Work Visa
SA Migration | 10 March 2023
Want to know more about work visas:
1. What you need to know about work permit South Africa.
2. Apply for work permit South Africa for Zimbabweans
3. Apply for a work permit South Africa for Malawians
4. Who is defined as an illegal worker?
5. A person who has not entered South Africa through one of its official ports and presenting the necessary documents.
6. A person who is not undertaking the same job as endorsed in the visa.
7. A person who is not using a work permit in SA.
Can you employ someone without a work permit?
No, you are not allowed to employ someone without a South African work visa as this is illegal and the company or person can be fined or face imprisonment. The responsibility falls on the employer when they decide to employ a foreigner and the law does not penalize the foreigner for accepting or working with no visa.
It’s not an offence when you do the following:
• Accepting a job offer with a visa
• Signing a contract without a visa
Employers must remember that a foreigner who is employed without a work visa or whose work visa expires during his or her employment is still regarded as an employee of the company. The labour relations act stipulates that an employer may not dismiss a foreigner due to an expired visa or who is employed without a work permit.
An accompanying spouse may not work in South Africa, therefore there is no accompanying spouse work permit in South Africa. Accompanying spouses must apply for their own work visas.
Therefore it’s best to ask the foreign applicant whether he or she is in the process of applying for a visa or the company can offer to assist the person in obtaining a work visa, provided they qualify for a South African work visa. This way the employer is not held responsible and caught off guard when the Department of Home Affairs investigates the company or the foreigner. You should not assist a foreigner if they are illegal.
Employers need to verify the immigrant’s status when they produce a work visa and our guide: “How to spot a fake work permit in South Africa“, this guide will give you all the tips you need to look for when looking at a visa.
If the applicant does not qualify for a visa, the next option would be for them to apply for an asylum or refugee visa but this can take a while before they the visa for this