Immigration Law

Immigration Law 

The Immigration Department of Mc Menamin, Van Huysteen and Botes Incorporated is a group of individuals who specialize in all aspects of immigration law and related matters since 1994. Through years of experience and dedicated service we have become one of the leading immigration specialists in South Africa. 

Our team of dedicated individuals is led by Elria Mc Menamin, an attorney with 19 years of experience in Immigration Law and related matters. 

What we offer

We assist foreigners, their families and employers in all immigration related matters including but not limited to providing expert advice on which strategic processes to be followed in obtaining and keeping valid statuses within the Republic of South Africa. When arrested and/or blacklisted we assist with release and upliftments. 

We have also appeared in the High Court on behalf of the immigration practitioners’ industry body, FIPSA (the Forum of Immigration Practitioners of South Africa). 

We advise clients on the necessary visa/ permit to be applied for; we assist in obtaining the required documentation, we compile the application, assist the client in the submission thereof, we obtain the outcome of the application and we are equipped to handle any and all further administrative processes arising from the aforementioned services. 

It does often happen that the Department of Home Affairs through errors or delay prejudice foreigners. We have extensive experience in resolving such matters either through administrative processes prescribed by South African Immigration Law or through litigation processes in the High Court. Our proven track record in obtaining court orders against the Department of Home Affairs, its Minister and Director-General has set us apart in this field of law. 

All foreigners that find themselves within the Republic of South Africa must have a valid visa permitting such presence and on occasion it does happen that a foreigner finds themselves without a valid visa due to any number of circumstances. We offer the service of assisting clients in correcting their status within the country and ensuring that the corrected status endures for a period of time. We assist in the upliftment of this status to re-enter the country if need be. 

For foreigners that wish to make South Africa their permanent home we facilitate such applications for permanent residence status and the subsequent applications that are required in becoming a bona fide South African citizen. 

Our area of expertise within the Immigration sphere of South African legislation is so broad we can offer guidance to all foreigners that are in need of assistance in ensuring their stay within the Republic. 

We at all times act in the best interests of our clients regardless of their status within the country and we have even taken steps in amending South African Immigration Law by the raising of constitutional issues in our court cases against Home Affairs. 

The benefit of having an attorney on your side in any matter relating to Immigration Legislation is the fact that we possess the required expertise in the complex matter that is Immigration Law. All advice and assistance is given with full adherence to the Immigration Act thereby limiting any alternative outcomes. 

We also assist with interpreters, if needed. 

BUSINESS VISA: Foreigners who are contemplating investing in the South African economy by establishing a business or by investing in an existing business in the country.

VARIOUS WORK VISAS: Foreigners who are employed or who have been offered employment in South Africa.

HOLIDAY VISA: Foreigners who wish to temporarily sojourn within the Republic.

STUDY VISA: Foreigners wishing to attend a learning institution in the Republic

CORPORATE VISA: For a corporate entity (e.g. a mine group, farmer, etc.) to employ a pre-determined number of skilled/semi-skilled/unskilled workers in the Republic.

RETIRED PERSON’S VISA: Foreigners wishing to retire in the Republic

RELATIVE’S VISA: Foreigners wishing to reside in the Republic with a South African citizen or permanent resident who is a family member

MEDICAL TREATMENT VISA: Foreigners in need of medical treatment offered in the Republic.

WORKER: Foreigners wishing to conduct work in the Republic indefinitely.

SPOUSE: Foreigners wishing to permanently reside in the Republic with their spouse or life partner

EXTRAORDINARY SKILLS: Foreigners with qualifications listed in the critical skills list wishing to permanently conduct work in the Republic

REFUGEE: Foreigners that have been declared as refugees wishing to permanently reside in the Republic

BUSINESS: Foreigners who are contemplating investing in the South African economy by establishing a business or by investing in an existing business in the country and wish to remain in the Republic on a permanent basis

RETIRED PERSON: Foreigners who wish to retire in South Africa indefinitely

RELATIVE: Foreigners who wish to reside with a South African or permanent resident family member

FINANCIALLY INDEPENDENT: Foreigners wishing to permanently reside in the Republic whom have the prescribed net worth. 

The benefit of having an attorney on your side in any matter relating to Immigration Legislation is the fact that we possess the required expertise in the complex matter that is Immigration Law. All advice and assistance is given with full adherence to the Immigration Act thereby limiting any alternative outcomes. 

We also assist with interpreters, if needed.