07/October/2021
South Africa offers a number of options for those who are seeking a Work
Visa for the purposes of South African immigration.
Similar to other countries the Work Visa legislation focuses on two main
areas:
- The protection of employment opportunities for
South Africans
- The ability to recruit skilled foreign workers
into skill shortage areas or fulfil corporate requirements.
In essence regulations around Work Visas have to provide a balance between
making sure employers recruit local South Africans where possible, but allow
them to recruit workers from abroad where they are unable to do this.
Types of Work Visa
Broadly speaking there are two types of Work Visa
- Where the applicant does not have a job offer.
- Where the applicant has a job offer
Where the applicant requires a work visa and does not have a job offer:
-
Critical skills work visa – This visa is based on a
well researched list of occupations that are badly needed in South Africa.
You don’t need a job offer to apply for the
visa, and the visa enables you to enter and stay in South
Africa for 12 months to secure a position
Where the applicant requires a work visa and has a job offer
There exists three options for applying for immigration to South Africa
via a work visa where the applicant has a job offer:
-
An Intra company transfer – Where the individual is
being transferred from a branch of the company, based outside of South
Africa, to a branch of the company within South Africa. This work visa can
also be applied for by individuals
who are employees of sister companies or companies with a shared interest.
The visa allows the employee to relocate to South Africa and undertake
employment for a certain period of time and only for the specified
employer.
-
Corporate work visas – These can be applied for by organisations that have a
need to recruit a number of foreign staff over a set period of time.
Obtaining a corporate work visa is hugely beneficial to an organisation.
It not only reduces costs, but also speeds up the work visa application
process. The individuals applying ‘under’ the corporate visa do not have
to provide for many of the requirements normally associated with a work
visa.
-
General work visa – Where an individual does
not meet the criteria of any of the above work visas an application would have to made under the
General Work Visa category. According to the South African Immigration
Act, the applicant for a General Work visa has to provide a conditional
offer of employment from a South African based employer. In addition also
documentation, confirming that the employer has fully endeavoured to
employ South African citizens or residents.
Some Frequently asked questions on work visas
Can I apply for Permanent Residency with a work visa?
Obtaining permanent residency via the work visa option inevitably means
first having to not just get temporary residency but also maintain it for a 5
year period of time. Intra company transfer visa are not considered within this
5 year rule.
Can my family come with me?
Partners and dependants can accompany holders of work visas. Please note
partners are not allowed to study, work or run a business, they are simply
allowed only to accompany and stay in South Africa. They may also not be
included in permanent residency applications but may themselves apply at a
later time dependent on their relationships with the permanent resident.
What about my children attending school?
Dependant children can attend a South African school but need to first
obtain a study visa
Critical skills work visa visa for South Africa
Welcome to the critical skills work visa and visa category. For those
potential applicants for a work visa or visa to South Africa, and even those
existing work visa or visa holders, this category of work visa may well be
great news.
Introduced in the new Immigration regulations in June 2014, the Critical
skills work visa and visa saw a refreshingly forward thinking approach by the
Department of Home Affairs to attracting much needed skills to South Africa and
improving the visa and visa application process.
Some highlights of the critical skills work category include:
- It allows you to get a work visa without a job
offer.
- It allows you to enter and stay in South
Africa for 12 months to secure a position.
- Is based on a well researched list of
occupations that are badly needed in South Africa, increasing your chances
of finding a job.
- No restrictions in terms of the numbers in
each listed occupation.
- No department of labour recommendation so
quicker turnaround times.
- Deals with the professional bodies specific to
the occupation.
- Can be a pathway to permanent residence
immediately as well an immediate 5 year working visa.
- Qualification for a critical skills visa if
you completed a post graduate (Phd) in South Africa.
- Less obligation on employers.
Both permanent and temporary residency options
A temporary critical skills work visa is issued for a 5 year period of
time. After 5 years you can then apply for permanent residence. Read more here on the critical skills work visa.
If you already have 5 years experience in your occupation then there is
every chance you can immediately apply for permanent residence as well. Read more here on the critical skills work visa.
What is the key criteria for a critical skills visa or visa application?
You must feature on the critical skills list, this is firstly based on
your educational subject and then further broken down into occupations within these
educational areas.
What If I am not on the critical skills list?
