# A few questions on the new rules..



## bigolive (Apr 7, 2014)

We are hoping to move to South Africa within the year, from Canada. We found a lawyer who can help us with the process and he is recommending we push up our timelines and make a special trip to SA in May or June to avoid being subject to the new rules being introduced. We have a few questions that we are hoping someone here may know:

When are the new rules going to be activated? We wouldn't want to waste a trip, some people on the forum are saying they are already in force...
If we go under the new rules, and we have to wait from Canada to get our temporary residence visa, how long does that process take?
We are applying under the 'business permit', with the proceeds of the sale of our house making up about half of the R2.5m capital requirement, but possession is not until July. If we go in May or June, will we need to show the access to the funds right away or is that required later? 
If we require the funds at that time, we could apply to have a reduced capital requirement as our background is in IT/Communications and that would be the business and that is one of the industries where they will consider a lower capital requirement. Does anyone have any experience with the reduced capital requirement application process? What is the rate of success? If we don't succeed in getting the required capital reduced, will we still be able to apply under the normal R2.5m minimum?

Thanks for your help!


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## LegalMan (Dec 26, 2012)

Good morning in sunny South Africa (at least in Cape Town, that is)

Here are the answers to your questions, although your lawyer should know all of this.



> When are the new rules going to be activated? We wouldn't want to waste a trip, some people on the forum are saying they are already in force...


The Department of Home Affairs has extended the date from 1 April 2014 to 1 May 2014 to further consider feedback from the public.



> If we go under the new rules, and we have to wait from Canada to get our temporary residence visa, how long does that process take?


How long is a moose's antler?  In short, it could be weeks or months. Usually months.




> We are applying under the 'business permit', with the proceeds of the sale of our house making up about half of the R2.5m capital requirement, but possession is not until July. If we go in May or June, will we need to show the access to the funds right away or is that required later?
> If we require the funds at that time, we could apply to have a reduced capital requirement as our background is in IT/Communications and that would be the business and that is one of the industries where they will consider a lower capital requirement. Does anyone have any experience with the reduced capital requirement application process? What is the rate of success? If we don't succeed in getting the required capital reduced, will we still be able to apply under the normal R2.5m minimum?


I'm struggling to see why your current lawyer can't answer these questions. I'd need more information, but he should know your entire situation. For example, I don't see why you need to come in May, you don't need to, you could apply for your business permit in Canada, and you don't need to have your house sold in order to apply under the business permit category - just evaluated.

Also, I don't suggest applying for a reduced capital application, it's probably a waste of time.


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