# Visa requirement to live in SA and work in EU (Sweden)



## Hrf (Feb 23, 2018)

What visa is needed in order to work remotely in South Africa for an employer in EU (Sweden)?

My situation is that me and my wife are thinking of a adopting a second child from SA (our first child is also from SA, and we really fell in love with the country our first time there). After our stay there for the adoption process (which takes about a month), we wish to remain a few more months in SA before returning to everyday life in Europe, and if possible continue to do so for 3 months every winter until the kids starts school. In order to afford this, I also need to work at least part time while there.

My plan is to work remotely as I currently already work remotely domestically in Sweden. As a bonus, SA is in the same timezone as Sweden for half of the year. And Sweden and SA has signed a joint tax agreement.

But my problem is what kind of visa I would need to do this. 

I have explored the possibilities of a work visa or an Intra-Company Transfer Visa. Neither seems to be an option for me, as I will get notice it's time to leave for SA less than two weeks in advance, and my company does not have any international branches.

Will a 3 month visitor visa ("tourist visa") with a 3 months extension while in SA suffice when working 2-5 months remotely to Sweden? It seems to allow for "short duration" business activity. But how short is short? And does working remotely (but being paid in Sweden by a Swedish company, to a Swedish bank account) counts as a business activity?

Or is it a better route to apply for a relative's visa in advance? As far as I understand, I am eligible for permanent residence through a 1st line of kinship to my child, who is a SA citizen. From what I gather, I would then be able to apply for an authorisation to work in SA, while in SA. (But again, maybe this is not needed for remote work paid in Sweden.) Also, how long does such an authorisation process take?
Because if it takes 3 months it won't be of much use... I have seen first-hand the abysmal functionality of Home Affairs, after all...

And what does a relative's visa/permanent residence require more than me being the father of my child? Can I just apply for one (with all necessary documents, photos, passport copies, police clearance, health checkups, etc... all of those are pretty standard to an adoptive father...). Can I get one 1-3 years in advance with the silent intention to only live there for 3-6 months every year, or do I need to actually intend to move there right away with the intention of staying indefinitely?

Or is taking the relative's visa/permanent residence route a stupid idea altogether? I've read somewhere that while Home Affairs are processing a visa application request or a request for permanent residence, you are barred from entering the country (even on a tourist visa?). Anyway, that would be *extremely bad*  if I need to suddenly (less than two weeks notice) travel to SA for our second adoption, while my application is still processing... Then again, I guess I could return every winter for another 6-9 months of remote working with a permanent residence, right?


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## hilrap (Jul 31, 2014)

Hi there,

as a first point of reference, i would try to communicate with the SA'n embassy in Sweden. You should qualify for a TRP as well as a PRP. See links for requirements:

DHA Visa Information - South Africa - Temporary Residence Visa - Relative Visa - Relative Visa

Department of Home Affairs - DOCUMENTS REQUIRED: DEPENDENT OF A SOUTH AFRICAN CITIZEN OR PERMANENT RESIDENCE HOLDER UNDER THE AGE OF 18 YEARS (MINOR)

Embassy requirements can be slightly different though...

The PRP will probably take at least 5 month to process, but there is no problem to travel to SA in the meantime. 
PRP requires you to "take up residency" within 12 month from the date of issue and travel to South Africa at least once within a three year period thereafter.


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## traveller94 (Aug 26, 2016)

You cannot apply for Perm Res without holding a temporary residence visa.

You cannot apply for Perm Res through a child, the degree of kinship works in the opposite way. 

"Please note an application for permanent residence in terms of section 27(g) of the Immigration Act 13 of 2011, as amended, read together with Regulation 23(7), requires the citizen or permanent residence holder to satisfy the Director-General that he or she is able and willing to support and maintain the applicant. A minor dependent is not in a position to assume financial, emotional, medical and physical responsibility for a parent. They are therefore unable to fulfill the abovementioned requirement and satisfy the Director-General accordingly. Parents of minor dependents therefore do not qualify for permanent residence in terms of section 27(g) of the Immigration Act."


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