Your Responsibilities as a South African Employer of Foreign Staff
SA Migration â€` 03 June 2022I
n April 2022, Home Affairs Minister announced at a press conference that the Department of Home Affairs will be bolstering its immigration inspectorate to investigate companies employing foreign nationals without the correct documentation.
CNCBAfrica reported that Minister Home Affairs said the Department will spend R18 million over the next three years to recruit immigration inspectors to conduct raids on companies to ensure they are complying with legislation. The Department will look at a number of different sectors across South Africa’s economy, ranging from retail and construction to agriculture and hospitality.
This has been the second big announcement from the Department of Home Affairs this year regarding the employment of illegal immigrants. Back in February the Department made their decision to slap prison terms on employers of undocumented migrants known. At the time, Minister Home Affairs ’s spokesperson, , said that this will apply to all offenders, whether it’s the owner of a business or the head of a domestic household.
Why the sudden crackdown?
The truth is that the Department’s decisions are not out of the blue. Finding work in South Africa as a foreign national already became a lot tougher with the changes in immigration regulations in 2014.
The main motivation behind the changes was protecting the South African workforce. It is common knowledge that South Africa’s unemployment rate is at an all-time high.
That’s not to say the foreign worker isn’t protected. The Department of Home Affairs also put a number of measures in place to help ensure that foreign workers are treated fairly and equal to their South African counterparts.
Your responsibilities as a South African employer
To comply with South African immigration legislations, you have two

main responsibilities as an employer:
• Do not employ illegal foreigners.
• Do not employ a foreigner in any position or allow a foreigner to perform a work function not allowed by his or her visa or permit.
In practice this means ascertaining the status or citizenship of employees. In the case of temporary and permanent citizens, but especially those on temporary visas, it will require asking for the visa or permit, and knowing what the documentation in front of you means.
In short, you could come across six different types of work visas and each allows for a different type of employment, while carrying a unique set of responsibilities for the employer. If you are unfamiliar with these, have a look at the explanations in our corporate visa section.
The repercussions of not complying with the Immigration Act
If it is found that you are employing illegal foreigners or employing foreigners outside of the allowances of their visa or permit, you could face a prison sentence, as mentioned, or a hefty fine. The fines have been noted in the Immigration Act and range from R7 000 to a possible R50 000 per person, depending on the contravention. Taking into consideration the attitude of the Department of Home Affairs, you can be certain that fines will be enforced and they will be harsh.
Contact Sa Migration Immigration to help you comply
The Immigration Act is far from simple, so let Sa Migration Immigration help you ensure that you comply with its regulations and requirements.
Our corporate immigration specialists work with South African companies and foreign nationals on a daily basis, so we are the best source of information and know-how.
To get in touch with us you can either call us on 082 373 8415 or email us at info@samigration.com
www.samigration.com V.4198

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- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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