There are three independent categories of South African work visa, namely, the General Work Visa, the Intra-Company Transfer Visa, and the Critical Skills Visa.
General Work Visa
The General Work Visa is one of the most commonly applied for South African visa. A general work visa is valid for a maximum period of five years, but shall lapse within 6 months of issuance, and every year thereafter, if the holder fails to submit satisfactory proof to the Director-General that he/she is still employed along with proof of the terms and conditions of the job, and the job description.
Who can apply?
In order to obtain this type of visa, the employing company first has to provide substantial proof that the position cannot be filled by a South African citizen. This usually means they have to advertise the position in the local media first, so as to ensure jobs aren't being denied to South African citizens. Secondly, proof has to be submitted of the applicant’s qualifications and/or experience, and their qualifications have to be checked by the relevant South African authority, South African Qualifications Authority (SAQA).
How to apply
If submitting abroad, an application for a General Work Visa requires the following:
A passport valid for no less than 30 days after the expiry of intended visit;
Payment of the prescribed fee;
A vaccination certificate (in some cases);
Proof of financial means to cover envisaged living expenses in the Republic until the applicant receives a salary. This should be in the form of: bank statements (cash or travellers’ cheques);
Medical and radiology reports;
A police clearance certificate from each country in which you resided for 12 months or longer since the age of 18 years;
A written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his/ her dependent family members, should it become necessary;
A certificate from the Department of Labour stipulating the salary earned by employees at similar positions in South Africa;
Proof of qualifications evaluated by SAQA and translated by a sworn translator into one of the official languages of the Republic;
A contract of employment signed by both yourself and the employer;
Full particulars of the employer including proof of registration with the Registrar of Companies;
An undertaking by the employer to inform the Director- General upon the employee no longer being in the employ of such employer or when employed in a different capacity or role;
All required documentation for a spouse and/or children if they intend to accompany you.
Intra-company Transfer Work Visa
This visa is designed for applicants who are seconded by a foreign company and are transferring to a branch, subsidiary or affiliate of that company in South Africa.
Who can apply?
The candidate must have been employed at the foreign branch for at least six months prior to the transfer. The visa is issued for two years, but can be extended from within South Africa for an additional two years.
Intra-company Transfer Work Visa Application
Intra-company Transfer Work Visas are issued to employees in multinational companies who are being transferred from a foreign branch to South Africa. If submitting abroad, an application for an Intra-Company Transfer Work Visa requires the following documentation:
A passport valid for no less than 30 days after the expiry of intended visit;
Payment of the prescribed fee;
A vaccination certificate, (in some cases);
Proof of financial means to cover envisaged living expenses in the Republic until you receive a salary. This should be in the form of: bank statements, cash available or travellers’ cheques;
A cash deposit of equivalent value to a return ticket;
An employment contract with the company abroad;
A letter from the employer/company abroad confirming that the you will be transferred to a branch/affiliate company in South Africa;
A letter from the South African company where you will work, confirming the transfer from the parent/affiliated company abroad. This letter should specify the occupation and capacity in which you will be employed and should also confirm that the maximum duration of employment will not exceed 4 years;
Medical and radiology reports;
A police clearance certificate from each country in which you resided for 12 months or longer since the age of 18 years;
All required documentation for a spouse and/or children if they intend to accompany you.
Critical Skills Work Visa
There are certain skills and qualifications that are regarded as critical or exceptional by the South African government. A person who possesses such skills and/or qualifications can apply for a Critical Skills Work Visa. In order to obtain this visa, the applicant does not have to secure a specific position of employment at the time of application.
The Critical Skills Work Visa is valid for a maximum period of five years, and extensions are possible.
Who can apply?
The legislation specifies what skills qualify as 'critical' by way of the DHA’s critical skills list, but a relevant South African authority or organisation (for example, SAQA) needs to confirm the applicant’s skills and/or qualifications in writing, so as to ensure the applicant falls within the critical field of work. Occasionally a letter from the relevant professional body is also required. If you have a doctorate in a specific field and have published articles and/or are considered an expert in a field, this can aid your application.
Critical Skills Work Visa Application
Exceptional Skills Work Permits are valid for three years. If submitting abroad, an application for a Critical Skills Work Visa requires the following documentation:
A passport valid for no less than 30 days after the expiry of Payment of the prescribed fee;
A vaccination certificate, (in some cases);
Proof of financial means to cover envisaged living expenses in the Republic until you receive a salary. This should be in the form of: bank statements , cash available or travellers’ cheques;
A cash deposit equivalent to the value of a return or an undertaking from the employer;
Medical and radiology reports;
A police clearance certificate from each country in which you resided for 12 months or longer since the age of 18 years;
Proof of application for a certificate of registration with the accredited professional body, council or board recognized by the South African Qualifications Authority (SAQA);
Proof of evaluation of the foreign qualification/s by SAQA translated by a sworn translator into one of the official languages of the Republic;
Proof of employment within 12 months after obtaining a Critical Skills Work Visa in the form of an employment contract specifying the occupation and capacity in which the foreigner shall be employed.
More information can be found on the Home Affaires Department site.
The information in this article was submitted by Le Roux Attorneys Inc., specialists in South African immigration.
