In times like this, we are often completely clueless about what we need to do once the employee has left the business.
Today, we discuss the steps you need to take when an employee has left the business.
How to cancel a work visa in South Africa?
• How to cancel a work visa in South Africa?
• Why should you inform the Department of Home Affairs once the employee has left?
• Can an employee work for another company with the same work visa?
• What is the correct procedure to follow when an employee joins a new business?
• How can I notify DHA if they are working at the new company illegally?
• The ex-employee has permanent residence status and work for the new business?
• Making use of an immigration practitioner?
The following documentation must be emailed to the Department of Home Affairs:
• Certified copy of the first page of the foreigner’s passport
• Certified copy of the temporary residence visa in the foreigner’s passport indicating the purpose for which the visa was issued
• Letter from the foreigner’s employer/learning institution that the foreigner has left their employment/learning institution
• South African Foreign Offices – to refund repatriation deposits – a copy of the departure stamp in the foreigner’s passport confirming the departure of the person
The documentation must be emailed to the following email address:
• visacompliance@dha.gov.za
NB!! remember that documents should be smaller than 4 megabytes or the email server at the Department of Home Affairs will reject them. A potential workaround is emailing all the documents separately.
Everything is done online and no need to visit an actual DHA office, so this eliminates the need to stand in a queue. The application process is quick via email.
An important aspect to remember is that you need to send all other proof of documents to any accompanying dependents tied to the employee’s visa like a spouse or children. The same documents must be sent to DHA.
It is important to remember that a dependent spouse may not work in South Africa. If you need more information you can read our blog post called Accompanying spouse work visa South Africa can give you the information you need.
Why should you inform the Department of Home Affairs once the employee has left?
When an applicant applies for one of the following temporary residence visa / visas:
1. Critical Skills Visa
2. Corporate Workers Visa
3. Intra Company Transfer Visa
4. General Work Visa
If you are thinking of applying for a work visa, contact us and ask “How much does a work visa cost in South Africa”
The employer submits four undertaking letters taking on the responsibility for the following:
• A written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary.
• A written undertaking by the employer to ensure that the passport of his or her employee is valid at all times for the duration of his or her employment.
• An undertaking by the employer to inform the Director-General; should the applicant not comply with the provisions of the Act, or conditions of the visa.
• An undertaking by the employer to inform the Director-General upon the employee no longer being in the employ of such employer or when he or she is employed in a different capacity or role.
So means that the employer must notify the Department of Home Affairs when the employee is in contravention of the abovementioned. Failing to notify DHA could lead to consequences for the company in question.
Can an employee work for another company with the same work visa?
No, the employee is not allowed to work for another company with the same work visa. The Department of Home Affairs endorses the employer’s company name on the visa. It is illegal to work for another company and the new employer will be fined or face imprisonment for doing so.
If you need more information about the consequences of working without a work visa in South Africa. An employee might have a fake work visa and it is important for the new employee how to spot a fake work visa in South Africa.
What is the correct procedure to follow when an employee joins a new business?
• Firstly the ex-employer must notify the Department of Home Affairs that the employee is no longer employed by them.
• The foreign national might have to leave the country and reapply for a new work visa depending on whether their visa is still valid.
• The employee together with the new employer must compile an application for a new work visa and apply through VFS or submit it at the nearest SA embassy or consulate in the country of residence.
• Once they have successfully received their work visa, then only may they work for the company.
How can I notify DHA if they are working at the new company illegally?
If you have proof that your ex-employee is currently working for the new company illegally then you can inform DHA that they are currently working for them:You can email or call the inspectorate of Home Affairs:
DHA is currently cracking down on illegal businesses that are employing illegal foreigners.
The ex-employee has permanent residence status and work for the new business?
Unfortunately, in this instance, there is nothing that you could do to the employee. When an application for permanent residency has been successful, the employee is allowed to work for any business in South Africa.
Permanent residence does not tie an employee to an employer and therefore they have the freedom to work for any South African employer as they wish.
Making use of an immigration practitioner?
Making use of the services of an immigration practitioner can be useful to your business. In an instance like this, your immigration practitioner can prepare the application to notify the Department of Home Affairs that the applicant is no longer in your employ.
How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com
