South Africa Work Visa

Source: Samigration, 28/12/2018

There are three common types of Work Visas:
General Work Visa
Inter Company Transfer Visa
Critical Skills Visa
General Work Visa
Under the General Work Visa there are very strict requirements.
The South African government, although trying to promote work and
trade in South Africa, recognize the need to give South Africans
the chance to obtain employment ahead of any foreigner. You will
have to prove that you are the only person who can fill that
position and that no other South African can play that role. This
is done by placing an advert in a national newspaper advertising
the position. A Department of Labour report would need to be
obtained. You will also have to have a job offer/contract from
your future employer. The most important part of the process is
skills assessment by SAQA (South African Qualifications Authority)
in SA which evaluates your formal qualifications and compares to a
SA qualification which process is mandatory and for this we would
need your academic transcripts and award diplomas. Note under the
regulations provision is made for the recognition of work
experience in the absence of formal qualifications and this
therefore makes provision for the recognition of prior work
experience ( RPL) . This is a paper based system which merely
compares the foreign qualifications and arrives at an equivalent
qualification in SA, if qualified in SA then no SAQA needed. Next
you as employer have to prove that you are the only person who can
fill that position and that no other South African can play that
role. This is done by placing an advert in a national newspaper
advertising the position. You will also have to have a job
offer/contract from your future employer. Please note the work
Visa is issued in the name of the employer so the person is tied
to the employer. If they change the job they will require a new
work Visa. There is some good news for people who are qualified
through work experience only and they can qualify if they do not
require formal qualifications, ie SAQA.
Inter Company Transfer Visa
An intra-company transfer work Visa may be issued by the
Department to a foreigner who is employed abroad by a business
operating in the Republic in a branch, subsidiary or affiliate
relationship and who by reason of his or her employment is
required to conduct work in the Republic. An important factor is
that the applicant has to have been employed with the company
abroad for a period of not less than 6 months.
The Intra company transfer is not designed to be a long term visa.
The idea is to bring in foreign workers employed by the company
abroad with a branch or subsidiary branch here in South Africa;
they work or conduct training for four years, and then return
home.
This Visa does not require the hassle of proving the company could
not find suitable applicants and it does not require the hassle of
verifying an applicant’s formal qualifications. It is based purely
on employment. If you are a company that needs to transfer in
foreign employers, please contact us and we will make this go as
smoothly as possible. It is important to note that this category
of work Visa cannot be granted for more than four (4) years and
this type of Visa is not extendable.

Critical Skills Visa
The Critical Skills Visa South Africa is for skilled workers whose
occupation is on the Critical Skills Visa List for South Africa.
This list reflects the occupations that are in demand in South
Africa.
The newly published eSkill’s or qualifications determined to be
critical for the Republic of South Africa in relation to an
application for a Critical Skills Visa or Permanent Residence Visa
This category of work visa may be issued to an applicant who falls
within a specific professional category or specific occupational
class determined by the Minister by notice in the Government
Gazette.
This is done after consultation with the Minister of Labour and
the Minister of Trade and Industry. If an applicant falls within
one of the professional categories listed on the critical skills
list and also has the appropriate post qualification working
experience in that profession then such applicant may qualify to
apply for this category of work Visa. The applicant also needs to
where applicable register with the relevant South African
professional accreditation body regulating that industry as
stipulated by Minister of Home Affairs .Such body must also
confirm the applicants skills, qualifications and working
experience. Furthermore, such applicants qualifications need to be
evaluated relevant to a South African level. An applicant for a
Critical Skills Visa may enter South Africa on such visa without
having secured a job offer first. It is, however, required of the
applicant to confirm employment with the Department of Home
Affairs within a period of one (1) year upon arrival in South
Africa, failing which, the Visa would automatically lapse. The
Critical Skills Work Visa is tied to an individual and not to an
employer so under this Visa a person can leave from one employer
to the next without obtaining a new work Visa.