South Africa Work Visa

Source: SA Migration, 18/03/2019

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 applicants 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.