What does an immigration attorney cost in South Africa?

Immigration work is priced per application, and the attorney's fee is only one of the bills. Home Affairs charges a fee for the application, VFS Global charges a service fee for taking it, and on top of those sit the costs of the documents themselves: police clearances, medical reports, SAQA evaluations, translations and certifications. When someone quotes you a single number, ask which of those it includes. Usually it is the attorney's fee alone.

All the figures on this page are typical attorney fee ranges excluding VAT. No attorney is bound by them. A large firm in Sandton or Cape Town charges more than a sole practitioner in a smaller town for the same work, and a difficult case under the Immigration Act 13 of 2002 costs more than a clean one in the same category.

One warning before the numbers. Immigration attracts unregulated "immigration agents" and "consultants" who are not admitted attorneys, are not answerable to the Legal Practice Council, and cannot represent you in court. The first question to ask anyone is whether they are an admitted attorney.

What each fee actually buys

The consultation. An hour or less. You explain your situation, the attorney tells you which category fits, whether you may apply from inside South Africa, what the current requirements are, and what the realistic risks are. A good consultation ends with a written list of documents and a fee estimate for the application. This one hour prevents an application in the wrong category or from the wrong place.

A temporary residence visa application. Reviewing your documents, checking them against the current regulations and checklists, drafting the covering letter and any affidavits, preparing the application for lodging, and dealing with VFS. The attorney's fee does not include the Home Affairs application fee, the VFS service fee, or the cost of obtaining the documents.

A spousal or relative's visa. The same work, plus the proof of the relationship: affidavits from both partners, proof of cohabitation and shared finances, and interview preparation. Relationship visas are refused on the quality of that proof more than on anything else, which is what the attorney's time goes into. See how to apply for a spousal visa.

A critical skills or general work visa. The same work again, plus the parts that make work visas harder: confirming the occupation against the current critical skills list, coordinating the SAQA evaluation and professional body registration, checking the points-based criteria that were introduced recently, and preparing the employer's documents. See how to apply for a critical skills work visa.

A permanent residence application. A larger bundle over a longer history. The attorney checks that you meet the category, assembles years of proof, and prepares the application for a process that runs for a long time. See how to get permanent residence.

An appeal or review of a rejection. Reading the reasons, deciding between an appeal and a fresh application, drafting a written response to each reason with supporting proof, and lodging it within the short deadline. The fee usually covers one level, to the Director-General. The step to the Minister is quoted separately. See how to appeal a visa rejection.

A High Court review. A court application under the Promotion of Administrative Justice Act 3 of 2000 to set aside a Home Affairs decision. It involves founding papers, the record of the decision, answering and replying affidavits, counsel and a hearing. The range is wide because the case may be unopposed or fought to the end.

Representation in a detention or deportation matter. Attending at the police station or Lindela, obtaining the reasons and the warrant, corresponding with the immigration officer, and where necessary an urgent High Court application to stop a deportation. The upper end of the range assumes counsel and an urgent hearing. Before you pay anything, phone Legal Aid South Africa on 0800 110 110, which prioritises detention matters, and read what are my rights if I am detained for deportation.

A citizenship by naturalisation application. Checking eligibility, assembling proof of residence over the qualifying years, and preparing the application. See how to become a South African citizen by naturalisation.

Why attorney fees and Home Affairs fees are separate

Three different parties charge you. Home Affairs charges a statutory fee for considering the application, set by regulation and paid whether the application succeeds or fails. VFS Global charges a service fee for receiving the application and running the appointment system. The attorney charges for professional time. None of these fees is refunded if the application is refused, and none of them can be waived by the others.

Then there are the disbursements: police clearances from each country, medical and radiological reports, the SAQA evaluation, professional body registration, sworn translations, certification and courier costs. These are paid to third parties and are the same whether you use an attorney or not.

So a quote for a work visa is really four numbers: the attorney's fee, the Home Affairs fee, the VFS fee and the disbursements. Ask for all four in writing.

A worked budget: a spousal visa

The figures are illustrative and sit around the middle of the ranges above.

Naledi is South African. Her husband Emeka is Nigerian and is in South Africa on a valid visa that permits a change of status. They instruct an attorney.

Home Affairs and VFS fees are on top. If the application were refused and appealed to the Director-General, add R10 000 to R20 000 for the appeal. If Emeka's visa did not permit a change of status inside the country, the flights and the wait abroad would be the real cost. See can I change my visa status from inside South Africa.

A worked budget: permanent residence

Same illustrative basis. Thabo holds a work visa and has reached the qualifying period for permanent residence in his category.

Home Affairs and VFS fees are on top. The renewal line is the one people forget. Permanent residence applications run for a long time, and you must keep your temporary status valid while you wait, which means at least one more visa application and its own fees. The permanent residence and citizenship calculator helps you see when you qualify.

What you can do yourself

The forms, checklists and fee schedules are published and VFS accepts applications from individuals. Many people lodge a straightforward extension or renewal themselves. Birth registration and the citizenship application at majority for a child born here are Home Affairs processes that do not need an attorney. See is my child born in South Africa a citizen.

You can also draft an appeal yourself.

Where an attorney earns the fee is in the questions that decide everything: which category, whether you may apply from inside the country, whether your occupation matches the current list, whether your relationship proof is enough, and whether to appeal or reapply. A single consultation on those questions, followed by doing the paperwork yourself, is a sensible budget for many people.

Questions to ask before you instruct anyone

• Are you an admitted attorney, and can I see your Legal Practice Council registration?
• Which visa category are you recommending, and why not the alternatives?
• May I apply from inside South Africa, and what in the current regulations says so?
• What is your fee for this application, and what does it exclude?
• What are the Home Affairs fee, the VFS fee and the likely disbursements?
• What happens to your fee if the application is refused?
• Does the fee include an appeal to the Director-General if it is refused?
• Will you give me a copy of everything lodged and the VFS receipt?
• Have the rules for this category changed recently, and have you checked the current version?

Get the answers in a written mandate. Anyone who guarantees a visa, or who will not confirm in writing that they are an admitted attorney, is telling you something.

Common cost mistakes

• Paying an agent who is not an attorney. No regulator, no recourse, and no right to represent you in court.
• Applying in the wrong category or from the wrong place. The attorney fee, the Home Affairs fee and the VFS fee are all lost.
• Missing the appeal deadline. The cheapest remedy is gone and you are left with a fresh application or a court.
• Not budgeting for the renewal while a permanent residence application is pending.
• Ordering documents in the wrong order. A police clearance that lapses before the application is lodged is paid for twice.
• Assuming the quoted fee includes Home Affairs and VFS. It almost never does.
• Paying for a High Court review before exhausting the internal appeal. Courts generally expect the Director-General and Minister route to be used first.

The free route

You are not shut out if you have no money. Legal Aid South Africa on 0800 110 110 applies a means test and prioritises detention and deportation. Lawyers for Human Rights assists refugees, asylum seekers, detainees and people at risk of statelessness. The Scalabrini Centre in Cape Town assists migrants and refugees with status problems. The South African Human Rights Commission takes complaints about Home Affairs. University law clinics in the major centres take immigration matters at no charge. You may lodge applications and appeals yourself through VFS and Home Affairs. And asylum seekers and refugees, who fall under the Refugees Act 130 of 1998 rather than the Immigration Act, should start with Lawyers for Human Rights or Scalabrini.

LawMatch is not a law firm and does not give legal advice. These figures are a guide to help you have an informed conversation with an attorney about fees.