The intra-company transfer work visa for South Africa is as the name suggests – it is a visa that enables multi-national companies to transfer overseas staff to a branch in South Africa. It could also be a transfer to an affiliate or subsidiary and it could be to a business being set up or one that has been existence in South Africa for a while.
The purpose behind the visa is specifically the transfer of skills and knowledge. The Department of Home Affairs considers this a temporary arrangement and thus the intra-company transfer work visa is valid for a maximum of four years. Businesses that need an employee to stay with the South African corporation for longer should look into other options available to them.
Responsibilities of the South African branch, affiliate or subsidiary
In simplified terms, the South African Department of Home Affairs consider a foreign employee working in South Africa on an intra-company transfer work visa to be in the care of the branch, affiliate or subsidiary that’s employing them. This makes them responsible for the foreign employee in many ways:
- The South African branch, affiliate or subsidiary must first and foremost accept the transfer of the foreign employee from the company abroad.
- The South African employer must ensure that the foreign worker is employed in the specific occupation and capacity for which the intra-company transfer work visa was granted.
- The South African employer must see to it that the foreign employee complies with the provisions of the Act and the conditions of their visa at all times. Should any provisions or conditions be breached by the foreign employee, the South African employer must notify the Director-General immediately.
- The South African employer undertake to ensure that the foreign employee has a valid passport for the full duration of their employment.
- Any potential deportation costs that may be associated to the employee and their dependent family members will be carried by the company, should it become necessary.
With regards to the contract, South African companies employing foreigners on an intra-company transfer work visa must show that the employment contracts are valid for a period not less than six months.
Responsibilities of the multinational company abroad
The overseas company also has responsibilities in the intra-company transfer work visa. The company must be able to demonstrate the following:
- The employees contract of employment (with the company abroad) is valid for a period of not less than six months.
- Confirmation that the applicant shall be transferred to a branch, subsidiary or an affiliate of that company in South Africa.
- That the employee will not be staying in South African more than 4 years.
Partners and dependants
Let Intergate help you with the intra-company transfer work visa for South Africa
To find out more about how Intergate can assist your business, please contact us on +27 (0) 21 424 2460 to speak with one of our corporate client managers. You could also request a free call back and we will contact you instead.
Since our inception in 2005, Intergate’s corporate team has enabled many multi-nationals to obtain intra-company transfer work visas for their staff to South Africa. As South Africa’s only immigration company with ISO 9001 certification, we are definitely in the perfect position to assist you too.