(2) The holder of a study visa may conduct certain work as prescribed.

(Section 13 amended by section 15 and 47 of Act 19 of 2004)

(Section 13 substituted by section 9 of Act 13 of 2011)

14. Treaty visa

(1) A treaty visa may be issued to a foreigner conducting activities in the Republic in terms of an
international agreement to which the Republic is a party.

(2) A treaty visa may be issued by –

(a) the Director-General, as prescribed; or

(b) a department or another organ of state responsible for the implementation of the treaty
concerned under a delegation from the Director-General: Provided that-

(Words preceding section 14(2)(b)(i) substituted by section 10 of Act 13 of 2011)

(i) information relating to the failure of such foreigner to comply with the terms and
conditions of the visa and to depart when required is conveyed to the Director-General;

(ii) the organ of state concerned satisfies the Director-General that, under the circumstances,
it has the capacity to perform this function; and

(iii) the visa is issued in accordance with the prescribed requirements, procedures and forms.

(Section 14(2) substituted by section 16 of Act 19 of 2004)

15. Business visa

(1) Subject to subsection (1A), a business visa may be issued by the Director-General to a foreigner
intending to establish or invest in, or who has established or invested in, a business in the Republic in
which he or she may be employed, and an appropriate visa for the duration of the business visa to the
members of such foreigner’s immediate family: Provided that-

(Words preceding section 15(1)(a) substituted by section 11(a) of Act 13 of 2011)

(a) such foreigner invests the prescribed financial or capital contribution in such business;
(b) the contribution referred to in paragraph (a) forms part of the intended book value of such
business; and

(c) such foreigner has undertaken to –

(i) comply with any relevant registration requirement set out in any law administered by the
South African Revenue Service; and

(ii) employ the prescribed percentage or number of citizens or permanent residents within a
period of 12 months from the date of issue of the visa.

(Section 15(1)(c) substituted by section 11(b) of Act 13 of 2011)

(1A) No business visa may be issued or renewed in respect of any business undertaking which is listed as
undesirable by the Minister from time to time in the Gazette, after consultation with the Minister
responsible for trade and industry.

(Section 15(1A) inserted by section 11(c) of Act 13 of 2011)

(2) The holder of a business visa may not conduct work other than work related to the business in respect
of which the visa has been issued.

(3) The Director-General may reduce or waive the financial or capital contribution referred to in subsection
(1)(a) for businesses which are prescribed to be in the national interest, or when so requested by the
Department of Trade and Industry.

(Section 15(3) substituted by section 5 of Act 3 of 2007)

(4) The holder of a business visa shall submit proof to the satisfaction of the Director-General that he or
she has fulfilled the requirements contemplated in subsection (1)(a) within 24 months of the issuance
of the visa, and within every two years thereafter.

(5) A business visa may be issued to a foreigner for more than one entry if multiple entries into the
Republic by that foreigner over a period of time are necessary for that foreigner to conduct the
business in question effectively.

(Section 15 substituted by section 17 of Act 19 of 2004)

16. Crew visa

(1) The Director-General may, as prescribed, issue a crew visa to a foreigner who is a member of the
crew of a conveyance.

(Section 16(1) substituted by section 18 of Act 19 of 2004)

(2) A crew visa may be issued on condition that the holder agrees to refrain from moving beyond a
predetermined area.

(3) The holder of a crew visa may not conduct work.

17. Medical treatment visa

(1) A medical treatment visa may be issued to a foreigner intending to receive medical treatment in the
Republic for longer than three months by –

(a) the Director-General, as prescribed, or

(b) the Director-General through the registrars office or a designated official of an institution where
the foreigner intends to receive treatment, provided that such institution –

(i) has been approved by and is in good standing with the Director-General;

(ii) certifies that it has received guarantees to its satisfaction that such foreigner’s treatment
costs will be paid;

(iii) in the case of a minor, provides the name of a person present in South Africa who is, or
has accepted to act, as such minor’s guardian while in the Republic or certifies that such
minor will be accompanied by a parent or guardian to the Republic;

(iv) undertakes to provide a prescribed periodic certification that such foreigner is under
treatment; and

(v) undertakes to notify the Director-General when such foreigner has completed his or her
treatment.

