South Africa Working Visas
SA Migration – 06/06/2022
South Africa seeks highly skilled
individuals to live and work in SA.
SA Migration Services will
provide professional assistance to arrange your work visa for you if you
qualify.
Work Visas are regulated in terms
of Section 19, Regulation 18 and items 18 (1), 19(2), 20, 21 and 22, of
Schedule A.
There are three common types of
Work Visas:
- General Work Visa
- Inter Company Transfer Visa
- Critical Skills Visa
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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.
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.
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.
How can we help you , please email us to
info@samigration.com whatsapp me on:
+27 82 373 8415,
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