South Africa Working Visas / South Africa Working Visas
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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