# Port of Entry and Visa exempt



## Spiggles (Mar 19, 2014)

Hi All,

Can someone please tell me regarding the Port of Entry and Visa Exempt?

According to New Immigration law, Port of Entry visa has to be applied in person at mission abroad. 
Does this apply for people from a Visa Exempt country?

People from a Visa Exempt country usually get stamped at passport control at the airport when they arrive, but if they have to apply for "Port of Entry visa" from their country, it is no more Visa Exempt? 
Can someone please clear this up for me?


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## shumifan49 (Sep 18, 2013)

This presumably works as in the past and the requirement to apply in your home country only apply when an explicit visa is required. But this is an interesting question.


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## LegalMan (Dec 26, 2012)

No, there are two: Visitor's Visa for non-visa-exempt people and they must apply abroad, and port-of-entry Visa, which, as the name states, is issued at the port-of-entry for those who are visa exempt.


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## Spiggles (Mar 19, 2014)

Hi LegalMan,

In New Immigration regulation, it mentions about Port of entry visa:

*Port of entry visas and transit visas*
10.(1) An application for a port of entry visa or transit visa shall be made on Form 11 illustrated in Annexure A, together with supporting documents, and shall -
(a)include a statement or documentation confirming the purpose and duration of the visit
(b)be accompanied by
(i) a valid passport in respect of each applicant; and............

*(2) An application contemplated in subregulation (1) shall be made in person at*
(a)any mission of the Republic in the country of the applicant's normal residence, which includes permanent residence and long-term temporary residence; or 
(b) any mission of the Republic in the country of which the applicant holds a valid passport


What is your understanding on this?


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## Spiggles (Mar 19, 2014)

Can someone shed a light on this matter?

It does not make sense as the New immigration law states that Port-of-entry visa should be applied for in your home country with supporting documents etc. - just like Visitor's visa.

Does this mean foreigners from visa exempt country(like US,British etc.) have to apply for a Port-of-entry visa prior to arrival? 
Or are there still visa exempt countries?


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## LegalMan (Dec 26, 2012)

It does not say that. Port-of-entry visas are just that - issued at the port of entry. Where is the wording that confuses you?


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## Spiggles (Mar 19, 2014)

*Port of entry visas and transit visas*
10.(1) An application for a port of entry visa or transit visa shall be made on Form 11 illustrated
in Annexure A, together with supporting documents, and shall -
(a) include a statement or documentation confirming the purpose and duration of the visit;
(b) be accompanied by-
(i) a valid passport in respect of each applicant; and
(ii) the applicable fee;
(iii) proof of sufficient financial means; and
(iv) proof of a valid return or onward ticket or purchase thereof;
(c) in respect of dependent children accompanying the applicant to or joining the
applicant in the Republic, be accompanied by-
(i) proof of consent from one or both parents or legal guardian, as the case may be,
in the form of a letter or affidavit;
(ii) where applicable, a copy of a court order granting the applicant parental
responsibilities and rights in respect of the child;
(iii) a letter from the person who is to receive the child in the Republic, containing his
or her residential address in the Republic where the child will be residing;
(iv) a copy of the identity document or valid passport and visa or permanent
residence permit of the person who is to receive the child in the Republic; and
(v) the contact details of the parents or legal guardian;
(d) where the application is for the attendance of an activity or event, include a letter
from the organisation under whose control the activity or event will take place,
confirming such attendance and whether or not the foreigner will be remunerated, and
if remunerated, the amount of the remuneration.

*(2) An application contemplated in subregulation (1) shall be made in person at-
(a) any mission of the Republic in the country of the applicant's normal residence, which
includes permanent residence and long-term temporary residence; or
(b) any mission of the Republic in the country of which the applicant holds a valid
passport,*
Provided that when good cause exists, any mission other than a mission referred to in
paragraph (a) or (b) may accept that application, in which case that mission may refer the
application to the mission contemplated in subregulation (3)(a) or (b) for comment or
processing.



This is what the New law states, it clearly states that Port-of-Entry has to be applied for in mission abroad.- which means not really at Port-of-Entry, correct?

Is Port-of-Entry visa the same as Visa exempt (as Visa exempt nationality get stamped at the airport on arrival)?


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## LegalMan (Dec 26, 2012)

It does not state that. It says that if you are not visa-exempt and arrive at a border, you can then fill in forms, etc, right there and then.

Port-of-entry means exactly what the words say: a visa granted on entering at a port into SA. If you are visa exempt, this is the only visa you need.

What you need to know is that visa exempt nationalities do not need to apply for a holiday visa and can simply receive a visa on arrival.


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## Spiggles (Mar 19, 2014)

LegalMan said:


> No, there are two: Visitor's Visa for non-visa-exempt people and they must apply abroad, and port-of-entry Visa, which, as the name states, is issued at the port-of-entry for those who are visa exempt.


We seem to read the same thing and end up with a different conclusion.
The new law states in paragraph 2 (a) and (b), that a Port of Entry visa has to be applied for in advance, in your "parent" country or mission abroad. 
This certainly does not imply nor mention getting a visa on arrival.

According to your statement above, there are 2 visas- visitors (needing application abroad) and Port of Entry (needing application abroad as per paragraph 2 (a) and (b). 

My confusion comes from seemingly conflicting information regarding what is gazetted and what is translated from that.

In short, a country that was visa exempt, meaning they can fly to SA, and go through immigration after being stamped, for a period of up to 90 days- are they still visa exempt, or do they now need to apply for a:
1. Visitors visa- needing application abroad, or
2. Port of Entry visa- needing application abroad as per paragraph 2 (a) and (b)?

I would be grateful to receive some further insight on this.


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## LegalMan (Dec 26, 2012)

I've stated the facts already. Everyone going on holiday must apply for a visitor's visa, whoever you are, to enter SA, but visa-exempt nationalities simply present their passport. You're misreading and misunderstanding the law.

It's like they are applying but have a golden piece of paper that whisks them through.

That's my final comment on this.


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## Spiggles (Mar 19, 2014)

Thanks LegalMan.


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