Promoting Social Inclusion and Integration of Migrants

Foreign Business Permits

For Lesotho Passport Holders

The following are the conditions of the New Lesotho Exemption Permit Dispensation (LEP)
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Entitles the holder to work/ study and/or conduct business.
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Does not entitle the holder the right to apply for permanent residence irrespective of the period of stay in the Republic of South Africa.
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Will not be automatically renewable / extendable.
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Does not allow a holder to change conditions of his/her permit while in South Africa.
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LSP permit holders who wish to convert their status to a mainstream visa should timeously apply for such a visa from Lesotho.
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A LEP applicant will be allowed to travel using the LEP receipt and the expired LSP permit until such time as the new LEP permit is issued, without being declared undesirable.

Refugees and Asylum Seekers

Refugees:

Refugees have a right to conduct business in South Africa.

Asylum Seekers:

Where a person has no other means to support him or herself the right to dignity is relevant. If an asylum seeker or refugee is unable to attain wage-earning employment, and is on the verge of starvation, which results in humiliation and degradation and can only sustain him or herself by trading, they ought to be able to rely on the right to dignity to advance the granting of a license to trade.

Business Visa

Foreigners who are contemplating investing in the South African economy by establishing a business or by investing in an existing business in the country must apply for a business visa. As an applicant, you will be required to invest a prescribed financial capital contribution.

To invest in or open a business in South Africa you will need to, along with Form BI-1738, submit a certificate issued by a chartered accountant registered with the South African Institute of Chartered Accountants to the effect that you have:

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At least an amount in cash to be invested in the Republic as determined from time to time by the Minister, after consultation with the Minister of Trade and Industry or
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At least an amount in cash and a capital contribution as determined from time to time by the Minister, is available.
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An undertaking by the applicant that at least 60% of the total staff complement to be employed in the operations shall be South African Citizens or permanent residents, permanently employed in various positions.
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An undertaking to register with:
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The South African Revenue Service
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Unemployment Insurance Fund
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Compensation Fund for Occupational Injuries
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Companies and Intellectual Properties Commission, where legally required and
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Relevant professional body, board or council recognized by SAQA, where applicable.
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A police clearance certificate from each country where you resided since the age of 18 years, including the Republic of South Africa. A letter of recommendation from the Department of Trade and Industry regarding:
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The feasibility of the business
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and the contribution to the national interest of the Republic.
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A yellow fever vaccination certificate if you have travelled or intend travelling through a yellow fever endemic area, Medical and radiology reports
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The capital requirements above may be reduced or waived in respect of the following types of industries/businesses:
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Information and Communication Technology
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Clothing and textile manufacturing
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Chemicals and biotechnology
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Agro-processing 
Metals and minerals refinement
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Automotive manufacturing
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Tourism and Crafts
Business Visa applications made for existing businesses require the following documents (in addition to all those listed above) to be submitted with the temporary residence application form:
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Financial statements for the preceding financial year
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The contribution to the national interest of the Republic

Spousal Permit

If you have been married to a South African citizen or a foreign national who holds permanent residence in South Africa for at least five years or more, you can apply for a spousal permit in South Africa, which allows permanent residence in South Africa.

Also, you’re free to study, work, or set up a business as you wish, unlike with a temporary spousal permit.

You must prove to the South African authorities that the relationship between you is still valid within the first two years of the permit, along with other documentation. If your relationship ends or your relationship is no longer valid, then your South African spousal permit will lapse – although this doesn’t apply if your wife or husband passes away.

Life Partner Visa

If you have been the permanent partner for at least two years of a South African citizen or a foreign national with permanent residence in South Africa, you can apply for a temporary life partner visa in South Africa, provided you meet the conditions. If you’ve been together for five years, you can apply for a permanent South African life partner permit

With a permanent South African life partner permit, you are free to study or work without restriction.