Quick Assessment

Exchange visa (to conduct work)

An exchange visa to conduct work may be issued to a person, who is under twenty-five (25) years of age and has received an offer to conduct work for no longer than one (1) year.

The prospective employer must certify that the position exists and make certain prescribed commitments.

Exchange visa (cultural, economic or social exchange programme)

An exchange visa may be issued to a person who participates in a cultural, social or economic exchange programme organised or administered by an organ of state or a learning institution.

What is an organ of state?

In terms of section 239 of the South African Constitution, “organ of state” means –

a) any department of state or administration in the national, provincial or local sphere of government; or

b) any other functionary or institution

i.) exercising a power or performing a function in terms of the Constitution or a provincial constitution; or

ii.) exercising a public power or performing a public function in terms of any legislation, but does not include a court or a judicial officer

 

What is a learning institution?

a) an institution of higher education established in terms of the Higher Education Act, 1997 (Act No. 101 of 1997); or

b) a college established in terms of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), but does not include –

i.) a school offering further education and training programmes under the South African Schools Act, 1996 (Act No. 84 of 1996); or

ii.) a college under the authority of a government department other than the Department of Higher Education and Training;

c) or a school contemplated in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996).

This exchange visa may be issued for the duration of the programme.