Our Case Studies
Delivering clarity and control in complex immigration cases where outcomes truly matter.
View Who This Matters For:
With us, success is results, not volume. We navigate complex legal rules, personal risk, business urgency, and evolving Sub-Saharan African immigration policies to deliver predictability and defensible outcomes in high-stakes matters.
Case studies demonstrate how we:
Spot immigration risks early
Build compliant solutions quickly
Coordinate cross-border stakeholders
Restore legal status, travel freedom, and business confidence
CASE STUDY 1: INDIVIDUAL
Regularisation of an Unlawful Stay & Employer-Sponsored Work Authorisation
Category: Individual Immigration | Status Regularisation | Employer-Sponsored Work Visa
Jurisdiction: South Africa
Stakeholders: Foreign National, South African Employer (Construction), DHA
Background
A foreign national, educated in South Africa and holding a post-secondary qualification in Civil Engineering, had remained in the Republic without valid immigration status following the expiry of previous permissions. Despite being employable and supported by a South African employer, the client faced a high-risk unlawful presence, exposing both the individual and the employer to legal consequences.
The matter required urgent intervention to prevent enforcement action while restoring lawful status through a compliant pathway.
Core Challenges
Unlawful presence with no valid temporary residence
No prior formal employment history within field of qualification
Employer unfamiliar with sponsorship and compliance obligations
High refusal risk due to immigration history
Our Strategic Approach
Audited immigration status, education, stay timeline, and legal risks. Designed a compliant pathway balancing enforcement risk and approval chances. Our team:
Assessed employer-sponsored work visa eligibility
Drafted a defensible explanation for unlawful stay without misrepresentation
Assisted employer with compliance documents and undertakings
Sequenced actions to reduce refusal and enforcement risk
Why This Case Matters
This case demonstrates that unlawful presence does not automatically mean permanent exclusion — but only where intervention is legally precise and strategically timed.
For employers, it highlights the risk of informal hiring and the importance of understanding sponsorship obligations before engagement. For foreign nationals, it underscores that education and employability alone are insufficient without lawful status and compliant sequencing.
Most importantly, the case illustrates how early legal diagnosis and employer alignment can convert a high-risk situation into a defensible, compliant immigration outcome — without misrepresentation or regulatory shortcuts.
Outcome
Submitted a compliant employer-sponsored work visa application
Completed employer onboarding with full regulatory awareness
Client moved from unlawful status to a lawful application
Reduced risk of enforcement action
CASE STUDY 2: EMPLOYER
Immigration Audit, Risk Mitigation & Workforce Compliance Training
Client: HorizonTech Solutions (Pty) Ltd
Sector: Information Technology & Digital Services
Jurisdiction: South Africa
Audience Focus: Employers / HR / Compliance Officers
Background
HorizonTech Solutions, a mid-sized South African technology firm, employed a growing number of foreign nationals across specialist IT roles. While the company had made efforts to comply with immigration requirements, it had never conducted a formal immigration audit and relied heavily on fragmented advice over the years.
With increased internal restructuring and the onboarding of new foreign employees, senior management sought assurance that the company’s immigration practices were compliant, defensible, and aligned with current regulatory expectations.
Core Challenges
No consolidated visibility of employee immigration status across departments
Inconsistent document management and expiry tracking
Exposure to regulatory risk during potential Department of Employment and Labour or Department of Home Affairs inspections
Limited understanding among HR and line managers of employer obligations under immigration legislation
Our Strategic Approach
Ostabet Africa was appointed to conduct a full immigration compliance audit, followed by tailored employer training.
Our approach included:
A comprehensive review of all foreign national employee files
Verification of visa categories, work authorisations, conditions, and expiry dates
Identification of compliance gaps and high-risk exposures
Development of a corrective action roadmap aligned to operational realities
Delivery of a customised immigration compliance training session for HR and management
Outcome
All immigration risks were identified, categorised, and addressed
Corrective actions were implemented without disrupting business operations
HR teams gained clarity on lawful hiring, renewals, and compliance monitoring
The employer established a defensible immigration compliance framework
Why This Case Matters
This case demonstrates the importance of proactive immigration governance for employers. Immigration compliance is not merely an administrative exercise — it is a risk management and business continuity function. Proper audits and training protect employers from penalties, reputational damage, and operational disruptions while enabling lawful access to global talent.
CASE STUDY 3: BUSINESS INVESTOR
Business Visa Strategy with Capital Requirement Waiver
Client: Michael Anderson
Nationality: United Kingdom
Sector: Renewable Energy Services
Audience Focus: Business Investors / Entrepreneurs
Background
Michael Anderson, a foreign investor, sought to establish a new business in South Africa within the renewable energy sector. While commercially viable and aligned with South Africa’s development priorities, the proposed business did not initially meet the prescribed minimum capital investment threshold for a Business Visa.
The client required a lawful and strategic pathway to proceed without compromising compliance or viability.
Our Strategic Approach
Ostabet Africa adopted a phased, policy-aligned strategy rather than a one-size-fits-all application.
Our work included:
Assessing the proposed business against national development objectives
Advising on sector positioning aligned with preferred industries
Preparing and facilitating a Business Visa application with a capital waiver recommendation
Drafting a comprehensive written representation addressing economic contribution, skills transfer, and job creation
Pursuing a formal waiver of the capital requirement
Upon approval by the Minister of Home Affairs, preparing and submitting the final Business Visa application
Core Challenges
Shortfall in the minimum capital investment requirement
Need to align the business model with national economic priorities
Requirement for a compelling motivation to support a capital waiver
Multi-stage approval process involving policy alignment and ministerial discretion
Outcome
Capital requirement waiver granted by the Minister of Home Affairs
Final Business Visa application submitted and approved
Business Visa processed within 12 weeks
Investor lawfully established and operational in South Africa
Why This Case Matters
This case illustrates that South Africa’s immigration framework allows for lawful flexibility where applications are strategically positioned, policy-aligned, and well-motivated. Investors are not locked out by rigid thresholds — provided the business delivers measurable economic value and is presented with technical precision.
CASE STUDIES ARE BASED ON REAL MATTERS HANDLED BY OSTABET AFRICA. CERTAIN DETAILS MAY BE ANONYMISED TO PROTECT CLIENT PRIVACY. OUTCOMES DEPEND ON INDIVIDUAL CIRCUMSTANCES AND REGULATORY DISCRETION.
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