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.
If you have staff you need to relocate to South
Africa, we have a dedicated corporate department that you can contact here.
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 amongst other :
- 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.
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 dependents accompany the employee?
Yes they can. Partners would need to apply for an accompanying visa
whilst dependents 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.
www.samigration
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.
Finding out more about Intra-company transfer work visa
Intergate Immigration has successfully assisted companies to submit
applications in over 80 South African embassies and consulates around the
globe. Offering South Africa’s premier dedicated corporate service, you can
trust us with your companies and employees needs. Contact us here to be
impressed.
Getting help with your visa or permit application
We welcome the opportunity to consult with you as to your eligibility
for a visa /permit and answer any questions you may have with no obligation.