Niki Gerneke

Partner, Head of Immigration Law


BA LLB (University of Cape Town), Masters Certificate in International Trade Law (University of Cape Town), Notary Public

Specialisations and Interests:

Niki is a commercial lawyer and a specialist in the area of corporate and commercial law. She has a particular interest in the set up of foreign-owned businesses and NGO’s in South Africa, and advises on the appropriate business vehicle and the structure thereof, the statutory obligations of the entity, the drafting of the appropriate commercial agreements to operate the entity – internally as well as those which govern its interaction with third parties. Through her involvement with company set ups, Niki has developed a specialist skill set to offer a range of immigration services to her clients.

Niki is proficient in drafting and reviewing a wide range of commercial and corporate contracts, notarial documentation inclusive of antenuptial agreements, and giving advice on consumer credit agreements. Niki has litigated with success in most of South Africa’s High Courts, the Supreme Court of Appeals, and a number of Magistrates Courts in and around Cape Town.

In terms of immigration law, Niki’s portfolio includes:
• Applications for all temporary residency visas and permanent residency permits;
• Applications for change of status / change of conditions / the renewal of all temporary residency visas
• Good Cause Applications to reinstate status
• Zimbabwean special permits and Zimbabwean exemption permits
• Applications for “waiver” of prescribed requirements
• Representations to Director-General and/or Minister of the Department of Home Affairs
• Litigation against Director-General or Minister of the Department of Home Affairs
• Advise on employer responsibilities toward foreigners
• Landlord/hotel/guest house responsibilities toward foreigners
• Applications to the South African Qualifications Authority (SAQA)

Niki is a member of the Commercial, Company, Tax and Consumer Law Committee at the Cape Law Society.

Knowledge and Insights by Niki Gerneke: