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What Is A Work Visa In South Africa?
A work visa in South Africa is a government-issued document that allows foreign nationals to legally live and work in South Africa for a specified period. This document is a tool that governments leverage to ensure that non-citizens are employed per immigration and labor protection laws.
A work visa is a type of nonimmigrant visa. This visa category stipulates that foreign individuals must return to their home country upon the expiration of their visa. Visa holders may apply for extensions or renewals to remain in the country.
Work permits and visas are often used interchangeably but are not synonymous and serve different purposes. Work permits are typically long-term and linked to a specific employer, whereas work visas may be short-term or tied to specific projects. Understanding these distinctions is crucial for employers to ensure compliance and avoid legal pitfalls.
If you’re sponsoring an employee to enter the country and work for you in South Africa, you will mainly be dealing with work visas. We will primarily be discussing work visas for the purposes of this article.
Who Needs A Work Permit Or Visa In South Africa?
Any non-citizen intending to work in South Africa must obtain the appropriate work visa or permit. Employers should have thorough verification processes to ensure that any foreign national they hire has authorization to work in the country. Failure to do so will be considered non-compliance with immigration laws and can have severe ramifications, including fines and potential legal damage.
Playroll offers visa support services in South Africa. Our experts help simplify the process of building a global workforce, and ensure you stay compliant every step of the way in the process.
What Are The Types Of Work Visas In South Africa?
South Africa’s robust economy, manufacturing sector, and technological advancements have made the country a hub of employment opportunities. As a result, South African work visas and permits are in high demand.
South Africa offers several types of work visas and permits, each catering to different employment needs. Employers should be familiar with these options to effectively aid their employees’ application processes:
- General Work Visa
- Critical Skills Work Visa
- Intra-company Transfer (ICT) Work Visa
- Corporate Visa
Employers should have an in-depth understanding of the eligibility criteria, duration, and specific conditions for each visa type to make optimal decisions for their workers and businesses.
What Are the Requirements For A Work Visa In South Africa?
Employees applying for a work permit or visa in South Africa must provide a range of documents that are outlined by the Department of Home Affairs on its visa webpage. This includes documentation the employer should supply. Here’s a summary of the key documentation required:
General Work Visa
The general requirements for a General Work Visa include:
- A completed application form;
- A valid passport;
- Payment of the prescribed fee;
- A vaccination certificate (if required);
- Proof of financial means to cover expected living expenses in the country until the applicant receives a salary.;
- 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 their dependent family members, should it become necessary;
An application for a General Work Visa should be accompanied by:
- A certificate from the Department of Labour
- Proof of qualifications evaluated by SAQA and translated by a sworn translator into one of the official languages of South Africa.
Relevant requirements for employers include:
- A contract of employment signed by both the employer and employee.
- 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 employed by 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 the applicant.
Critical Skills Work Visa
The general requirements for a Critical Skills Work Visa include:
- A completed application form
- A valid passport
- Payment of the prescribed fee.
- A vaccination certificate (if required).
- Proof of financial means to cover projected living expenses until the applicant receives a salary. A cash deposit equivalent to the value of a return to the applicant’s home country or an agreement to cover the cost from the employer.
- Medical and radiology reports.
- A police clearance certificate from each country in which the applicant 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 South Africa’s official languages.
Requirements for employers include:
- 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.
Intra-Company Transfer Work Visa
The general requirements for a Intra-Company Transfer Work Visa include:
- A completed application form
- A valid passport
- Payment of the prescribed fee.
- A vaccination certificate (if required).
- Proof of financial means to cover expected living expenses in South Africa until the employee receives a salary. A cash deposit of equivalent value to a return ticket to the applicant’s home country.
- An employment contract with the company abroad.
- A letter from the employer/company abroad confirming that the employee will be transferred to a branch/affiliate company in South Africa.
- A letter from the South African company where the employee will work, confirming the transfer from the parent/affiliated company abroad. This letter should specify the occupation and capacity in which the employee will be employed and verify that the maximum duration of employment will not exceed four years.
- Medical and radiology reports.
- A police clearance certificate from each country where the applicant resided for 12 months or longer since 18 years.
- All required documentation for a spouse and/or children if they intend to accompany the applicant.
Noteworthy requirements for employers include:
- An agreement that the applicant will leave South Africa once the 4-year period comes to an end.
- Confirmation that the applicant’s passport is valid and that the applicant will be employed in the position for which the permit is issued.
The Visa Sponsorship Process In South Africa
Employers must support their employees throughout the visa application process to ensure the smooth and legal onboarding of foreign workers. This support includes providing the employee with detailed job descriptions, employment contracts, and letters of confirmation.
The employer also has certain responsibilities throughout the application process. These responsibilities include confirming the validity of the applicant’s documents, ensuring that the employee leaves the country on the expiration of their visa, providing proof of efforts to hire locally, and paying a cash deposit or guarantee for the foreign workers in the case of a corporate visa.
Check out our table above for the exact details on what would be required of you as an employer during the visa sponsorship process, depending on the specific work visa at stake.
What Are The Fees For A Work Visa In South Africa?
The fees for obtaining a South African work permit or visa vary depending on the type of visa and the applicant's nationality. Employers should be aware of these costs and factor them into their budgeting for international hires. Additional fees may be associated with mailing and visa renewals, or extensions.
The schedule of fees below was taken from VFS Global, the official partner of the Department of Home Affairs (DHA) in South Africa in visa facilitation services. It should be treated as an estimate of application fees for 2024.
What Is The Processing Time For A South African Work Visa?
South African visa applications take different times to process depending on the country of the application and the embassy or commission where it is lodged. We have compiled a list of approximate wait times. However, we recommend that you consult with the relevant institution.
Familiarizing yourself with processing times is essential, particularly when operating on an employee onboarding timeline, as South Africa’s Department of Home Affairs is not immune to delays. Incomplete or incorrect information may also contribute to delays in your application.
Extending A Work Visa In South Africa
South African work visas are valid for three to five years depending on the visa type. Most employment-based visas can be extended or renewed (other than an Intra-Company Work Visa) on the condition that visa holders apply for extensions 60 days before the expiry of their current visa. The applicants must meet all of their visa requirements again for the extension to be approved.
As such, employers and sponsors need to stay up to date with any changes in visa requirements and criteria to sufficiently support their employees.
Additionally, you must submit your application in person or at any VFS Global Offices in South Africa, as you cannot submit extensions outside of South Africa.
What Are The Requirements For A Digital Nomad Visa in South Africa?
The South African government introduced a digital nomad visa on May 20, 2024. This non-immigration visa will effectively allow non-citizens who are freelancers or self-employed to live and work in the country for a year. This can be a great benefit to employers, as it opens up the door to attracting and retaining a wider pool of international talent.
The details of the official application process have not yet been made clear as the official government papers have yet to be signed. However, the South African government has stipulated that applicants must earn at least R 1 million (approximately $56 thousand) to qualify for this visa category.
Visa holders who reside in the country for more than six months will be expected to register as taxpayers in South Africa.
Other Considerations For Work Visas In South Africa
An employee’s immediate family members such as a spouse or dependents (usually young children) may accompany them to South Africa. Employers should familiarize themselves with the visa process for dependents of foreign workers. This process could include a separate visa application process.
Work sponsorship could mean tax implications for both the employer and the employee. Employers have obligations including deducting employees’ tax from their employee’s income even when it comes to foreign workers. Ensuring compliance with all these factors is critical to avoid legal complications.
Navigating Visas And Work Permits In South Africa With Playroll
Sponsoring foreign workers in South Africa can be a complicated and rigorous process. Simplify the process of obtaining work permits and visas for your foreign employees while ensuring compliance with South African laws with Playroll. Our visa sponsorship support platform offers comprehensive support, from the initial application to renewal, helping you manage your global workforce efficiently.
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