South
Africa Working Visas
South
Africa seeks highly skilled individuals to live and work in SA.
SA
Migration Services will provide professional assistance to arrange your work
visa for you if you qualify.
Work
Visas are regulated in terms of Section 19, Regulation 18 and items 18 (1),
19(2), 20, 21 and 22, of Schedule A.
There are
three common types of Work Visas:
- General Work Visa
- Inter Company Transfer Visa
- Critical Skills Visa
General
Work Visa
Under the
General Work Visa there are very strict requirements. The South African
government, although trying to promote work and trade in South Africa,
recognize the need to give South Africans the chance to obtain employment ahead
of any foreigner.
You will
have to prove that you are the only person who can fill that position and that
no other South African can play that role. This is done by placing an advert in
a national newspaper advertising the position.
A
Department of Labour report would need to be obtained.
You will
also need to have a job offer/contract from your future employer.
The most
important part of the process is skills assessment by SAQA (South African
Qualifications Authority) in SA which evaluates your formal qualifications and
compares them to a SA qualification. This process is mandatory and for this we
would need your academic transcripts and award diplomas. Note under the
regulations provision is made for the recognition of work experience in the
absence of formal qualifications and this therefore makes provision recognition
of prior work experience (RPL).
This is a
paper based system which merely compares the foreign qualifications and arrives
at an equivalent qualification in SA, and if qualified in SA then no SAQA
needed.
Next your
employer has to prove that you are the only person that can fill the position
and no other South African can fill that role. This is done by placing an
advert in a national newspaper advertising the position.
Please
note the work Visa is issued in the name of the employer so the person is tied
to the employer. If they change the job they will require a new work Visa.
There is
some good news for people who are qualified through work experience only and
they can qualify if they don’t require formal qualifications, ie SAQA.
Inter
Company Transfer Visa
An intra-company
transfer work Visa may be issued by the Department to a foreigner who is
employed abroad by a business operating in the Republic in a branch, subsidiary
or affiliate relationship and who by reason of his or her employment is
required to conduct work in the Republic.
An
important factor is that the applicant has to have been employed with the
company abroad for a period of not less than 6 months.
The Intra
company transfer is not designed to be a long term visa. The idea is to bring
in foreign workers employed by the company abroad with a branch or subsidiary
branch here in South Africa; they work or conduct training for four years, and
then return home.
This Visa
does not require the hassle of proving the company could not find suitable
applicants and it does not require the hassle of verifying an applicant’s
formal qualifications. It is based purely on employment. If you are a company
that needs to transfer in foreign employers, please contact us and we will make
this go as smoothly as possible.
It is
important to note that this category of work Visa cannot be granted for more
than four (4) years and this type of Visa is not extendable.
Critical
Skills Work Visa
The
Critical Skills Visa South Africa is for skilled workers whose occupation is on
the Critical Skills Visa List for South Africa. This list reflects the
occupations that are in demand in South Africa.
The newly
published "Skills or qualifications determined to be critical for the
Republic of South Africa in relation to an application for a Critical Skills
Visa or Permanent Residence Visa"
This
category of work visa may be issued to an applicant who falls within a specific
professional category or specific occupational class determined by the Minister
by notice in the Government Gazette. This is done after consultation with the
Minister of Labour and the Minister of Trade and Industry.
If an
applicant falls within one of the professional categories listed on the critical
skills list and also has the appropriate post qualification working experience
in that profession then such applicant may qualify to apply for this category
of work Visa.
The
applicant also needs to where applicable register with the relevant South African
professional accreditation body regulating that industry as stipulated by
Minister of Home Affairs. Such body must also confirm the applicant’s skills,
qualifications and working experience.
Furthermore,
such applicant’s qualifications need to be evaluated relevant to a South
African level. An applicant for a Critical Skills Visa may enter South Africa
on such visa without having secured a job offer first. It is, however, required
of the applicant to confirm employment with the Department of Home Affairs
within a period of one (1) year upon arrival in South Africa, failing which,
the Visa would automatically lapse.
The
Critical Skills Work Visa is tied to an individual and not to an employer so
under this Visa a person can leave from one employer to the next without
obtaining a new work Visa.
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