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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General Work 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.

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Top 5 Things to Know about South African Visa Renewals

Top 5 Things to Know about South African Visa Renewals

When is it a good time to start with the renewal ?
Picture this – it’s Monday and in a quiet moment you decide to go through your foreign employees’ documents.

To your shock you discover that one employee’s visa is due for renewal – at the end of the week.

Suddenly, your Monday is a whole lot bluer! You have no idea how you’re going to do this. You don’t even know if it’s still possible to submit a renewal!

Take a deep breath – this does not have to happen to you.
You can avoid any visa renewal shocks and surprises simply by keeping these 5 facts in mind:

1. Did you know applications must be submitted at least 60 days before the expiry date of the visa

South Africa’ Immigration Act requires visa holders to submit renewals at least 60 days before the expiry date of their visa. Visa holders may also submit renewals earlier but no earlier than 6 months prior to a visa’s expiry date.

Our advice? Don’t wait for the 60 days! Submit as early as possible to allow for unforeseen hiccups.

2. Start the groundwork early
The process of renewing a South African visa is the same as applying for a new visa. For this reason, it is advisable to start preparing for a renewal well in advance.

When it comes to work visas specifically, there are often multiple steps that need to be followed before being able to submit the renewal to the authorities. Given the backlog at Home Affairs due to the COVID-19 pandemic, we recommend starting the preparation process 12 months in advance.

3. The visa holder must meet all the requirements again
To apply for a visa extension, the visa holder must be able to meet the requirements of their visa again. This includes any new requirements or changes to requirements that were made by the Department of Home Affairs since the previous application or renewal.

Applicants who can’t meet the requirements of their visa will most likely not get a visa extension.
That does not mean it’s the end of the road! Unsuccessful renewal applicants can get assessed against all of South Africa’s immigration requirements to see if they perhaps qualify for another visa that lets them work in South Africa.

4. Keep critical documentation up to date
Want to save yourself a lot of headaches? Ensure that documentation with expiry dates are always valid. By keeping documents up to date, you’ll see to it that you’re ready to proceed with renewals as soon as it’s necessary.

Police clearances is one example of documentation with an expiry date. These documents are only valid for 6 months from the date of issuance. The passport expiration date is also an important one to keep in mind. It is impossible to apply for a visa with an expired passport.

5. Extensions must be submitted in South Africa
All extensions must be submitted in South Africa, at a VFS application centre. Visa holders can’t submit extensions outside of South Africa.

Need help with South African visa renewals?
Our corporate team can assist you with all types of South African visa renewals. The team will guide you through the requirements and work with you to submit a complete application.

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South African Citizenship

South African Citizenship

• SA Visa
• Citizenship
Citizenship Options
• South African Citizen by Descent
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Deprivation of Citizenship
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Acquisition of the citizenship or nationality of another country
South African Citizen by Descent:

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

South African Citizen by Naturalisation:
Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalisation, two years after receiving his or her permanent residence at the time of marriage.

A child under 21 who has permanent residence Visa qualifies for naturalization immediately after the Visa is issued.
Automatic loss of Citizenship.
This occurs when a South African citizen:
Obtains citizenship of another country by a voluntary and formal act, other than marriage, or;
Serves in the armed forces of another country, where he or she is also a citizen, while is at war with South Africa.

Deprivation of Citizenship:
A South African citizen by naturalization can be deprived of his citizenship if;
The certificate of naturalisation was obtained fraudulently or false information was supplied.

He or she holds the citizenship of another country and has, at any time, been sentenced to 12 months imprisonment in any country for an offence that also would have been an offence in South Africa.
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Inter Company Transfer Visa

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.
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