There are other visa alternatives that you may qualify for and we
recommend you contact us
Great news I am on the list critical skills!
The best next step is to e-mail us and attach your CV, if you don’t
have a current CV why not call us whatsapp or email us to discuss .
. Intra-company Transfers
An Intra-company transfer is a type of work visa that allows for a staff
member to transfer from an overseas company to a branch, subsidiary or
affiliated business that is operating in South Africa.
Who should apply for an Intra-company transfer work visa?
Ideal for the multi-national company, the Intra-company work visa
(Intra-company transfer) allows for an obvious temporary immigration route for
staff members to South Africa. Employers should however note that the Intra-company
transfer option is only appropriate where the employee is required in South
Africa for a maximum period of a 4 years.
If the employee is required for longer than 4 years, the Intra-company
work visa will not be appropriate and you should view
further options here or you can contact
us to discuss your needs.
How long is the Intra-company transfer work visa valid for?
An Intra-company transfer is a temporary work visa only, and as such its
validity period is for a maximum of four years. Please note an Intra-company
transfer work visa cannot be extended.
About applying for an Intra-company transfer work visa
Importantly it should be noted that if a company is transferring an
employee to work at a location in South Africa, you must have an Intra-company
transfer work visa to enter the country. This means that the Intra-company
transfer work visa needs to be applied for outside of South Africa.
What are the employers responsibilities?
The responsibilities of the employer can be broken down into those that
the company abroad must adhere to and those that the branch, affiliate or
subsidiary in South African must adhere to.
Responsibilities of the South African branch, affiliate or subsidiary
The South African company needs to confirm:
- Acceptance of the transfer of the employee to
them in their capacity as a branch, subsidiary or an affiliate 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 at all times
comply with the provisions of the Act and
conditions of their visa.
- That 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.
- Any potential deportation costs that maybe
associated to the employee and his or her dependent family members, will
be born by the company should it become necessary.
- That the employee holding the intra-company
transfer work visa will have at all times a valid passport for the
duration of his or her employment;
The South African branch, affiliate or subsidiary also needs to
demonstrate that they have an appropriate plan in place for the transfer of
skills from the Intra-company work visa holder to a South African citizen or
permanent resident holder.
Responsibilities of The South African branch, affiliate or subsidiary
The application will need the company abroad to demonstrate the
following:
- The employees contract of employment (with the
company abroad) is valid for a period of not less than six months.
- Confirmation that the applicant shall be
transferred to a branch, subsidiary or an affiliate of that company in
South Africa.
- That the employee will not be staying in South
African more than 4 years.
What you need to apply for an Intra-company Transfer
The application would need to include:
- A completed temporary visa application form.
- A valid passport must with an expiry date no
sooner than 30 days after the expiry of your intended visit.
- Proof of financial means to cover living
expenses until you receive a salary in the form of:
- bank statement;
- cash available, or
travellers’ cheques.
- A medical and radiological report.
- A vaccination certificate, if required.
- A police clearance is required from every
country where you lived for 12 months or longer since the age of 18 years.
NB – different consulates and embassies have different requirements
regarding the application content for an Intra-company transfer work visa. An
example of this is that some require a certified copy of the employee’s birth
certificate. Care needs to be taken to ensure that all information and
documentation (as required by the specific embassy) is included within the
application.
Can partners and dependants accompany the employee?
Yes they can. Partners would need to apply for an accompanying visa
whilst dependants of a school age would require a study visa.
Can permanent residency be applied for with an Intra-company transfer
work visa?
No application can be made for permanent residency purely as a result of
holding an intra-company work visa.
That said, applications for permanent residency can be made by those
individuals who have held a work visa for 5 years and the period you have held
an intra-company work visa for counts towards this time period.
Therefore if you have previously held, or subsequently hold, another
type of work visa for 12 months or more, this combined with 4 years on an
Intra-company work visa would allow for a permanent residency application.
Work Visa – General
A General Work Visa South Africa, is one of 5 types of work visa
categories that you can make a work visa application under.
Unlike the others types of work visa, the general work visa requires
that the employer has made every attempt to try to fill their vacant position
with either a South African Citizen or permanent resident.
Below we give you 10 important facts you need to know about a General
Work Visa South Africa.
1. Background to a General Work Visa South Africa:
The whole basis on which general work visa are issued is two fold: To
protect South African labour by ensuring that positions filled by foreign
workers can not be met through locals. To enable companies to recruit foreign
workers where they are unable to locally.
