ZA country scene

Treaty Visa

South AfricaFree movement

Explore the five recorded questions, answers and sources for this pathway.

Official link

Which citizenship, status or regional agreement creates the person's right to move/reside?

This is not a supranational free-movement right such as a customs-union or regional-citizenship right. The Treaty Visa is a South African immigration visa issued under regulation 13 for a foreigner whose stay is authorised by a treaty to which an organ of the South African state is a party; the applicant must submit a letter from that relevant organ of state attesting to the nature, duration and participation details of the treaty programme.

See recorded sources
Limits of the record
  • The category label 'free movement' does not match what this source describes: no regional citizenship, customs union or supranational movement right is stated. This is a bilateral or multilateral treaty-programme visa, and the Regulations do not name any specific treaty, country or regional body.
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

The basis for residence is participation in the specific programme named in the letter from the relevant organ of state, not an independent worker, student, jobseeker or self-funded basis; the letter must attest to the type of activities the foreigner is expected to perform and their duration.

See recorded sources
Limits of the record
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

What entry, registration or residence-document formalities remain?

Formal entry requirements beyond the letter are a police clearance certificate and a written undertaking, from the sending or receiving organ of state, accepting responsibility for the applicant's and accompanying dependants' deportation costs, should that become necessary.

See recorded sources
Limits of the record
  • The Regulations do not state any registration or residence-document formality after entry, such as reporting to an authority or registering an address.
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

Which non-member-country family members can accompany or join, and what broad rights do they receive?

Dependent family members can accompany the applicant: the sending or receiving organ of state's written undertaking explicitly covers the applicant 'and his or her accompanying dependent family members'.

See recorded sources
Limits of the record
  • The Regulations do not state what rights accompanying dependent family members receive -- whether they may work, study or hold their own visa category.
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

The checked official sources did not provide enough route-specific evidence to confirm when permanent rights arise and the continuity or absence rules.

See recorded sources
Limits of the record
  • Searched Act s14, reg 13 (2014 and 2018) and Act ss25-28 for a route from a treaty visa to permanent or long-term residence, continuity or absence rules: none found. Reg 13 letter content (accommodation, programme duration) does not answer this question.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

Your story.
Your next step.

Explore pathways in South Africa →