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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A South African work visa allows the holder to reside and work in South Africa for a stipulated duration. It is designed to meet the country's need for experienced foreign nationals to fill critical skills gaps and contribute to the local job market.

Who is a South African Work Visa For?
• Foreign nationals looking to work in South Africa for an extended period.
• Individuals who have spent 5 consecutive years working in South Africa and wish to reside more permanently due to job requirements.

How to Apply for a Work Visa
The application process varies by visa type. It's important to ensure you qualify under the correct category, based on:
• Skills and qualifications (formal studies, work experience).
• Completion of trade tests if applicable.
• Academic achievements from colleges or universities.
• Prior work experience, which is recognized by Home Affairs.

How Would I Qualify for a Work Visa in South Africa?
• You can qualify for permanent residency if you hold 5 years' worth of consecutively issued temporary general, quota, or exceptional skills work visas.
• Holders of intra-company transfer visas cannot qualify for permanent residency based on this criterion.

Evidence Required for Application
Applicants must provide:
• A valid passport with previous and current work visas.
• Police clearance from the home country.
• Academic transcripts and certificates.
• Letters of work references.

Changes in Visa Types
The Quota Work Visa and Exceptional Skills Work Visa have been replaced by the Critical Skills Visa option following changes in the Immigration Amendment Act of 2014. For positions classified as critical, refer to the critical skills list.

Pros and Cons of a South African Work Visa
Pros:
• No need to reapply for a work visa during the duration of the visa.
• Formal qualifications are not always necessary, though they can strengthen the application.

Cons:
• Holders of intra-company transfer visas cannot qualify for permanent residency; this visa is for a limited period.
• Visa eligibility is always skills-based.


This structured overview provides clarity on South African work visas, their eligibility requirements, and the application process. If you have any further questions or need more details, feel free to ask!

How can we help you , please email us to info@samigration.com whatsapp message me on:
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How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

Where are you now?
Check our website : www.samigration.com

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• Against whom a warrant is outstanding or a conviction has been secured in South Africa or in any foreign country in respect of genocide, terrorism, human smuggling, trafficking in persons, murder, torture, drug-related charges, money laundering or kidnapping;
• Previously deported and not rehabilitated by the Department of Home Affairs;
• Who is or has been a member of an organization advocating the practice of racial hatred, social violence, or which utilizes crime or terrorism to pursue its ends;
• Found in possession of a fraudulent visa, passport, permanent residence permit or identification document.

Prohibited persons do not have to be “declared” as such. Often a foreigner finds that he or she simply cannot re-enter South Africa at a land border, or at a foreign port of embarkation. The reason for such restriction of entry could be that the foreigner’s identity details have been placed on the so-called “V-List” (“Visa Restricted” List) of the Department of Home Affairs.

What may also occur is that the foreigner has applied, within South Africa, for a temporary residence visa or a permanent residence permit and such application may be rejected because the DHA is of the view that a specific document or visa submitted by the applicant in his or her application, or in any past application, is “fraudulent” or has failed to be verified by the DHA.

The DHA may reject a visa or permit application on the basis of the applicant’s foreign or South African police record. Frequently while the applicant has never been convicted of the offences identified for prohibition purposes, the DHA may proceed to V-List such individual merely on the basis of its view that an ordinary “drunken-driving” conviction may render the applicant a person “not of good and sound character”. V-listing does occur on the basis of bureaucratic error.

The only remedy for a prohibited person is to apply to the Director-General of the DHA to declare him or her to be a “non-prohibited” person. Even though the Immigration Act merely requires a demonstration of “good cause” to have the DG lift the prohibition and remove his or her details from the V-List, DHA policy demands far more than “good cause” to lift the prohibition. Some of these applications are complex and technical and professional expertise is often well advised.

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To be an “undesirable person” and placed on the V-List, the foreigner must fall into one of the following categories:
• Is or is likely to become a public charge;
• Identified as such by the Minister of Home Affairs;
• Who has been judicially declared incompetent;
• An unrehabilitated insolvent;
• Who has been ordered to depart in terms of the Immigration Act;
• A fugitive of justice;
• Has previous criminal convictions without the option of a fine for conduct which would be an offence in South Africa;
• Has overstayed after the expiry of their visa.

The Immigration Act requires that the affected foreigner is physically “declared” an undesirable person by being handed a “declaration of undesirability” by an immigration official. This often happens when a foreigner overstays his or her visa and departs through a South African port of entry. The immigration official will complete the declaration and hand it to the affected person, stipulating the number of days the person has overstayed: any overstay of up to 30 days renders the person banned from returning to South Africa for one year, and any overstay of 30 days or longer prohibits the person from returning to South Africa for five years.

The only way the affected foreigner may have the grounds of undesirability waived and his or her restrictions removed from the V-List, is to apply to the Minister of Home Affairs, also on the basis of “good cause”. This is effectively an appeal against the undesirability status. Often these appeals are complex and most often require the assistance of a professional.

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The short answer
Applying for birth certificates can be complicated. You may need help.

The whole question
I am a Zimbabwean lady with three children with a South African man. We are not married. How can we apply for birth certificates for our children?

The long answer
Thank you for your email asking how you can apply for birth certificates for your three children with a South African man that you are not married to.
If you just needed copies of their birth certificates, you would fill in Form B1-154 at Home Affairs and pay a fee for each application. But if they have never had birth certificates, this is how it works:

All children born in South Africa must be registered within 30 days of their birth in terms of the Births and Deaths Registration Act of 1992. The parents are then issued with an unabridged birth certificate which contains the full details of the child and its parents.
If a child is registered after 30 days but before 1 year, you must complete and submit Form B1-24 to Home Affairs along with written reasons why the birth was not registered. This will be sent to the Home Affairs Head Office to get an ID number and to keep a record of it.

It gets a lot more complicated if a child is registered after 1 year but before 15 years. In that case, you will need to complete and submit Form B1-24/1 along with written reasons why the birth wasn’t notified in the 30-day period. You will also have to submit as many of the following documents as possible to confirm the child’s identity and status:
* A certificate from the hospital or maternity home where the child was born. The certificate must be signed by the person in charge and contain the institution’s official stamp.
* Official confirmation of the child’s personal details taken from the register of the first school attended by the child. Again the confirmation must be on the school’s official letterhead, signed by the principal with the official school stamp on it.
* The child’s baptismal certificate
* Sworn affidavits by you and the child’s father
* A clinic card
* School reports and any other documents that help to prove your child’s identity.

They will interview you (and / or the father?) and your fingerprints will be verified against the national database. If successful, the application will be forwarded to the Home Affairs Head office to allocate an ID number and keep a record of it.
If one of the children is over 15 years, they must apply for an ID (Form B1-9) as well as their birth application. Forms DHA-24, DHA-24/A x 2 and DHA -288 must be completed to register the birth. You must also submit supporting documents (as listed above) as well as written reasons for not registering the birth within 30 days.
As all the requirements above are complex and demanding, and dealing with Home Affairs is never easy, you may want to take advice from one of the following organisations:

Don’t risk your income or future—let SA Migration help you stay legal and live stress free .
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Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.
📞 WhatsApp: +27 82 373 8415
📧 Email: info@samigration.com
🌐 Website: www.samigration.com
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Please email us to info@samigration.com
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