If you want to work in South Africa, there are several main types of work visas you can apply for to legally work and reside in South Africa.
If you want to work in South Africa, there are several types of temporary work visas available depending on your job situation in South Africa: general employment, inter-company transfer, highly skilled migrant or business entrepreneur.
As South Africa has a growing economy and manufacturing sector, South Africa has many job opportunities for skilled workers in various positions and increasingly foreigners are finding work in South Africa. However, there are fewer opportunities for employment in South Africa in unskilled or semi-skilled positions, of which there is already a vast supply of workers. Thus, the government encourages applications by skilled workers in occupations for which there is a shortage in the country; the most recent list of critical skills lists almost 35,000 positions across 53 different categories.
Types of South African work visas
General work visa
The General Work Visa is the most common type applied for. 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).
Applicants will also be required to obtain certification from the Department of Labour, stating among other things, that their salary and benefits are commensurate with those paid to South African citizens in similar positions.
Applicants must sign a permanent contract of employment and include this in their application pack to the Department of Home Affairs (DHA), or to the embassy, consulate or diplomatic representative in their home country. Employers must be aware of foreign employees’ visas; if an employee is found to be working illegally, the company is also liable and can face large fines from the DHA.
Critical skills work visa (highly skilled migrants)
There are some skills and qualifications that are regarded as critical or exceptional by the South African government. A person who has 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 legislation specifies what skills qualify as ‘critical’ via 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. See the full list of conditions for the Critical Skills Work Visa.
The Critical Skills Work Visa is valid for a maximum period of five years, and extensions are possible. However, as shown below, permanent residence is achievable immediately after earning the Critical Skills Work Visa.
Intra-company transfer visa (ICT)
In today’s globalised world people who work in multinational companies are commonly transferred between countries. Where a person has been transferred into South Africa, they need to apply for the Intra-Company Transfer visa. Any applicant must have first worked for a minimum of six months in the company’s foreign office before applying to relocate and immigrate to the South African branch.
Under the new immigration law, this visa is issued for a period of four years and is not extendable. Should an applicant hold an ICT visa valid for two years (issued under the old act), then the applicant may apply for an extension of a further two years. However, those years do not count towards realising a permanent residence permit for South Africa.Depending on whether you are being transferred or merely seconded to your company’s branch, you’ll need either a work visa or a business visa. If you are being transferred temporarily to a South African branch or affiliate and will be reported directly to, and on the payroll of, the local branch, then you will need a work visa. If, however, your company is seconding you to a South African branch or affiliate for a specific purpose and period – and you will still report directly to, and be on the payroll of, the parent company abroad – then you will not need a work visa. Instead, you should apply abroad for a business visa