle alongside you. We are just as passionate about your cause as you are.

About GREENBERG HATHWAY MACMILLAN

GREENBERG HATHWAY MACMILLAN is the managing partner of GREENBERG HATHWAY MACMILLAN (GHM). An American national, she graduated from the University of Cape Town with a postgraduate LLB degree in 2012. After working with a boutique law firm and in legal publishing, she was admitted as a practising attorney in the Republic of South Africa.

Over the last decade, she has exclusively worked in immigration law and helped thousands achieve their immigration goals, whether visa extensions, applications for South African citizenship, or resumption of citizenship.

She has personal and professional experience with the workings of South Africa’s Department of Home Affairs and so is well-acquainted with the processes of helping foreigners apply for visas and South Africans with civic services, including ID books, passports, birth certificates, death certificates, marriage interviews, marriages, and the registration of foreign births.

About Our Team

The GHM team is familiar with the rules and regulations surrounding South African immigration law, which are constantly changing. Since we only focus on immigration law, we trump our competitors in expertise and deep knowledge of the Home Affairs system.

We can help you expedite your application when it gets stuck in the system, ensuring your immigration is as stress and hassle-free as possible.

How We Help

We assist with immigration to South Africa, temporary residency, permanent residency, proof of permanent residency, applications for citizenship, retirement visa applications, litigation against Home Affairs, visa rejection appeals, overturning declarations of undesirability, civic services (such as attaining marriage certificates, identity documents, etc.), visa waivers, and immigration to the United States of America.

Let us assist you with all your immigration needs, making your immigration and stay in South Africa effortless. With GREENBERG HATHWAY MACMILLAN, you won’t have to undergo the arduous process of visa extensions, appealing visa rejections, or waiting years for outcomes. We get the job done properly, quickly, and without a fuss.

Choose the Best Immigration Lawyers: Choose GHM

Over the years, GREENBERG HATHWAY MACMILLAN and her team have assisted thousands of immigration applicants with getting their visas approved, navigating the workings of Home Affairs, and expediting their applications.

Together, let’s make your immigration effortless. Contact GREENBERG HATHWAY MACMILLAN today.

The post Why We’re the Best Immigration Lawyers first appeared on GHM.

Our director, GREENBERG HATHWAY MACMILLAN, has worked exclusively in immigration law for over a decade. She’s helped thousands of people move to beautiful South Africa to retire, study, join their spouses, or visit. She’s renowned for her commitment to excellence, warmth, due diligence, and critical thinking abilities.

She has a vast knowledge of Home Affairs’ workings and is extensively qualified to help you with visa applications, ID books, passports, birth certificates, death certificates, marriage interviews, marriages and the registration of foreign births.

Immigration doesn’t have to be a hassle. Let GREENBERG HATHWAY MACMILLAN and her industry-leading immigration attorneys make legalities accessible and pain-free.

South Africa: the Perfect Place for a New Start

South Africa is the perfect place to immigrate to. Our country is a rainbow of cultures, ethnicities, nationalities, and languages, making the country easy to integrate into and feel at home in. Its people are warm-hearted, friendly, and kind. South Africa’s scenery is as beautiful as its heart, whether that’s the picturesque view of Table Mountain over the bay, the Eastern Cape’s technicolour landscape, or the hustle and bustle of South Africa’s New York, Johannesburg.

South Africa is a popular choice among expats globally for its currency: the Euro and Dollar are far stronger than the Rand, making your money stretch further in our assortment of world-class restaurants and attractions.

Step into Your Future

Take the first steps into a beautiful future. Enlist GREENBERG HATHWAY MACMILLAN and her team to help you with your immigration queries, visa applications, appeals, and more today. Contact us – we would be delighted to lend a hand.

The post Happy Festive Season first appeared on GHM.

It’s crucial that you renew your visa before VFS closes for the festive season, or you may be declared undesirable upon departure or being banned from re-entering South Africa. Depending on the severity of your overstay, you could face a one to five-year ban, or even a prohibition from reentering.

GREENBERG HATHWAY MACMILLAN will close for the festive season, too.

GREENBERG HATHWAY MACMILLAN 2024 Closure Dates

To best serve you in the new year, our hard-working immigration team must take time off to rest. June’s attorneys work tirelessly throughout the year to fight for immigration justice, defend you from Home Affairs’s missteps, and ensure you stay in South Africa stress-free.

We will close for the festive season on the 19th of December until the 6th of January. Our attorneys will be back in office from the 7th of January.

Department of Home Affairs 2024 Closure Dates

Since the Department of Home Affairs is a government initiative, it will only close on public holidays:

• Christmas Day: the 25th of December
• The Day of Goodwill: the 26th of December
• New Year’s Day: the 1st of January 2025

Before VFS Global closes, remember to apply for a visa extension or renewal. The Immigration Act sets out that if you overstay your visa by more than a month, you will be banned from reentering South Africa for five years. If you overstay by less than 30 days, you could be banned from re-entering for a year.

