20/01/2020
SUMMARY:
Content provided by Lyndon Kurt Gilbert
There are many different types of work permits in South Africa and it can be daunting for an employer to feel safe in hiring a foreign employee. The Department of Home Affairs even has a task team that prosecutes those companies improperly employing foreign staff.
The type of visa issued depends on the situation of the applicant or employer. The South African government has created a variety of work visas to accommodate South African businesses looking to hire foreign workers.
General Work Visa
The General work visa is issued to a foreign employee who has obtained a position with a South African company. The visa will only be issued if the employer demonstrates that national job recruitment efforts in the local media were fruitless and the company must turn to foreign employees. The employee’s credentials will be screened by the Department of Labour to ensure they have the relevant experience and qualifications for the position.
Critical Skills Work Visa
The South African government legislates that those foreign nationals with specialized “exceptional” skills can be allowed a three year visa plus a possible extension. The Minister of Labour and Minister of Trade and Industry annually publish a list of critical skills. The applicant does not have to obtain a position of employment prior to applying for the critical skills work visa. Under the visa the individual may enter South Africa for up to one year at which time the visa will expire if relevant employment has not been obtained. The applicant must demonstrate that they have said critical skills such as holding an advanced degree or publications in their field. They must register with the specialized South African professional group and their qualifications will be evaluated based on South African standards.
Intra-Company Transfer Work Visa
The Intra-Company Transfer work visa allows a foreign employee of a company with business relations in South Africa to work in-country for up to 4 years with said company. Permissible companies include those with a branch, subsidiary, or affiliate in South Africa. The applicant must be an employee of the parent company for at least 6 months prior to transfer. Note that this visa cannot be extended past 2 years.
Corporate Visa
A corporation, not an individual, may apply for a corporate visa only after obtaining a recommendation from the Department of Labour and the Department of Trade and Industry. The recommendation is based on whether the corporate visa will benefit South African interests. The Corporate Visa allows a limited number of foreign national employees holding certain skill sets to work under the permit for a designated amount of time.
Student Visa
Foreign students residing in South Africa on a student visa may only work part-time up to twenty hours a week.
South African Visas NOT Allowing Employment
An individual may hold a South African visa but not be employable. These visas include:
- Relatives Visa
- Spousal Visa – unless specific accommodation has been granted
- Life Partner Visa – unless specific accommodation has been granted
- Retired Person’s Visa – employment authorization from the Department of Home Affairs is rarely granted
- Medical Treatment Visa
- Volunteer Permit
In short, there are many ways a South African employer can reasonably hire a foreign national employee. Knowing which visas permit employment and understanding the requirements of said visas will allow employers to expand their hiring base.
The content in this article was provided by Immigration South Africa™ – a visa and immigration consultancy. It can be contacted on +27 21 422 3720 or info@immigrationsouthafrica.org or www.immigrationsouthafrica.org.
Editor's note:-
Sadly this is not the case in present day South Africa especially in the engineering and construction sectors.There are numerous local companies that are involved in various state projects as well as in private sector projects that are blatantly flouting labour laws when it comes to hiring of foreign labour.The highlighted stipulation above is the main gripe and cause for concern for local citizens of South Africa whereby these companies are not sourcing local labour first as per government agreed method.I as an engineering and construction worker and thousands if not millions of others like me has felt first hand the consequences of this bad business practice in that we are not being recruited first or at all.
Their take on this is that there is not enough competent local labour,hence the recruitment of foreign labour.This is an outright lie! The only reason for hiring expats is to pay them peanuts for exactly the same work as we do (of course we are paid market related rates).The "peanuts" they earn here is a fortune in their home countries (e.g. India,Pakistan) because of the exchange rate.We are not,I repeat not xenophobic by any stretch of the imagination,it's just that we'd like a fair shake at the employment tree if not first.We have contacted numerous people including the relevant govt. departments about the situation we find ourselves in but alas! it falls on deaf ears.The Facebook group that I'm a member of (Construction Iron Dogz) has well documented the activities of these companies' goings on.One just has to read the comments of members to understand how widespread unemployment is and these are qualified boilermakers,coded welders,mechanical fitters,safety officers,QA-QC inspectors to name but a few.
So where is the shortage of local labour? It is a cannard that companies are exploiting to earn huge profits through lower rates of pay to expats while we sit at home (unemployed) worrying about putting food on the table,clothes on the children's backs.This is the new year and people's tension and frustration is mounting to the point that it could boil over again with xenophobic attacks and other violent protests.Why doesn't the Department Of Labour hear our cries for help before it's too late? We are not asking for a lot...just to be employed on these same projects and various other work sites as well where foreign labour is employed.
In conclusion I pray and hope this message can reach a wide audience highlighting the unfair plight of my fellow South Africans and I.It would be nice if the relevant govt. department heads could get to read this post and some meaningful action taken.God bless and have a wonderful day.
Lyndon Kurt Gilbert.
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