South African employers who enlist the services of immigration consultants don’t need to know the Immigration Act back to front. That’s the job of the consultants.
However, it’s helpful to understand the basic requirements associated with work visas when employing foreigners. That’s why we’re sharing the basic requirements of each South African work visa with you below.
1. Critical skills work visa
The critical skills work visa is for highly skilled individuals. To apply for this visa, foreign nationals must:
- Have an occupation that appears on South Africa’s critical skills list, which lists occupations that are in need of overseas talent to fill labour gaps
- Have a formal job offer from a South African employer
- Register with the relevant professional body and receive a letter of support endorsing the foreign national for a critical skills work visa
The South African employer’s only responsibility is to extend a job offer. The offer must include a job description and details about remuneration, leave entitlement, work hours, and the termination period.
2. General work visa
The general work visa enables South African employers to employ foreigners, but employers must prove they could not find a South African to fill the advertised role.
For this reason, the first step in the General Work Visa process is the employer submitting an application to the Department of Labour (DOL) for a Recommendation.
The DOL will assess its database of unemployed South Africans and forward these CVs to the employer. The employer must assess the CVs and interview candidates for the role in question.
The employer must then provide feedback to the DOL as well as any other evidence demonstrating that the role cannot be filled by a South African. The employer could submit, for example, proof of recruitment activities and letters from professional bodies.
As part of the adjudication process, the DOL will conduct an inspection of the employer’s premises to confirm that the employer meets the requirements of the Basic Conditions of Employment Act and the Occupational Health and Safety Act.
Once this first step is complete, the DOL will issue its recommendation. Please note that this process can take months to complete.
On their part, the foreign national is required to do SAQA registration and receive a confirmation of qualifications. They must also have a formal job offer from a South African employer, which must:
- be in accordance with the Basic Conditions of Employment Act,
- include a job description and details about remuneration, leave entitlement, work hours, and the termination period, and
- be signed by the employer and the applicant.
3. Intra-company transfer work visa
The intra-company transfer work visa, or ICT work visa, enables companies abroad to send staff to a South African branch or subsidiary.
The overseas employer must demonstrate that the employee:
- has worked for them for more than six months, and
- won’t stay in South Africa for longer than four years.
The overseas employer must also confirm that it will transfer the applicant to a branch or subsidiary of that company in South Africa. The purpose of this requirement is to prove the nature of the relationship between the companies, which is usually done with organograms, company registration documents and shareholding information.
The South African company must confirm:
- Acceptance of the transfer of the employee to them in their capacity as a branch or subsidiary of the company abroad
- That the employee will only be employed in the specific occupation and capacity for which the intra-company transfer work visa was granted
- That the foreign employee will always comply with the provisions of the Act and conditions of their visa
- They undertake to immediately notify the Director-General if the employee does not comply with the provisions of the act or conditions attached to the visa
- That the employee holding the intra-company transfer work visa will always have a valid passport for the duration of his or her employment
- That an appropriate plan is in place for the transfer of skills from the visa holder to a South African employee
Any potential deportation costs that may be associated with the employee and their dependent family members will be borne by the South African company should it become necessary.
4. Endorsements on spousal and life partner visas
Spouses and life partners of South Africans with temporary residency are allowed to work in South Africa with an endorsement on their visa. To apply for an endorsement, the applicant must have a formal job offer from a South African employer.
5. Exchange visa
The South African exchange visa enables foreign nationals under the age of 25 to work in South Africa. The conditions are that the visa holder only works for the company noted on the visa and for only a year.
The main requirements of the exchange visa rest with the South African employer, who must:
- Certify that the position exists and commit to:
- Remunerating the visa holder in line with the legal requirements
- Seeing to the visa holder’s welfare and needs while they’re in South Africa on their exchange visa
- Reporting any failure on the visa holder’s part to comply with the conditions of their visa to the Department of Home Affairs
- Ensure that the visa holder only does work that is allowed by their visa
6. Corporate workers visa
South African employers who want to employ a group of foreign nationals for a project can apply for a corporate workers visa.
Successful applicants receive individual corporate workers certificates to issue to each foreign national. The foreign nationals will use their certificates to apply for individual corporate workers visas.
In addition to the individual corporate workers certificate, the foreign national applicant must have the following to apply for their visa:
- A formal employment contract
- Proof of your qualifications
- Proof of registration with a professional body, if applicable
7. Short-term work visa
The short-term work visa, or the Section 11(2) visa, lets foreign nationals come to South Africa for short-term work activities or business visits, such as conferences, launches, meetings, seminars, training, installations, etc.
It is required to apply for a Section 11(2) visa prior to travelling to South Africa:
- The applicant must meet South Africa’s visitor visa requirements.
- The host organisation in South Africa must supply the letter of invitation that was extended to the foreign national. It is advisable to include details of the project, conference, training, maintenance work, etc, where applicable.
Please note that the Section 11(2) visa is issued for a maximum of 90 days, but it’s possible to extend the visa for a further 90 days inside South Africa for a maximum possible stay of 180 days.
Contact us for more information
Please feel free to speak with one of our corporate immigration consultants if you need clarification on any work visa requirements or your responsibilities in the work visa application process.
You can reach us on 021 424 2460 or request a free call back. Our consultants have years of experience in South African immigration matters, so they’re in the perfect position to assist you.