De Saude Darbandi Immigration Attorneys

De Saude Darbandi Immigration Attorneys De Saude Darbandi Immigration Attorneys. South African citizenship and immigration Law Expert

30/07/2026

One of the most common questions I get asked is:

“How can you represent someone if they’ve done something wrong?”

The answer is actually quite simple.

Everyone is entitled to legal advice and legal representation. A lawyer’s role is not to decide who deserves representation. Our role is to advise people on what the law says, what their rights are and, most importantly, whether there is a lawful remedy available.

At our firm, we’ve always operated on one simple principle: if there is no legal avenue available, we don’t accept the mandate.

Every week we meet people we genuinely wish we could help, but the Immigration Act doesn’t always provide a solution. In those cases, we tell them so. We would rather give honest advice than accept fees where there is no realistic legal basis to assist.

When we do accept a matter, it’s because we believe there is a lawful basis to pursue it. That doesn’t mean Home Affairs will always make the correct decision, but it does mean we believe the application or case has legal merit. If an application is wrongfully refused, we stand by our work and continue fighting for our clients through the available legal remedies.

For us, immigration law has never been about finding loopholes or helping people bypass the law. It’s about ensuring that the law is applied fairly, consistently and in accordance with the rights that every person is entitled to under our legal system.

30/07/2026

Prohibited Person Status / Application to be Declared Non-Prohibited

In this video, I explain:
• what it means to be a prohibited person under the Immigration Act;
• the most common reasons people are declared prohibited;
• when an application to be declared non-prohibited may be necessary;
• what information and evidence should be included; and
• why simply saying you were unaware of fraud is usually not enough.

I also discuss why people are often placed on the visa restricted list after Home Affairs alleges that a document is fraudulent and what steps may be available to regularise their status.

Every matter turns on its own facts, so obtaining proper advice before submitting an application is important.

Please note: This video provides general information only and should not be relied upon as legal advice. Each case depends on its own facts.

29/07/2026

Undesirable Status & Upliftment of the Ban

Many people think that once their period of undesirability has expired, they can simply travel back to South Africa.

Unfortunately, that’s often not the case.

In this video, I explain:
• how undesirable status works;
• why the ban often needs to be uplifted by application, even after the period has expired;
• the difference between an appeal and a waiver application; and
• why planning ahead is so important.

Processing times for upliftment applications are currently around 1–6 months on average, although some applications take longer. If you’ve submitted your application and haven’t received feedback immediately, that is, unfortunately, quite common.

28/07/2026

Employers wanting to regularise foreign staff

I receive many enquiries from employers who genuinely want to help long-standing foreign employees regularise their immigration status.

Unfortunately, not every employee will qualify for a work visa simply because they have a job.

In this video, I explain:
• when a work visa may be possible;
• when studying may be an option;
• why refugee status is only available to people with genuine protection claims; and
• why it’s important to understand the legal options before making decisions.

Every employee’s circumstances are different, so proper advice is essential.

28/07/2026

Citizenship by Naturalisation (Proof of PR)

Applying for citizenship by naturalisation isn’t always as straightforward as people think.

In this video, I explain:
• the 5-year ordinary residence requirement;
• the 90-day absence rule;
• why Home Affairs now requires Proof of Permanent Residence before most citizenship applications; and
• why you should always check that you’ve complied with the conditions of your permanent residence permit before applying.

A little preparation can save months of unnecessary delays.

28/07/2026

Critical Skills Work Visa – 5 years’ experience

Many people believe they need 5 years’ post-qualification experience before they can apply for a critical skills work visa.

That isn’t what the law requires.

In this video, I explain:
• the difference between a critical skills work visa and permanent residence based on critical skills;
• how to use the Critical Skills List correctly;
• why your NQF qualification level matters; and
• how work experience gained while lawfully working on a study visa may be relevant to your application.

Every application depends on its own facts, but it’s important to understand what the law actually requires before assuming you don’t qualify.

22/07/2026

Thinking of working remotely from South Africa?

There is actually no separate “digital nomad visa” in South African law. What people call the remote working visa is a visitor visa with authorisation to work remotely.

A few important things to know:
• It can be issued for up to 3 years at a time.
• It is generally applied for outside South Africa.
• In practice, there are still a number of challenges with these applications.
• Most importantly, because it is still a visitor visa, you cannot change to another visa or apply for permanent residence while you are in South Africa on it. If you later want a work visa, critical skills visa, retirement visa (or permanent residence in SA), you will generally need to return to your country of origin or ordinary residence to apply.

I also touch on the income requirement and some of the South African tax considerations if you spend enough time in the country.

As always, every case is different, so this video is general information only and not legal advice.

For a consult or to find out about the sister company we’re busy registering please contact us at [email protected].

22/07/2026

If you were born to a South African citizen parent while living outside the country you are already a South African citizen. This is not something you apply for. Citizenship by descent exists in law but is now reserved for children adopted in terms of the Children’s Act. The current provision is through a late registration of birth. That registration once processed, confirms a status you already hold in law by virtue of who you were born to.

We see this misunderstood often and it causes people to delay for years thinking they need to qualify for something. Watch the video for the full explanation and please share it with anyone who this could help. If you have questions about your own situation or a family member’s contact our office and we will guide you through it.

21/07/2026

Can you apply for a waiver if you entered as a tourist/on a visitor visa?

No. Section 10(6) stops visitor visa holders from changing status or conditions in the country. The only exceptions are emergency medical treatment or being the spouse life partner or child of a South African or of a business or work visa holder.

A waiver can only remove a regulation not a section of the Act. So this prohibition can’t be waived away. It happened during Covid under different rules. It doesn’t happen now.

If you don’t fall within the exceptions your long term visa must be applied for at the embassy in your home country. Once activated on entry you can then change status here.

Follow for more and share this with someone who needs it.

20/07/2026

The 60 day rule catches so many people out. If you are filing a visa application in South Africa it goes through VFS@and you must file at least 60 days before your current visa expires. If your visa was issued for 30 days, file at least 7 working days before. Never file after your visa has expired. If your VFS appointment falls after your visa expires, accept it but submit as a walk in before the expiry date, because once your visa lapses you fall into what Home Affairs calls a “good cause” process, which can take 8 months or longer. If there is a topic you want covered, send me a one line direct message, not a comment, so I do not miss it. Don’t forget to share 🙏

Address

The South Towers Unit 1E, 8th Floor 2 Heerengracht, Cnr Hertzog Boulevard
Cape Town
8001

Opening Hours

Monday 08:00 - 16:30
Tuesday 08:00 - 16:30
Wednesday 08:00 - 16:30
Thursday 08:00 - 16:30
Friday 08:00 - 16:30

Telephone

+27214183188

Website

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