2. Who should apply for a General Work Visa South Africa?
Applicants for a general work visa should first ensure that they do
not meet the qualifying criteria for any of the other
work visas. This can be done by taking advantage of our free assessment. In addition they shouldn’t be
applicants who are being transferred by their
employer from an international branch or whose employer holds a
corporate work visa.
3. Do spouses and partners need to apply for a general work visa?
No general work visa application is required for spouses or partners of
South African citizens or permanent resident holders. The correct visa
application for spouses and partners is a spousal or partner visa. This visa
can then be endorsed to allow the applicant to work for a specific employer.
4. What is the basic qualifying criteria for a general work visa?
The following will be required for a general work visa application:
- Job offer and acceptance.
- CV.
- Proof of the employer’s attempts to first
recruit a South African permanent resident or citizen for the position.
- SAQA registration, confirming the applicant’s
qualifications.
- Proof of good health and character.
5. Where can applications be made?
Applications for a general work visa should be made at the embassy or in South Africa or consulate in the applicants
home country. Renewing of a general work visa can take place in
South Africa.
6. Can spouses and partners of general work visa holders also work?
Only the holder of a general work visa is entitled to work. An
accompanying partner or spouse visa can be applied for but this only allows for
entry and stay in South Africa. Should the spouse or partner also wish to take
up employment they would need to apply for the appropriate work visa
themselves. Also children would need to have separate applications made for study visa.
7. How long does the application process take?
Time frames for processing general work visa vary greatly. Once the
application has been submitted it generally takes around 8 – 12 weeks but
delays in this are common. Please note that compiling the application also
takes some time as adverts must be run and SAQA obtained.
8. How long is a general work visa valid for?
The validity period can vary but is typically between 2 and 4 years.
General work visa can also be extended by a making a further application
towards the existing general work visa expiry date.
9. Can I apply for permanent residency with a general work visa?
The first step is to secure temporary residency and you cannot apply
straight away for permanent residency. However once you have held your general
work visa for a unbroken period of 5 years you may apply for permanent
residency.
10. What comes first the job offer or the work visa?
Prospective immigrants to South Africa are often frustrated as they
attempt to secure jobs. Often employees will not entertain the prospect of
offering positions to foreigners who are not in possession of a work visa. Some
of this is down to not understanding the process. You can however increase your
chances of success. Start the process by obtaining your SAQA and informing the
prospective employer that you have started the work visa process and retained
an immigration company already.
Working in South Africa: Is SA a good place to work?
Considering living and working in South Africa? Then you probably have a
lot of questions.
It’s quite normal too! After all, you’ll move yourself and perhaps even a
family to a brand-new country. A country that maybe you haven’t even visited.
To help you get some clarity, we’ve answered seven common questions
around working in South Africa. We also share resources to other helpful
websites at the end of the article.
1. Is South Africa a good place to work?
In our opinion? Yes, South Africa is definitely a good place to work.
Let’s list some reasons for you:
- Many South African employers have shifted to remote
work or hybrid work, where employees work from both the home and the
office, during the COVID-19 pandemic.
- Your rights as an employee are protected
by the Basic Conditions of Employment Act. Under this Act, you’re entitled
to, among other things, annual leave, maternity leave, sick leave, and
family responsibility leave.
- You’ll find many of the world’s top employers in our big cities.
These are companies like Amazon, Deloitte, Google, Microsoft, Ernest and
Young, and General Electric.
- Homegrown South African companies are also great
employers! Five South African companies featured in Forbes’ ranking of the 750 best companies to
work for worldwide:
- Aveng (Construction, Oil
& Gas Operations, Mining and Chemicals)
- Discovery Holdings (Banking
and Financial Services)
- Old Mutual (Banking and
Financial Services)
- Absa Group (Banking and
Financial Services)
- Sanlam (Banking and
Financial Services)
- Cape Town is one of the world’s most
exciting tech cities:
- The Mother City was named
one of the 30 best tech cities in the world
in 2019’s Savills Tech Cities Index – and it was the only African city on
the ranking!
- Cape Town is also
considered Africa’s ‘startup capital’.
In 2020, a total of USD88 million (roughly
R1.2 billion) disclosed investments were inject into tech
start-up in the City of Cape Town across 46 deals.
