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The overriding consideration in dealing with applications for work permits is whether the employment or task to be undertaken cannot be performed by a South African citizen or an approved immigrant already residing in South Africa. It therefore follows that work permits are only granted in instances where South African citizens or permanent residents are not available for appointment or cannot be trained for the position.
Employment opportunities are, as a result of the prevailing economic climate in South Africa, extremely limited and there is at present no special drive or project to attract foreign workers to South Africa. Even as far as the so-called scarce employment categories are concerned the position has worsened to the extent where professionally and technically qualified persons are being laid off and are finding it extremely difficult to secure alternative employment. It is for this reason currently a prerequisite that foreigners wishing to take up employment in South Africa, be in possession of firm and acceptable offers of employment commensurate with their training, qualifications and experience before an application for a work permit can be considered.
Employers wishing to introduce foreign workers to South Africa must obtain the permission of the Department of Home Affairs and be able to satisfy the Department that they were unable to obtain the required personnel locally.
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| Main criteria |
Aspects which are taken into account in this regard are, inter alia, the following:
- Date on which the position(s) became available or vacant.
- Whether the vacancies were advertised and if so, in which national papers (e.g. Sunday Times, etc.) or other suitable media and the number of insertions, (copies of advertisements must be provided). Internet is not acceptable, as many South African citizens do not have access to the Internet.
- Reasons why applicants from the South African labour market who may have responded to the advertisements could not be appointed.
- Whether the Department of Labour, private employment bureau’s or agencies or the relevant trade union or industrial council had been approached with regard to filling the vacancies.
- Whether a local unit can be trained to fill a specific position, even if a foreign specialist has to undertake the task of training for a limited period on contract.
- Whether the applicant appointed or to be appointed is in possession of any exceptional qualifications, training and experience not obtainable in South Africa.
- In the case of senior positions, whether the proper filling of the vacancy or position by the promotion of existing personnel has received due consideration.
- He/she must be in possession of a firm offer of employment which is of a temporary nature and the maximum duration for which the temporary employment is required, must be clearly defined by the prospective employer.
- The position offered must be commensurate with the applicant's qualifications, experience and skills.
- Professionally qualified
persons must register with the appropriate South
African bodies.
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| The following additional documentation must be submitted |
- Application forms BI-159: A & C.
- Decree of divorce/court order, where applicable, as well as proof of maintenance paid to family members (also in cases of separation).
- Marriage certificate, where applicable.
- Full birth certificate(s) of children, where applicable.
- An employment contract specifying the occupation and capacity in which the applicant will be employed, maximum duration of employment and remuneration.
- Qualifications (evaluated by the Human Sciences Research Council, in the case of doubtful qualifications), especially in respect of technicians and engineers.
- Testimonials/service certificates from previous employers indicating, inter alia, the applicant's competencies and/or skills.
- Curriculum Vitae.
- Proof of advertisements in the national media, as well as particulars of the steps taken to fill the post, indicating how many South African citizens/permanent residents applied and why they were found unsuitable.
- Police clearance certificates: All applicants 18 years and older in respect of all countries where a person(s) resided one (1) year or longer. (If not available when initial work permit application is being lodged, it will be required when applying for the extension of the permit).
- Medical certificate.
- English translation of certificates and other documents, if submitted in a foreign language.
- Proof of registration with a
South African professional body, if applicable.
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| Where should the application be submitted? |
Section 26(2)(a) of the Aliens Control Act, 1991 (Act 96 of 1991) provides that an application for a work permit may only be made while the applicant is outside the Republic and such applicant shall not be allowed to enter the Republic until a valid permit has been issued to him or her. Applications must be submitted to the South African foreign office in or the nearest such office to the country of which the applicant is a valid passport holder or the country in which he or she normally resides and the outcome must be awaited prior to making arrangements for departure to South Africa.
Applicants who do not have a South African representative in their country of origin/residence, may have their applications lodged via a registered agent or attorney, referred to in regulation 18 of the Regulations promulgated in terms of the Act, at any regional/district office of the Department in South Africa. It should be emphasised that the applicant has to be outside the Republic and may only enter once in possession of a valid work permit.
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| Change of employer |
An employee may be permitted to change his/her employer, provided that:
- he/she submits a full application to this effect. All criteria must be complied with as described earlier; and
- he/she was not permitted to
enter the Republic as a contract worker or in terms of
an undertaking given at the time of the application,
that he/she would be employed only by a specific
organisation for a specified period of time.
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| Transfers: Key personnel of international concerns |
International concerns with branches in the Republic may from time to time, apply to transfer key employees from a foreign branch to the Republic. Applications for transfer of existing personnel from a foreign branch to the branch in the Republic may be approved and finalised by Missions on
Condition that such employees are in fact key personnel such as managing or financial directors, chief executive officers or specialised technical personnel, required in the manufacturing or production process. In this category, the applicant will only be required to submit the following information/documentation together with duly completed application forms BI-159: A & C:
- Letter from the parent company abroad, informing the Department that the applicant is in their employ and will be transferred to a branch/affiliated company in South Africa.
- Letter from the South African company specifying the occupation and capacity in which the applicant will be employed as well as the maximum duration of employment in South Africa.
- Decree of divorce/court order, where applicable, as well as proof of maintenance paid to family members (also in the case of separations).
- Marriage certificate, where applicable.
- Full birth certificate(s) of children, where applicable.
- Medical certificate.
No age restriction applies and cash deposits for repatriation purposes will be collected.
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| Secondments |
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When international concerns with a branch in the Republic apply to second key employees from a foreign branch to the Republic for a specific purpose and period and the applicant still receives remuneration from the parent company abroad, these applicants will not require work permits and will be accommodated on appropriately endorsed visitor's visas for the purpose and period of entry and sojourn in the RSA. Cash deposits for repatriation purposes will be collected.
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| Repatriation fees |
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Upon issuance of a work permit applicants will be required to lodge a repatriation fee in respect of each member of the family, which shall be refunded after final departure from the Republic or upon the granting of an immigration permit. Should an applicant, however, fail to comply with the purpose for which or with the conditions subject to which a permit was issued, the deposit will be forfeited to the State.
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