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Moving back to SA from UK......

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OldCapetonian
7/24/2012 05:41 EST

I need someone to please point me in the right direction or perhaps advise?

My UK Settlement VISA was obtained in 2010 and we moved over to the UK in July 2011 for an indefinite period to assist with my wife's 88-yr old mum.
Sold our cars and motorcycle as well as furniture in SA - rented our house out and closed our business before moving.

During the process (before the move) I purchased a replacement 2nd Hand Motorcycle here in the UK in May/June 2011 during a visit to sort things out....
On arrival the end of July - we also purchased a 2nd hand Ford Fusion car to be able to transport the old lady around.

With my Settlement Visa - I was entitled to get Full Spousal Permanent Residency and a Work Permit........

Life here with the mother-in-law has been hell on earth for a year now. She's actually a really nice person - however Altzheimers and dementia is causing the problems that is putting a huge strain on our marriage and my wife (the Brit) wants to move back to Cape Town in November this year.

Now here's where the query comes in!

Technically - we did not Emigrate from SA. We still have our bank accounts but made sure we had settled all accounts and any SARS payments etc that was due before leaving - the time nad urgency of us getting over here did not offer sufficient time to go and jump the hoops for emigration.

Living over here for a year - having my bike registered - V5 as Keeper and Owner and insured since June 2011 means that it's been in my name for longer than a year by the time we go back.

Would I still qualify for duty-free import to SA when we go back?

As mentioned - I have Permanent Residency in the UK... but the Emigration issue worries me....

We'd probably need a container or at least half of one to take all the stuff we have accumulated back to SA......

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pwolivier
8/24/2012 07:39 EST

Hi There,

Im in the same boat as you regarding the emigration issue.

I have been living in the UK for 9 years and own a car which I want to take back with me to SA but I didnt follow the emigration steps and still have my house/bank account in SA.

Did you get an answer regarding whether we will qualify for duty-free import to SA

Thank you

Regards

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IntergateImmigration
8/24/2012 10:18 EST

Hi,

Feel free to contact Mark Wilkes, our UK client manager. We will be delighted to answer your question. You can email him at mark@intergate-immigration.com or use the form at https://www.intergate-immigration.com/south-africa-eligibility-assessment/enquiries.php

Best regards

Claus

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OldCapetonian
8/24/2012 13:36 EST

Howdy .. well after numerous calls to SARS and Customs as well as Cheryl Sandmann (www.sandmann.co.za - she does vehicle import/registrations) the buzz is that there are 2 ways of doing this.

The main criteria for importing a vehicle into SA is that we must have been living outside SA for longer than 6 months.

1. If we want to import the vehicle without paying duties - you have to show that your intent was to permanently reside outside SA. You should have proof of Permanent Residency outside SA and the vehicle must have been registered in your name and used by you for a period longer than 12 months.
There should be evidence that you "left" SA permanently... so Bank statements, property rental, a letter from employer etc in the UK.

Here's the part that I don't like.
You must show evidence that on returning to SA permanently - you have closed all your UK ank accounts, cancelled your UK Tax & NHS benefits. You also have to provide the SA officials with an affidavid that you denounce Residency in the UK - and you have to hand your Residency papers/card to them with the letter and they will then end those back to the UK.

Now it cost me over 2400 Pounds for my Permanent Residency and Work Permit. We also have family over here and used to travel to the UK at least 2 - 3 times a year.

With the fraud commited by SA Home Affairs by handing out SA ID's and citizenship to Nigerians and other non-SA citizens... and they using it to gain easy access into the UK (remember we did not have to get a Visa up until a few years back) - There is now a huge issue involved in getting a visitors Visa at the cost of R1000/time to visit the UK. So it would cost me R3k per year for our visits...... so no ways I'm going to "lose" the card that allows me free access!
You are also not allowed to sell the vehicle for a period of 32 years.... and you may not leave SA for a period of longer than 3 months in a year to travel or for holidays....otherwise the car will not be deemed for personal use.

2. The other option is that you skip the duty-free issue.

Apparently you are allowed to import a car full stop... if you were out of the country for a period of 6 months or longer, are returning to SA with the vehicle that you have had registered in your name.

For a Motorcycle there is no duty - but a 7% Ad Valorum and 14% VAT to pay.
I was advised that this way I'd not have to give my Residency Docs back .... as I'd not be claiming a rebate under the section for returning residents.
This seems to work the same way as if you are a SA resident and want to import a car from outside the country...?

Very difficult indeed to merely sit down or chat with someone that can advise based on the facts.

SARS are useless and after speaking to 3 different people - they all say no problem... we understand - then all send me the same PDF file that actually tells me nothing!

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