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Which visa type should I choose?

  • Relative's Visa

  • Digital Nomad Visa

  • Either is fine, it's about the same

  • Something else / different path (please comment)

Want to move to SA, which visa?

842 views 9 replies 6 participants last post by  123123  
Discussion starter
9 posts · ed 2025
Hi, first timer here. My wife is from South Africa (her family is there), and her and all our children are USA/South Africa dual citizens. I'm a USA citizen only. We would like to move there and help take care of her parents. It's simple for them, but more complex for me.

My understanding is that it is best to first get a long term visa to get there, then apply for permanent residency once there (per consulate website). At first, I thought the Relative's Visa would be the way to go. Then I discovered it doesn't allow working, but there's some process to get a work permit. I hope to be able to work remotely for a US company (either as employee or independent contractor). If that doesn't work out, getting a job in South Africa would be a possibility, but not preferred as it would pay less from my research. I can go some time without pay if necessary, but obviously not preferred. I recently discovered the new Digital Nomad visa, that might fit. There's limited information on SA Home Affairs website, and no mention of it on the US consulate website. I know I meet the qualification for income, but I'm uncertain of the details of how to apply and rules around it.

And as a general note, I want to do things the right way, nothing illegal. If something is a gray area, please do explain.

So my questions:
1. Does the Relative's visa allow working remotely for a US company, without the work permit? What is the process to get a work permit while on a Relative's visa, and does that allow only local work, or also remote work?

2. How do I apply for a Digital Nomad visa? What is the paperwork required? Do I already have to have a remote job to apply, or can I get the visa first and figure out the job later? What happens if you lose your job, can I convert to a local job or have to find a new remote job, or leave? (I figure I'd start with emailing the consulate if not known here and if it seems the best path)

3. For my situation, would a Relative's Visa or Digital Nomad Visa fit better or be more beneficial? Or a different path?

4. Does either path affect the tax situation? My understanding is that once you are in the country for 6 months, you have to with SARS and pay tax. Does that apply to working remotely with Relative's visa (if possible)?

5. Once there's a tax obligation in SA, can I choose which side I will pay first, and which I will use the tax treaty / foreign tax credit to deduct? Or does physical presence determine which side gets first dibs?

Thanks so much for reading this long post and any help you can provide!
 
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Hello there, my take on some of your questions as you numbered them are as follows:

1. You are eligible and will get a relatives visa. You can first apply for the relatives visa, and once you get a job you can then apply for an endorsement to work (or run a business even). If you get a job before applying for the relatives VISA then you can can apply for a relatives visa with the endorsement to work at the same time. Fortunately, because you wife is South African, you can come in as a Visitor on a 90 days visitors visa, and then you are applied to change to the Relative VISA within South Africa.

2. Am not sure about the process to get digital norma visa but for your circumstance I dont think the digital nomard visa is suitable. It limits the number of time you can stay in the country a year. So you might find yourself in rush/need to travel out, unplanned. All the questions you ask in point number 2 makes the digital nomad visa even more unsuitable. You have the priviledge of getting a relatives visa with the right to work. And, in my view, the relative visa is far more superior. Secondly, you will need to apply for PRP (Permanent Residence) as soon as your relatives visa is out. And one of the requirements of a PRP application is a relatives visa (considering that your PRP application is based on marriage). I do not know if you can apply for a PRP based on marriage while you are on a digital nomad visa.

3. In my view a Relatives visa will be most suitable for your circumstances for reasons I have given in 2. above.

4. You can check on the SARS website for more accurate information. But as long as you meet some threshold of period of being physically present in South Africa, SARS requires you to for tax and assesses you on your world wide income. The type of VISA does not matter to SARS. Even if you do not have a VISA and therefore working illegally, SARS will still require you to for Tax and will collect tax from you. They dont consider a VISA. They only consider port, Proof of residence, banking details etc.
SARS Home | South African Revenue Service

5. On this one you need to consult with a Tax practitioner. One very specialising with this subject. Be wary of many of the basic Tax practitioners who mainly do tax submissions. This, your question 4, is quite specialised and uncommon. So a lot of the local tax practitioners havent encountered this yet, but they will not tell you that. They will just tell you what ever they tell you so that you pay them for the service. But SARS hold YOU able for tax anomalies and not the tax practitioner.

Finaly, you can also check out the VFS South Africa website. It has detailed requirements for VISAs.
Visa Information
 
Thank you very much for this explanation! This makes it clear that the Relative's Visa is the best way. And can you clarify, the permit for work only applies to South African companies, correct? Thus I could go on a Relative's Visa without the permit to work, and I can work remotely for a US company, yes? And should I find myself in position to need the work permit, could you kindly link an official website explaining this permit and how to apply? I'm unsure if I found the correct links on the Home Affairs webpage (is it the same as general work visa?). Thanks again!
 
If you only work for a foreign company while you are staying in South Africa, and you only take money from banks outside South Africa, it can be in a very grey area.

Unless you make millions, don't worry too much about it. Just to keep low. I think you will be fine.

Furthermore, you should apply for permanent residency if you have married for more than 5 years. When you get it, you don't have to deal with visa related issues anymore.
 
I am also hunting for more info on a mysterious "parental visa" that is issued to parents of minor South African children. A few practitioners online have said they have secured such for clients. Based on a constitutional court judgement in December 2023 gave the right to work to foreign parents to SAC minor children. However many practitioners are tight lipped about it, understandably so because they make their livelihood off of people paying for their services. Home affairs is also tight lipped under the political climate.
So if you opt o consult or secure services of June Luna or any other ask about this one. the way I see it, it is your best bet for the temporary visa rather than the spousal relative. So this one would be a relative visa but linked to your SAC children as opposed to wife. Link to your children would allow work, link to your wife will require another endorsement later for you to work.
Once you have the relative visa link to your kids, you then can immediately apply for permanent residency as spouse to a SAX married longer than 5 years. So the temporary one gets you in the country, with rights to work and being in the country with that visa will allow you to immediately apply for permanent residency as you have been married for more than 5 years and have kids and more to that it is a good faith marriage.
Sorry at this stage I don't have the process regarding the relative visa (parental visa) but when I find it I will come back as this is the one I am looking to secure for myself,
 
Wow, this is very interesting and thank you for sharing it! I also saw your post on the topic and am following it. After doing some quick research, the primary case appeared to be for people where the marriage relationship had ended, but does it apply in the case where the marriage is in good standing and also applying from outside the country? It would be excellent to have the flexibility of work rights from the start.
 
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