Work Visa

The Immigration Act contains a work visa scheme, consisting of 3 individual work visa categories.

General Work Visa

This visa is based on an offer of employment from a South African prospective employer.
The employer must apply to the Department of Labour (DOL) for a certification which will confirm to the DHA directly confirmation of whether there exists suitably qualified South African candidates for the position and that the foreign Applicant possess the necessary skills and qualifications for the offered position.

Once the DOL has concluded its mandate and conveyed to the DHA its certification (either positive or negative) the Applicant will then file the work visa application.

The DHA will approve or refuse a general work visa application, depending on its compliance with the statutory scheme the DOL issues a positive certification.

 

Critical Skills Work Visa

The foreign Applicant must persuade the DHA that he or she has the necessary skills and/or qualifications befitting a critical skills occupation enumerated in the Critical Skills List published in the South AfricanGovernment Gazette on 4 June 2014.

All foreign qualifications must be evaluated by the South African Qualifications Authority and must register with the SAQA Accredited Professional Body, representing the specific occupational category which the Applicant purports to comply with.

 

Intra-Company Work Transfer

The foreign Applicant must demonstrate that he or she has been employed by a foreign corporate entity for at least six months and that the foreign employer will be transferring the Applicant will be “transferring” to its South African branches subsidiary or “affiliate” (that is, a corporate entity in association with the foreign employer).

An application for this work visa cannot be made in South Africa under any circumstances unless the foreigner has a two-year visa to its maximum of four years.