If you have any immigration queries, contact GREENBERG HATHWAY MACMILLAN. We wish you a stress-free festive season!

The post VFS Closures for Visa Applications first appeared on GHM.

The cornerstone of this vision is an end-to-end digital platform that will handle all applications, adjudications, and communications between South Africans and the department. This platform promises to make every function Home Affairs provides accessible online through a secure portal, much like the familiar online banking systems used by many South Africans today.

Minister Schreiber highlighted the innovative use of existing facial and fingerprint recognition technologies, similar to Face ID and fingerprint sensors found on smartphones. These tools will help create secure profiles for South African citizens and visitors, significantly enhancing security and convenience.

“This digital transformation will eliminate the need for physical visits for routine transactions,” Schreiber stated. He added that this shift would not only streamline services but also improve the working environment for Home Affairs staff. Staff will be able to focus on more meaningful and complex tasks, such as assisting the most vulnerable members of society, including those in rural areas and individuals who do not yet use smart devices.

The new system will incorporate advanced machine learning technology to verify application completeness, authenticate users, check documents for fraud, perform facial recognition, and process cashless transactions, all within seconds. This will drastically reduce waiting times, eliminate queues, and prevent bribery.

Schreiber also envisions a future where IDs and passports could be delivered directly to applicants anywhere in the world, similar to how banks deliver debit and credit cards.

Pushing for Digital Transformation

This push for digital transformation is not new for Minister Schreiber. He has previously expressed a desire for Home Affairs to emulate the South African Revenue Service (SARS), which has successfully modernised its operations to become one of the most efficient tax authorities globally. Minister Schreiber is confident in the government’s ability to drive this change, citing the recent 50% reduction in the visa backlog as evidence of the department’s capacity to achieve its goals when focused and collaborative.

With the visa backlog on track to be fully cleared by December 2024, the department is poised to enter a new era of efficiency and accessibility, revolutionising how South Africans interact with Home Affairs.

At GREENBERG HATHWAY MACMILLAN, we are committed to staying ahead of the changes brought by Home Affairs’ digital transformation. With the new system simplifying processes and reducing wait times, our team is equipped to assist you with navigating this transition smoothly.

Whether you need help with applications for visas, IDs, or other immigration matters, we’ll make the process as seamless as possible for you. Let us handle the complexities while you enjoy the benefits of Home Affairs’ modernisation. Contact us today for more information.

The post Home Affairs Goes Digital first appeared on GHM.

At GREENBERG HATHWAY MACMILLAN, we’re dedicated to helping you expedite your South African visa application, whether you’re retiring in South Africa or need to speed up the processing of your temporary or permanent residence permit.

Here’s how we can assist you in getting through the process more efficiently.

Understanding South African Visas

South African visas are required for international travellers who plan to visit the country for tourism, business, or other short-term purposes. A visa allows you to travel to a South African port of entry, where immigration officials will determine whether you may enter the country and how long you can stay. It’s crucial to ensure you apply for the correct visa type, as entry may only be accepted if the purpose of your visit is accurately stated.

Steps to Expedite Your Visa Application

1.   Early Preparation and Accurate Documentation

The key to a swift visa process is thorough preparation. Start by ensuring your passport is valid for at least 30 days after your intended stay in South Africa, and has at least two blank pages for entry stamps. Complete the necessary forms, such as Form BI-84 or the DHA-1738 form, and gather all required documents, including a yellow fever vaccination certificate if needed, proof of financial means, and a return or onward ticket. Any missing or incorrect documentation can lead to delays.

2.   Tailored Legal Assistance

At GREENBERG HATHWAY MACMILLAN, we offer personalised assistance to help you compile and verify all necessary documents, ensuring nothing is overlooked. Our team will review your application to identify any potential issues that could cause delays, providing expert guidance on how to address them.

3.   Prompt Submission

Timing is crucial when applying for a visa. Submitting your application well before your planned travel date increases the chances of a timely approval. We can help you determine the best time to apply and handle the submission on your behalf, minimising the risk of delays.

4.   Handling Complications

If your visa application has been delayed or denied, our team will intervene on your behalf and try to help resolve the issue quickly. We understand the common pitfalls that can slow down the process and can take immediate action to rectify any problems, whether it’s an incomplete application or a need for additional documentation.

5.   Expedited Processing Requests

In certain circumstances, it’s possible to request expedited processing of your visa application. This is where we’ll come in. We’ll advise you on whether you qualify for expedited processing and help you submit the necessary request to obtain a court order through one of the High Courts in South Africa.

