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Quick Assessment

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Exchange visa (to conduct work)

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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.

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

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Exchange visa (cultural, economic or social exchange programme)

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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.

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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).

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

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