WORK PERMIT IN SOUTH AFRICA / SOUTH AFRICA WORK VISA

South Africa Info — Tue Mar 13, 2007 11:28 am

Author: South Africa Info

Posted: Tue Mar 13, 2007 11:28 am

WORK PERMIT IN SOUTH AFRICA

WORK PERMIT

A new South African Immigration Act and Regulations came into effect on 7 April 2003. A foreign national who wishes to engage in employment in South Africa must apply for and obtain a Temporary Residence Permit from the Consulate or Diplomatic Representative with jurisdiction over the applicant's usual place of residence.

The following is a general summery of the types of employment visa categories that are common to international corporate transfers to South Africa.

"Regularisation" of immigration status from Visitor status to Work Status

As of writing, a foreign national employee may NOT convert his or her immigration status from a Visitor status to Work status while remaining in South Africa (periodically, the Department of Home Affairs has been known to relax this rule). The initial work permit application must be made at a South African Consulate or Embassy with jurisdiction over the applicant's usual place of residence.

Type of Work Visas

There are a number of different categories of Temporary Residence Permit. These include:

· Work: Quota;
· Own Business;
· Corporate Worker;
· Study (> 3 months);
· Relative's;
· Student Exchange Program;
· Cultural/economic/social exchange program;
· Work: General;
· Intra-company transfer;
· Exceptional skills;
· Medical (> 3 months);
· Retired person;
· Work Exchange Program; and
· Treaty.

Employees of corporate entities with operations in South Africa who will temporarily transfer to the South African business will typically fall within the Intra-company Transferee category.

Intra-company Transfer Visa

The General Process
Intra-company Transferee permits can be filed directly at the South African Consulate of the Diplomatic Representative with jurisdiction over the applicant's usual place of residence.

Intra-company Transferee permits are company-specific, and a foreign national who has been allowed to enter South Africa for employment is not permitted to accept a position with another employer.

Basic Requirements to Qualify
To qualify, an employee must already work for the company, and be transferred to the company's South African subsidiary, branch or affiliate. In general, the migrations authorities have not set a minimum level of experience required immediately prior to the employee's transfer to South Africa.

Documents required for an Intra-Company Permit
Please note that the South African Consulate and/or authorities reserve the right to request additional information and/or documents.

1. Completed Temporary Residence Permit form.

2. Completion of Sections 13(1), (6) and (7) of the application form by the company in South Africa.

3. Letter of Support from home country employer detailing the nature of the proposed activities and confirming that the employee will be transferred to a branch/affiliated South African company.

4. Letter of support from South African company confirming the transfer from the parent/affiliated company abroad, as well as specifying the occupation and capacity in which the employee will be employed, and also confirming that the maximum duration of the assignment will not exceed two years.

5. Certification by a chartered accountant acting on behalf of the South African company that the company needs to employ the foreign national and outlining the foreign national's job description.

6. Certification by a chartered accountant in South Africa that the foreign national will not be employed on terms and conditions inferior to those applying to citizens and residents of South Africa, and that the applicant possesses the legal qualifications required for the job.

7. Two passport style photographs.

8. Original passport valid for no less than 30 days after the expiry of the intended stay in South Africa and containing at least one completely blank visa page.

9. Current resume.

10. Copy of academic credentials.

11. Completed medical certificate.

12. Police clearance certificate for all applicants 21 years and older from all countries where the applicant has resided for one year or longer.

13. Application fee.

General Processing Time
The normal time to assemble the corporate and employee's personal documentation is approximately three to four weeks. One the application is filed at the South African diplomatic mission, processing time is approximately two weeks.

Validity of the Work Visa
The intra-company transfer permit is valid for up to two years. Validity is dependent on the length of assignment indicated on the application form but will not exceed two years.

Non Intra-company Transferees

For those companies that do not have an office in South Africa, and whose employees will perform work on the basis of a contract with a South African business, no Temporary Residence Permit will be required. The employee will need to apply for a visitor visa which will be endorsed for work. The application will consist of the following:

1. Completed Visitor Visa form

2. Two passport-style photographs

3. Original passport valid for no less than 30 days after the expiry of the intended stay in South Africa and containing at least one completely blank visa page.

4. Letter of support for the home country employer stating the reasons for entry and describing the nature of the proposed activities.

5. Letter from the South African business confirming the contract and the work to be performed.

6. Resume.

7. Copy of academic credentials.

8. Flight itinerary.

9. Application fee.

Residence Registration Requirements

No residence permit or residence address registration required after arrival into South Africa.

FAMILY AND DEPENDENTS

Spouse and Children

Immediate family members who are accompanying Temporary Residence Permit holders may simultaneously apply for "Visitor Visa" status, which has the same validity as the Temporary Residence Permit holder.

Children wishing to attend school in South Africa must obtain a study permit. This can be obtained from the Department of Home Affairs in South Africa once a school has been identified and a letter of acceptance has been provided.

Unmarried Partners (Opposite Sex)

Unmarried partners of the opposite sex are recognized as dependents under South African immigration regulations.

Unmarried Partners (Same-Sex)

Unmarried partners of the same sex are recognized as dependents under South African immigration regulations.

Ability to Work

Spouses of Temporary Residence Permit holders or Visitor Visa holders may not work in South Africa unless they obtain a work permit through their own prospective employer.

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WORK PERMIT IN SOUTH AFRICA / SOUTH AFRICA WORK VISA