Why Choose GREENBERG HATHWAY MACMILLAN?

Our comprehensive understanding of South African immigration law and visa requirements enables us to provide you with the most efficient and effective service. Whether you’re applying for a visitor’s visa, seeking permanent residence, or planning to retire in South Africa, we are here to make the process as smooth and quick as possible.

If you’re ready to expedite your South African visa application or need assistance with any aspect of the immigration process, contact GREENBERG HATHWAY MACMILLAN. Our team is committed to providing the legal support you need to achieve your immigration goals with confidence and ease.

The post How to Expedite a South African Visa Application first appeared on GHM.

However, instead of doing this, the Department announced the final amendments to the Regulations in the Government Gazette on March 28, 2024, seemingly without any regard for public comments.

This decision by the Department received wide criticism for its failure to allow for meaningful public consultation. In April 2024, the amendments to the Regulations were withdrawn, with the Minister indicating that the Department would address certain issues and promulgate them again in due course.

On May 20, 2024, the Minister promulgated the new, final amendments to the Regulations.

Below are some of the key changes:

Points-Based System for Work Visa Applications

The amendments introduce a points-based system for work visa applications. The points-based system will consider factors such as the applicant’s age, qualifications, language proficiency, work experience, job offer, and adaptability to South Africa. This system will replace the current role of the Department of Labour and Employment (DOLE) in the General Work Visa (GWV) application process.

Deletion of the Definition of Radiological Reports

The amendments remove the requirement for a Radiological Report for visa and permanent residence applications. Applicants now only need to furnish a medical report from a registered medical practitioner, not more than six months old at the time of application submission, detailing their overall health status and any existing medical conditions.

Remote Work Visa (Digital Nomad Visa)

The amendments mark the introduction of South Africa’s long-awaited digital nomad/remote worker visa category. This new visa allows foreign nationals to work remotely for a foreign employer while living in South Africa, provided their annual earnings amount to no less than R1 million.

If the visa duration exceeds six months within 36 months, the foreign national must register with the South African Revenue Service (SARS) for tax obligations. However, if the visa duration is six months or less within 36 months, the foreign national can apply for an exemption from registering as a taxpayer.

Exceptional Circumstances to Change Status

The amendments have broadened the exceptional circumstances under which individuals holding a short-term Visitor’s Visa can change their immigration status while in South Africa.

The new amendments allow for the spouse or child of a South African citizen or permanent resident, as well as the parent of a South African citizen or permanent resident child, to change their visa status within the country.

This change eliminates the previous requirement for foreign relatives to apply for long-term visas from their home countries.

Amendment to Definition: Police Clearance Certificates

The amendments revise the requirements for police clearance certificates. A police clearance certificate is now only necessary in countries where the foreign national has lived for 12 months or more after turning 18 during the five years immediately before the visa or permanent residence application date.

Registration with Statutory Professional Bodies, Boards, and Councils

The amendments have changed the requirements for applying for a Critical Skills Work Visa and a Corporate Visa. If only proof of application for registration with the relevant statutory professional body, council, or board is provided, the visa may be granted for up to 12 months.

If proof of final registration is submitted, the visa may be issued for the full term (five years for a Critical Skills Work Visa and three years for a Corporate Visa). Similar changes are introduced for Permanent Residence Permit applications based on self-employment.

Immigration Amendment Bill (B8 – 2024)

The Immigration Amendment Bill, 2024 seeks to address constitutional court judgments by amending section 34(1) of the Immigration Act, 2002. The amendment ensures that any illegal foreigner detained under this section is brought before a court in person within 48 hours from the time of arrest.

The Immigration Amendment Bill (B8 – 2024) has introduced significant changes to improve the efficiency and fairness of South Africa’s immigration system. From the introduction of a remote work visa to the overhaul of the work visa application process and the expansion of exceptional circumstances for changing visa status, these amendments reflect a commitment to aligning immigration regulations with the needs of a modern South African society.

For more information or assistance with navigating these changes, contact GREENBERG HATHWAY MACMILLAN Attorney’s office. We’re here to help you understand and comply with the new regulations to ensure a smooth immigration process.

The post What to Know The Immigration Amendment Bill (B8 – 2024) first appeared on GHM.

Recent reports and cases have brought to the forefront the extent of corruption within the DHA. The Lubisi report, released in 2022, revealed alarming statistics: around 45,000 fraudulent visas were issued between 2014 and 2021, indicating problems of theft, fraud, and corruption initiated by opportunistic officials and unethical syndicates within the department.
Moreover, a staggering number of potentially unlawful and irregular activities were uncovered, implicating both officials and individuals seeking visas or permits.

