Work Visa South Africa for Zimbabweans
SA Migration – 29
September 2022
ZEP Visas Renewal 2022 – Will not be renewed
Expired 30 June 2022
This post has been personalized towards Zimbabwean
nationals who are currently using the Zimbabwean Exemption Visa (ZEP) and what options
are available to them.
The Department of
Home Affairs on the 29th of November 2021 issued a directive
that they would no longer renew the ZEP visa and applicants currently on the
ZEP visa have been granted a grace period up until 30 June 2023.
The Department of Home Affairs granted this grace
period to allow Zimbabwean nationals to legalize their stay in South Africa
through the various ways mentioned in the immigration Act 13 of 2002.
This means that all ZEP holders have until the end
of the year to apply for a visa they qualify for.
A devastating blow from the Department of Home
Affairs as there are a huge amount of ZEP visa holders in South Africa which
some would not qualify for a visa.
Sadly if you do not qualify for a visa then two
scenarios can play out:
- You need to return to
Zimbabwe
- If you refuse to return and
have not applied for a visa then you’ll be deported back to Zimbabwe.
We are urging all ZEP holders to take the time now
to apply for a temporary residence visa /
visa so that can legalize their stay once the grace period is over.
Visas for Zimbabweans in South Africa
- Visas for
Zimbabweans in South Africa
- So what are my
options:
o
Now I’d like to discuss how ZEP holders can find
ways to qualify for a visa and what they need to do.
Those who hold qualifications such as degrees and
are experienced would most arguable stand a greater chance of receiving a visa.
The Department of Home Affairs is trying to protect
the South African labour market and such first needs to look out for South
African citizens and permanent residents.
Working without a
work visa in South Africa can have dire
consequences.
So what are my options:
Critical Skills Visa:
Home Affairs earlier this year released the latest
critical skills occupation list and if your application is listed then you can
potentially qualify for the critical skills
visa.
The visa is valid for 5 years and leads to
permanent residency.
What are the qualifying criteria?
- Currently working in the
same profession as nominated on the critical skills list or received a job
offer.
- Registered with a professional
body, council or board.
- In possession of
qualification as stipulated on the CSV list.
-
SAQA certificate.
Applicants must start the application process now
so that they can submit the application in time.
You need to register with a professional body and
assessing your skills and qualifications can approximately take between 1 – 3
months on average depending on the number of applications received then.
Home Affairs is experiencing a huge backlog due to
COVID-19 and thus once your visa is submitted it can take anything between 5-to
7 months to receive an outcome.
General Work Visa:
The general work
visa is potential the most stringent work visa which is another
option if you are not listed on the critical skills list.
When applying for this visa you need to prove that
the company that you work have explored all avenues before awarding you with
the job offer.
So in layman’s terms, you need to prove that your
occupation and experience are hard to find in South Africa, meaning that the
business could not find a suitable SA citizen or permanent resident.
What are the qualifying criteria for the visa?
- Currently working or been
offered a job.
- Department of Labour
certificate.
- SAQA certificate.
The general work visa is valid for 5 years or valid
for the length of your contract if it’s less than 5 years.
If you are an unskilled worker for a company that
you work for and play a pivotal role within the company then you can think of
first submitting a waiver to waive the requirement for the Department of Labour
certificate.
Submitting a waiver means that your company needs
to motivate the reason why they need you and losing you would be devastating
for the company. The application needs to be convincing and your employer
should be willing to assist you in this instance.
The waiver takes
about 5 months or more before an outcome is received.
We, therefore, urge you to compile the application
for a general work visa whilst preparing the waiver application to speed things
up.
It is not guaranteed that the waiver application
would be successful but this is a chance that you would need to take.
If the application is successful this means that
you are allowed to apply for the general work visa without the need of
including the DOL certificate.
You can qualify for permanent residency.
Corporate Work Visa:
The corporate work
visa used by large corporates to bring in a determined amount
of foreign applicants can be another option for ZEP holders.
The qualifying criteria:
- The company must have been
issued a corporate visa.
The downfall about this particular visa is that you
can’t renew them. You would need to leave the country and then try to get an
alternative visa.
Many corporates often have a corporate visa to
employ a large amount of foreign I.T professionals which is hard to find in
South Africa.
This visa does not qualify you for permanent
residency.
Life Partner Visa with Working Rights:
A ZEP visa holder who is in a relationship with a
South African citizen or permanent resident can put in an application with DHA.
This is a 2- year visa and can be extended before
it expires.
There are many advantages to this life partner visa and less daunting than the
above work visas:
- You can add working rights
or study rights or business rights.
- Qualifies for permanent
residency.
- Not as difficult as the work
visa application process
If you want to know how submit a life partner visa extension South Africa then
you can read the post.
What are the qualifying criteria:
- There is a 2-year
cohabitation requirement. You need to prove that you have stayed together
for 24 months by providing a lease for example.
- Show shared financial
responsibilities.
Spousal Visa with Work Rights:
If you are married to a South African citizen or
permanent resident then you can apply for a spousal
visa.
This is a 2-year visa and can be renewed.
Applicants qualify for permanent residency when
their marriage hits the 5-year mark.
You have the option to add work rights or business
rights or study rights.
Business Visa:
ZEP visa holders who have started their own
business in South Africa can qualify for a business
visa.
The business should not be classified as prohibited
and you need to show that you have invested R 5 million within your business.
The qualifying criteria:
- Invest 5 million within your
business
- Employ at least 60% South
African citizens or permanent residence
You can submit a waiver to DHA to waive the 5
million requirements, however, you need to motivate why they need to waive the
amount. You have to mention what impact the business and you might suffer
should you have to close permanently.
Student Visa:
If you or your kids are studying or attending
school in South Africa then you can submit an application for a student visa.
The student visa provides you or your kids with
legal status to study in the Republic.
The qualifying criteria:
- Acceptance from a recognized
Education institution
Once again start prepping now so that you have
enough time.
Can I add my family to my work visa?
You can add immediate family members such as your
spouse and kids which are not of school-going age.
The disadvantage of the accompanying spouse dependent visa is that
your spouse is not allowed to work at all.
To work, they must qualify for their visa in their
own right as per the sections above.
Children who are of school-going age must transfer
over to a student visa.
My employer wants to relieve me of my services?
You need to have a conversation with your employer
that you are in the process of applying for a visa.
Educating them about the process should help clear
any confusion around the topic and make your intentions clear that you are
applying for the correct visa.
You need to speak to them and let them know that
they are a crucial part of the process as they need to provide the following:
- A written undertaking from
your employer stating that they will ensure that your passport will always
be valid whilst you are employed by them.
- Your employer must furnish their
particulars such as the proof of registration of the business (CIPC)
- An undertaking from your
employer to inform the Director-General should you not comply with
provisions of the Act or the conditions of your visa.
- Undertaking from your
employer to notify the Director-General when you are no longer employed by
them or when you are employed in a different capacity within the current
company.
So working with your employer is vital to getting
your visa and they help motivate the case.
SA Migration can assist you
The government won’t be renewing the ZEP visa and
you have until the 31st of December 2022 to get a visa. Failure to do so means
you have to travel back to Zimbabwe to live there permanently or you might be
deported.
Month by month time is ticking away.
Our immigration
service for South Africa is just perfect for you. You can
complete a free assessment and we would tell you if you qualify.
Web Sites : www.sami.co.za
www.samigration.com