- South Africa is one of the most beautiful
countries in the world! With miles of coastline, pristine beaches,
mountains, wine routes (yes, plural), nature reserves and more we really
have it all. You’ll hardly have reason to leave the country!
2. Can foreigners work in South Africa?
Yes, foreigners can work in South Africa – if you hold a visa that
allows you to do so. These are the visas that allow you to work in South
Africa:
Critical Skills Work Visa
The Critical Skills Work Visa
enables foreign nationals who meet the requirements of the critical skills list to work in South Africa. You
don’t need to have a job to apply for a Critical Skills Work Visa but once you
have your visa, you have to find employment within 12 months.
General Work Visa
This work visa enables foreign
nationals to work in South Africa but it has strict requirements. The most
important of those criteria are the following:
- The employer must be able to prove that they
advertised the position you want to fill and that they could not find a
South African citizen or permanent resident for the position.
- You must have a formal job offer from a South
African employer to apply for a General Work Visa.
Intra-company Transfer Work Visa
The Intra-company Transfer Work Visa
enables a multinational company overseas to send staff to a branch, subsidiary
or affiliate in South Africa. Your employer must apply for this visa.
Corporate Visa
The Corporate Visa is for South
African registered companies or branches and it offers the possibility to
employ great numbers of employees from abroad for a limited time, all under the
remit of one application.
Exchange Visa
If you’re under the age of 25, you can apply for an Exchange Visa to work in South Africa. It’s a
great way to test the waters, so to speak.
Of course the Exchange Visa does have conditions:
- You may only work in South Africa for up to
one year
- You may only work for the company listed on
your visa
Spousal and Life Partner Visas
The Spousal and Life Partner Visas aren’t strictly speaking work
visas but you can work in South Africa with an endorsement
on your Spousal or Life Partner Visa.
3. Is it hard to find work in South Africa?
Let’s not beat around the bush – South Africa’s unemployment rate is
high. There are literally millions of people without jobs at the moment.
However, we’d hazard a guess and say a large portion of South Africa’s
unemployed are experienced in ‘general jobs’. In other words, occupations where
it’s extremely difficult for a foreign national to get a work visa.
The flipside of the coin is that many skilled people are emigrating.
These professionals leaving create gaps in our labour force in areas where
South Africa is actively recruiting from overseas using the critical skills
list.
Let’s also keep in mind that the Critical Skills Work Visa and the
General Work Visa often take months to finalise. Unfortunately, employers
aren’t always willing to wait that long for an employee.
Our advice is to search for South African recruitment agencies who are
familiar with assisting overseas job applicants. You could also use your
network to find South African companies who are comfortable with employing
candidates from overseas. Your third solution could be to ask for a transfer if
your employer has a branch in South Africa.
4. What are the most common jobs in South Africa?
The most common jobs in South Africa are not necessarily what will lead
to a successful visa application for you as a foreign national.
You must instead look at what sectors drives South Africa’s economy. It
is in those sectors where you’ll find many of South Africa’s critical skills:
South Africa’s key economic sectors
The most significant contributors
to South Africa’s economy are:
- Mining
- Finance
- Trade
- Transport and Communication
- Personal Services
- Manufacturing
- Government
- Construction
What about South Africa’s fastest growing industries?
It could indeed also be worthwhile to check out South Africa’s fastest growing
industries. The demand for talent in these industries might outstrip the
supply.
In 2021, these 10 sectors are outshining the
rest in South Africa:
- Finance and banking sector
- Communications and information technology
- Transport and logistics sector
- Mining industry
- Agriculture and agro-processing
- Pharmaceuticals and healthcare sector
- Insurance sector
- Real estate sector
- Automobile sector
- Fashion and beauty sector
If you’re an entrepreneur in one of these sectors, you can run a
business in South Africa with a Business Visa.
5. What jobs are in demand in South Africa?
For the answer to this question, as a foreign national looking to work
in SA, you must again look to the critical skills
list.
This list contains over 100 occupations across 12 industries and
categories. Each of these occupations, industries and categories have been
given the green light by the Department of Home Affairs because there aren’t
enough local suitable candidates.
And, as explained earlier, if you meet the
requirements of the critical skills list, you’ll be eligible to apply for a
Critical Skills Work Visa.
www.samigration.com