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Waivers & Exemptions

Provision is made for seeking a waiver of requirements that cannot be complied with due to certain corporate or personal circumstances thereby requiring an Applicant to apply to the Minister of the Department of Home Affairs who is empowered in terms of Section 31(2)(b) of the Immigration Act to waive “for good cause” any regulatory requirement or form, or in terms of Section 31(2)(c) to grant a foreigner or a category of foreigners the rights of permanent residence for a specified or unspecified period when “special circumstances exist” which would justify such a decision .

This is not however to say that there is a permit for ‘every occasion’ – no country could allow for such an open door approach. Such applications can take between three and seven months to be adjudicated upon but can be longer.

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