SA Permits & Visas

A General Work Visa is a document issued to foreigners by the Department of Home Affairs. It is issued to foreigners who intend on taking up employment in South Africa. A General Work Visa is issued for a specific position and company. It will be issued for the time period that the employment contract is valid for, e.g. if the contract of employment states that the assignment is for three years, the work permit will be valid for a period of three years, but with a maximum of five years per visa application.

HFI can assist the company to apply for a waiver of the above requirements to the Department of Home Affairs. The work permit can then only be applied for once the waiver has been granted.

How to qualify for a General Work Visa

Your application (in addition to the general requirements) must provide evidence of the following:

• That you have the relevant qualifications, skills and experience for the position.
• A SAQA evaluation of your foreign qualifications are necessary.
• Provide proof that the employer (for whom you propose to work) has taken all the relevant steps to obtain the services of a South African citizen or Permanent Resident.
• An explanation of why the services could not be obtained from a South African citizen or permanent resident.
• A written job offer from the employer offering you this position.
• A certificate from the Department of Labour is required that will confirm all the steps above and will issue a recommendation that the General work visa be issued.

A Critical skills work Visa may be issued to a foreigner who possesses skills and or qualifications determined to be critical for South Africa. This critical skills list is determined from time to time by departments such as Trade & Industry, and Labour. Critical Skills Work Visas are less common than the other categories and applications are assessed on a case-by-case basis. A key requirement would be for the individual to have at least a degree or similar qualifications as well as testimonials.

The main qualifying requirements for most of the occupations listed are: (HFI to confirm specifics after assessment has been done).

• Confirmation in writing from the relevant professional body, recognized by SAQA or any relevant Government Department confirming the skills and or qualifications of the applicant, as well as relevant post qualification work experience.
• Proof of application for certificate of registration with Professional Body.
• SAQA evaluation of foreign qualifications (Translated if not in English)
• Proof of employment within 12 months after obtaining Critical Skills Work Visa in the form of an employment contract specifying occupation and capacity in line with applicants skills and qualifications as per critical skills list.
• If a post Graduate Doctorate obtained in SA – please inform us if you are in this category for different requirements.
• A Critical Skills Work Visa may be issued for a period not exceeding five years at a time.

Foreigners who intend to work in the Republic of South Africa, with or without remuneration or reward, must apply for a work visa. However, in the case of a short term or urgent need of specific skills for a limited duration (not exceeding three (3) months) of work activities that cannot be met by an application for a work visa, the foreign person can apply for a short term work visa at a SA Embassy abroad.

The Director-General of the Department of Home Affairs has recently delegated authority to the South African missions abroad who may – at their discretion- consider applications for authorisation to conduct work on a visitor’s visa in terms of section 11(2) of the Immigration Act, as amended.

This means that all applicants for short-term work visas will have to apply for these visas from the SA Embassy in their home countries. Should the Section 11(2) Visa be approved for Visa exempt passport holders then a authorisation letter will be issued to the foreigner which he should then produce to the entry clearance officer when arriving in SA. The Entry clearance officer will then endorse the foreign person’s passport accordingly.

For visa restricted passport holders the SA Embassy abroad will issue the short term visa to work in the foreign person’s passport with which he can then proceed to enter South Africa.

Within the South African Immigration rules and regulations (Immigration Act) a person has a claim   to an Accompany Spouse Visa or Relatives Visa if they can prove that they are:

• In possession of a current, valid passport
• The applicant is married with a South African National / Permanent Resident Holder / Work Permit Holder
• No restrictions on previous visas or permits

Within the South African Immigration rules and regulations (Immigration Act) a person has a claim to an Accompany Life partner Visa (Homosexual or Heterosexual relationship) if they can prove that they are:

• In possession of a current, valid passport
• Have a notarial agreement attesting that the relationship has existed at least 2 years before the date of application, and that the relationship still exists (only applicable to Life partners where one is a SA citizen or SA Permanent Resident)
• Official recognition from authorities abroad to confirm Life partner relationship (for couples who are both foreign citizens)
• Neither parties is a spouse in an existing marriage or relationship
• No restrictions on previous visas or permits

A person may qualify for a Business Visa when he/she intends to establish, or invests in a business registered in South Africa and in which he/she may be employed. This could be a newly formed business or a partnership.

How to qualify for a Business Visa

The following criteria need to be met:

• At least R5 million in cash, or a capital and cash contribution of at least R5 million business plan outlining feasibility
• Proof or an undertaking that at least 60% of the total staff compliment will be SA Citizens or permanent residents employed, investing in an existing business needs to provide in addition to the above financial statements of the preceding financial year as well as a partnership agreement

The Department of Home Affairs may reduce or waive the capitalisation requirements (section 15(3) of the Immigration Act 13 of 2002) for businesses which are prescribed from time to time to be in the national interest or when so requested by the Department of Trade and Industry. The capital contribution can also be waived if you are married to a SA citizen or in a life partner relationship with a SA citizen – provided the life partner relationship stays intact for the duration of the visa.

Own Business Visas from an immigration perspective does not limit the business, but the individuals when employed in the business. The individual is limited to work related to the relevant business activities.