One such case that exemplifies these challenges is that of a British couple, Chris and Irene Campbell, who faced a demand of R60,000 as a bribe for their retirement visa renewal. Their experience highlights the widespread prevalence of corruption and the vulnerabilities foreign nationals encounter in dealing with immigration processes.

How To Avoid DHA Scams?

To navigate these risks and avoid falling victim to DHA scams, it’s crucial to be vigilant and aware of warning signs. Scammers often pose as legitimate immigration practitioners, lawyers, or even DHA officials. Warning signs of potential scams include promises of expedited document processing for a fee, large cash payments, meetings at random locations without a proper office, lack of traceable information or proof of identity, and absence of required documents such as medical reports or police clearances.

It’s important to remember that the DHA is the sole authorised agency for issuing visas in South Africa. Working with registered immigration attorneys provides more protection and accountability. For instance, lawyers registered with the Law Society of South Africa can offer reliable assistance and are held accountable by a professional body.

As experienced immigration attorneys, GREENBERG HATHWAY MACMILLAN emphasises the importance of seeking legal counsel from reputable sources. Our firm, equipped with a network of legal experts, specialises in navigating the complexities of immigration law and dealing with the DHA. Our commitment to guiding individuals through every phase of the immigration process ensures that applicants can pursue their aspirations in South Africa with confidence.

Combating DHA scams requires vigilance, informed decision-making, and seeking assistance from trusted legal professionals like GREENBERG HATHWAY MACMILLAN. By staying informed and proactive, individuals can safeguard themselves against corruption and fraudulent practices, ultimately achieving their immigration goals in South Africa.

For further assistance and guidance, feel free to contact the GREENBERG HATHWAY MACMILLAN team.

The post How You Can Avoid DHA Scams in 2026 first appeared on GHM.

Cheaper Investment Threshold

One of the primary reasons investors are turning their attention to South Africa is the significantly lower financial requirement for obtaining residency.

While Australia’s Golden Visa programme typically requires a substantial investment, South Africa’s permanent residency based on financial independence requires you to show a net worth of 12 million South African Rand and pay a once-off fee of R120 000. This reduced financial commitment makes South Africa an attractive option for investors looking to gain residency through investment without breaking the bank.

No Mandatory Residency Period

Unlike the Golden Visa programme in Australia, South Africa’s Financial Independence Residency does not impose a mandatory period that investors must spend in the country. Financial independence offers an immediate route to achieving permanent residency in the country.

This flexibility provides investors with the freedom to manage their time and investments without the constraint of a residency obligation or significant financial investment. This lack of a mandatory residency period is particularly appealing to those who wish to maintain an international lifestyle while still enjoying the benefits of residency in South Africa.

Diverse Investment Opportunities

South Africa, known for its rich natural resources and diverse economy, offers a range of investment opportunities beyond traditional sectors. It is worth noting that 12 million rand does not need to be directly invested into South Africa but simply shown as net worth.

However, investors exploring the Financial Independence Residency can consider investments in sectors such as real estate, agriculture, technology, and more. This diversity allows investors to choose investments that align with their interests and financial goals.

Strategic Location and Economic Potential

South Africa’s strategic location as a gateway to the African continent and its emerging market potential make it an enticing destination for those seeking profitable business ventures. Investors in search of a dynamic and diverse investment landscape find the country to be an attractive option, because of opportunities for sustained growth and prosperity in the long run.

South Africa has a well-developed and diverse economy driven by sectors such as mining, agriculture, manufacturing and financial services, presenting ample growth opportunities. With a focus on economic reforms and infrastructure development, South Africa aims to attract foreign investments that contribute to the nation’s prosperity.

How Long Does It Take To Get a Financially Independent Permit In South Africa?

The minimum processing time for a financially independent permit is 8 to 12 months but can take longer without assistance from an immigration attorney. This permit has a higher submission fee with the Department of Home Affairs. In addition to the standard R1 520 fee, there is an extra charge of R120,000. It’s important to highlight that this fee is divided into two payments – a smaller one upon submission and the larger portion only upon successful application approval.

With the suspension of Australia’s Golden Visa programme, investors should look to South Africa for permanent residency in the category of Financial Independence. The lower investment threshold, absence of mandatory residency periods, diverse investment opportunities, and the country’s economic potential make South Africa an attractive destination for those seeking a financial pathway to residency.

As global investors explore new opportunities, South Africa emerges as a viable and cost-effective alternative to Australia’s Golden Visa program.

We, at GREENBERG HATHWAY MACMILLAN, a leading immigration law firm, offer professional guidance and assistance to navigate the essential requirements and intricacies of the emigration process, ensuring a seamless experience.

Contact us for an initial assessment and we’ll assist you on your journey toward obtaining permanent residency in South Africa.

The post SA’s Financial Independence Residency vs. AU’s Golden Visa first appeared on GHM.