(Section 17(1) amended by section 47 of Act 19 of 2004)

(2) When so requested by and after consultation with the Department of Health, the Director-General shall
determine an ad hoc fee for the issuance of medical treatment visas in respect of institutions which are
publicly funded or subsidised.

(Section 17(2) substituted by section 19 of Act 19 of 2004)

(3) A medical treatment visa does not entitle the holder to conduct work.

18. Relative’s visa

(1) A relative’s visa may be issued for the prescribed period by the Director-General to a foreigner who is
a member of the immediate family of a citizen or a permanent resident, provided that such citizen or
permanent resident provides the prescribed financial assurance.

(Section 18(1) substituted by section 20 of Act 19 of 2004)

(2) The holder of a relative’s visa may not conduct work.

19. Work visa

(1) …..

(Section 19(1) deleted by section 12(a) of Act 13 of 2011)

(2) A general work visa may be issued by the Director-General to a foreigner not falling within a category
contemplated in subsection (4) and who complies with the prescribed requirements.

(Section 19(2) substituted by section 12(b) of Act 13 of 2011)

(3) …..

(Section 19(3) deleted by section 12(c) of Act 13 of 2011)

(4) Subject to any prescribed requirements, a critical skills work visa may be issued by the Director-
General to an individual possessing such skills or qualifications determined to be critical for the
Republic from time to time by the Minister by notice in the Gazette and to those members of his or her
immediate family determined by the Director- General under the circumstances or as may be
prescribed.

(Section 19(4) substituted by section 12(d) of Act 13 of 2011)

(5) An intra-company transfer work visa may be issued by the Director- General to a foreigner who
complies with the prescribed requirements.

(Section 19(5) amended by section 6 of Act 3 of 2007)

(Section 19(5) substituted by section 12(d) of Act 13 of 2011)

(6) The holder of an intra-company transfer work visa may conduct work only for the employer referred to
in subsection (5) and in accordance with the requirements set out in his or her visa.

(Section 19 substituted by section 21 of Act 19 of 2004)

20. Retired person visa

(1) A retired person visa may be issued for a period exceeding three months to a foreigner who intends to
retire in the Republic, provided that the foreigner provides proof that such foreigner has –

(a) the right to a pension or an irrevocable annuity or retirement account which will give such
foreigner a prescribed minimum payment for the rest of his or her life from the country of his or
her origin; or

(b) a minimum prescribed net worth.
(1A) The spouse and dependent children accompanying the holder of a retired person visa may be issued
with an appropriate visa issued in terms of this Act.

(Section 20(1A) inserted by section 7 of Act 3 of 2007)

(2) The Director-General may authorise the holder of a retired person visa to conduct work under terms
and conditions as the Director-General may deem fit to determine under the circumstances.

(Section 20(2) amended by section 47 of Act 19 of 2004)

(3) A retired person visa may –

(a) allow its holder to sojourn in the Republic on a seasonal or continuous basis; and

(b) not exceed a four-year period, at the expiry of which it may be renewed one or more times,
subject to subsection (1).

21. Corporate visa

(1) Subject to subsection (1A), a corporate visa may be issued by the Director-General to a corporate
applicant, to employ foreigners who may conduct work for such corporate applicant in the Republic.

(Section 21(1) substituted by section 13(a) of Act 13 of 2011)

(1A) No corporate visa may be issued or renewed in respect of any business undertaking which is listed as
undesirable by the Minister from time to time in the Gazette, after consultation with the Minister
responsible for trade and industry.

(Section 21(1A) inserted by section 13(b) of Act 13 of 2011)