Have you ever interviewed a candidate for a position who was on a South African spousal or life partner visa? Most employers in South Africa have had a foreigner short-listed for a role, however, we all know that work visas for South Africa can be daunting, right?
We have some good news for you! When it comes to the spousal and life partner visa, it’s MUCH easier to get the candidate working rights for your organisation. All that is needed from you is a job offer.
We’ll be guiding you through the following four topics:
- We will explain and define the spousal and life partner visa category.
- Outline what an endorsement is.
- Provide insight on the requirements for a work endorsement.
- Explain the benefits to you as an employer.
1. Defining the Spousal/Life Partner Visa category
When a foreigner is married or in a relationship with a South African citizen or permanent resident, they are able to apply for a spousal or life partner visa. Below are the two types of visas you can expect to see:
- Relatives Visa: A candidate would typically come for an interview with this visa in hand. It is the standard visa that allows a spouse or life partner of a South African to reside with them in the Republic. However, please note that work is prohibited. Spouses and life partners typically apply for this first before coming to SA or in the absence of a job offer.
- Visitors Visa: We refer to this visa as the spousal or life partner visa with endorsement. It’s issued under the extended visitors section of the immigration act (section 11.6). It’s issued for a maximum of three years at a time and allows the foreigner to conduct the respective activity indicated on the visa.
2. What is an endorsement?
In essence, a relatives visa is like a long term visitors/tourist visa. It allows the foreigner to reside with their South African spouse or life partner in SA, however, no activity is permitted.
An endorsement is a game changer for spouses and life partners of South Africans. It is an extension of the conditions on their visa and there are no stringent requirements to be met. It makes it possible for a foreigner to do more than just reside in South Africa.
There are three kinds of endorsements:
- Work endorsement
- Business endorsement
- Study endorsement
3. What are the requirements for a work endorsement?
In order to apply for a work endorsement, the foreigner requires a job offer. A formal job offer or employment contract would need to be included in the application.
Unlike some of the other South African work visas, there is no need for you as the employer to advertise the position. Nor is there a need to prove that you couldn’t find a South African for the role. Typically this is the major obstacle for foreigners and employers when it comes to work visas for South Africa.
The other requirements of work visas fall away which is why this is such a great option for employers to utilise. The positive aspects for foreign spouses and life partners are:
- The foreigner will not have to demonstrate specific qualifications or experience.
- There are no restrictions in terms of the type of role that they may take up.
4. What are the benefits for you as the employer?
Many South African employers have steered clear of employing foreigners since the law change in 2014. It’s assumed that if a foreigner doesn’t fall on the critical skills list, it’ll be near impossible to employ them.
Well, we’re here to tell you that there is another pool of candidates that you can consider that is even easier to employ than those that fall on the critical skills list. Spouses and life partners of South Africans!
You won’t have to place an ad and you won’t have to motivate as to why a local could not be found to fill the position. The evaluation of foreign qualifications are also not necessary and neither is professional body registration.
All that’s required from you is extending a job offer to the foreign candidate on a spousal or life partner visa.
If you have a foreigner in mind that meets this criteria, get in touch with us!
Intergate can assist and facilitate the process for the applicant you have in mind.
For a free consultation, contact us on +27 (0) 21 424 2460 or request a free call-back. When you choose to do the latter, one of our Corporate Client Managers will contact you instead.
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We look forward to being of assistance to you!