# Can I Change Visa Status?



## Feastarr (Jul 25, 2013)

I have a 2 months business visa for SA. It mentions non-extend and "may not change conditions". 

However, the company here has offered me a position in their Cape Town office. Can I apply for a general work permit while in SA regardless of these conditions on my visa?


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## Skilled (May 10, 2011)

You can apply for a General Work Permit as long as you meet all the requirements.


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## Feastarr (Jul 25, 2013)

^Thanks for the response there.

Can I ask you the source of that information? The key point is that my current visitor's visa says that it is "Non-extend" and "May not change conditions". According to my guess, applying for the work permit will technically mean ignoring both of these conditions. Will it?


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## Skilled (May 10, 2011)

It will be a new application, nothing to do with the current permit you have. However, you need to be on a valid VISA when applying from inside South Africa. The conditions and requirement for a Generl Work Permit are tough though on first applicants. Good luck.


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## Feastarr (Jul 25, 2013)

Related question: 

If my current visa expired before the result of the application came back, will I still be able to legally reside in SA until the result is in?

What condition would you say is the toughest for a GWP?


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## Skilled (May 10, 2011)

You can still reside in the country until your application is finalised.

Some of the tricky requirements

1) Department of labour letter to state that the position or the job is valid.
2) South African Qualification Evaluations aka SAQA evaluations on your qualifications
3) The company has to advertise the position in the national newspaper for 14 weeks and u need to provide the clip of the advert as well as names of those that were interviewed but did not get the job.
4) you need police clearances from all countries you stayed 1 year or more and including South African one I think.


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## vajeera (Jan 15, 2014)

The advertisement has to be in a national media for 14 days/2 weeks and not 14 weeks as stated above.

Yes, the rest of the documents (SAQA, PCC and CSSA) will require time and if you are on a 90 day business visa then it might be a tough walk .


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## Feastarr (Jul 25, 2013)

I have all of that in the process right now. 

Again, are you guys 1,000,000,000% sure about it being not a problem if I apply for work permit from a *visitor's visa that was issued to me for "business meetings" as the purpose of visit.*?

Do you have an experience with this kind of an application?


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## 2fargone (Jun 14, 2011)

Why can't the company in Cape Town sort out your work permit for you if they are going to offer you a job.


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## LegalMan (Dec 26, 2012)

Woah there folks! I didn't see this thread and there are a couple of things to mention.



Feastarr said:


> I have a 2 months business visa for SA. It mentions non-extend and "may not change conditions".
> 
> However, the company here has offered me a position in their Cape Town office. Can I apply for a general work permit while in SA regardless of these conditions on my visa?


If you try to change your status from a *business* visa to a *work* visa, you may hit trouble with the new immigration regulations that many Home Affairs officials have already started implementing. You'd best apply from your home country and then come back into the country. Otherwise seek the services of a lawyer to properly assess your situation.

Also, the points that Skilled put out there are not necessarily all valid any longer. We're in a time of flux and, for example, the advert in the paper (which people took such advantage of) may soon not be a requirement.

As for 2fargone's comment, in a dream world, yes, every company should do that.


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## vajeera (Jan 15, 2014)

+1 to LegalMan - Well chances are your business visa was issued most probably from the Delhi consulate and they might act strict (if) when you apply for a dependent TRP based on your GWP - best way is to take all the documentation and apply in person in India (as VFS doesn't cater for WPs) and do a follow up every 4 weeks.


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## Feastarr (Jul 25, 2013)

LegalMan said:


> Woah there folks! I didn't see this thread and there are a couple of things to mention.
> 
> 
> If you try to change your status from a *business* visa to a *work* visa, you may hit trouble with the new immigration regulations that many Home Affairs officials have already started implementing. You'd best apply from your home country and then come back into the country. Otherwise seek the services of a lawyer to properly assess your situation.
> ...


Thanks a lot for your advice. The agent from the company is on it but I am doing my research in the meanwhile. The agent says that I can come on a section 11-2 and then apply for work permit since the new rules are not out yet. I already have the advertisements, SAQA etc in order. 

Since there will be a lot of redtape involved in getting the authorization from the Director General in Pretoria before applying for the 11-2, I was wondering if I can do the same with a non-section 11-2 visa, like a training visa. Visiting and then applying for the work-permit that is. 

About the new rules, the agent is very confident that the new rules are not there yet will not be applicable for some time to come. So please assist me with this taking into consideration the existing rules. 

Thanks for your help.


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## Feastarr (Jul 25, 2013)

BUMP! Any assistance will be really helpful.


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## LegalMan (Dec 26, 2012)

Just a thought: You mentioned you have an agent advising you - they should know. You should ask yourself why you are doing research if you are paying someone else to know (or do that research).

Regarding the question I think you are asking - coming into the country on any visa other than a work visa will mean that if you apply for a work visa, you are changing your status. The new regulations say you cannot do this (as a person from a non-visa exempt nationality). On the old regulations (i.e. currently) you can. For our clients, we make sure we have a back-up plan though, as once the new regulations are confirmed things may become difficult.


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## su8898 (Apr 17, 2013)

vajeera said:


> +1 to LegalMan - Well chances are your business visa was issued most probably from the Delhi consulate and they might act strict (if) when you apply for a dependent TRP based on your GWP - best way is to take all the documentation and apply in person in India (as VFS doesn't cater for WPs) and do a follow up every 4 weeks.


Hi vajeera, can you please elaborate on this? Does this mean the Delhi consulate can reject a dependant TRP? Is it even possible to reject a dependant TRP (eg: for the spouse) while his/her wife/husband is having a valid GWP and is employed in RSA? 

Thanks in advance.


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## vajeera (Jan 15, 2014)

Hi su8898 , Yes it is very much possible for them to reject your dependant's TRP. It happened with me and that's the reason I highlighted it here. Basically they declined the TRP citing the reason that I had changed from a sec 11(2) BVisa to GWP and hence violated the rule, whereas in reality it was my company who did all the permit work in the background.


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## su8898 (Apr 17, 2013)

vajeera said:


> Hi su8898 , Yes it is very much possible for them to reject your dependant's TRP. It happened with me and that's the reason I highlighted it here. Basically they declined the TRP citing the reason that I had changed from a sec 11(2) BVisa to GWP and hence violated the rule, whereas in reality it was my company who did all the permit work in the background.


oh that's tragic! Did you manage to get the dependent TRP afterwards? I came here on a visit visa and then I changed it to a study permit before getting my current GWP. I think I am in the same boat as you. Hope they won't be rejecting my spouse's TRP citing that I changed my status from a visitor's visa.


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## vajeera (Jan 15, 2014)

Yeah.......we reapplied after a gap of 6 moths and got it in 2 weeks time ........Dealing with the SA consulate is always a surprise. Good luck to you.


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