Visa waivers and fast-track entry

Source: SAMI, 31/10/2019

What are the main work and business permit categories used by companies
to transfer skilled staff?
South Africa Sa Migration International
The categories are dependent upon the employment relationship with the
foreign national (direct employment with the South African entity or
retention of employment with an entity abroad), the expected assignment
or employment duration, the skills, qualifications and experience of
the foreign national and the role to be performed by the foreign
national within South Africa.
Intra-company transfer (ICT) work visas are utilised for the transfer
of skills between affiliated entities where the foreign national
retains employment with the group entity abroad. An ICT work visa may
be issued for a period of up to four years.
Corporate visas may be issued to any employer demonstrating a need for
a predetermined number of foreign nationals within specific roles for a
limited duration to the satisfaction of the DoL, the Department of
Trade and Industry (DTI) and DHA. The issuance of the visa is subject
to such employer operating within certain industry sectors as
prescribed in the national interest and possessing and maintaining a
workforce comprising a minimum of 60 per cent South African citizens or
permanent residents in permanent employment. An individual corporate
work visa is issued to an individual foreign national based on the
corporate visa held by the prospective employer.
General and corporate work visas are utilised where a foreign national
commences direct employment with a South African entity. These work
visas may be issued for a period of up to five years subject to the
duration of the employment contract or the validity period of the
corporate visa (held by the employer); however, additional labour law
requirements, administered by the DoL, have recently been introduced.
A critical skills work visa is available for foreign nationals
intending to take up direct local employment who comply with prescribed
skills to facilitate the importation of foreign nationals holding
specific skills to the benefit of South Africa. In certain instances, a
critical skills visa may be issued to a foreign national, in the
absence of a contract of employment, for a period of up to 12 months
subject to the foreign national confirming securing employment within
12 months of the date of issuance of the visa.
Procedures
What are the procedures for obtaining these permissions? At what stage
can work begin?
South Africa Sa Migration International
ICT work visa
An ICT work visa may be issued to a foreign national who is employed
abroad by a business operating in South Africa in a branch, subsidiary
or affiliate relationship and who by reason of employment is required
to conduct work in the country. A foreign employment contract and
letters of motivation from the related home and host entities
confirming the purpose and duration of the transfer are required. The
host entity should sufficiently motivate the foreign national to be in
a position to transfer skills and knowledge to the host entity during
the assignment period (he or she must submit a detailed skills transfer
plan upon application) and will depart the country upon completion of
the tour of duty.
The foreign national applicant must have worked for the home country
entity for a minimum period of six months prior to becoming eligible
for an ICT work visa.
www.samigration.com