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PERMIT OPTIONS » Work Permit |
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Employment
Persons wishing to seek or take up employment in South Africa need to obtain a work permit. There is a choice of various categories of work permits, which is to be made according to the type and duration of the post as well as to the applicant’s qualifications and/or experience.
General Work Permit
The classical work permit is the so-called general work permit.
Here, the prospective employer needs to motivate his need for the foreign applicant’s specific qualifications, skills or experience and to submit proof of his efforts to recruit a local candidate (amongst other things, by way of an advertisement of the position).
Further, the applicant’s qualifications need to be evaluated by the South African evaluation authorities, which is a time-consuming and costly exercise due to the large number of applications received by this authority.
Quota Work Permit
On 8 March 2006, the Minister finally published the necessary quotas and professional categories for the so-called quota work permit. The list came as a disappointment to those expecting it to be as general and flexible as its predecessor. However, for those who fall within its specialised categories and can prove at least five years work experience in their field, an opportunity is opened to obtain a work permit with substantially less effort.
In their case, the employer does not need to motivate and prove that the position cannot be filled with a South African citizen or permanent resident. Of particular interest is the fact that a quota work permit can now be issued even if no job offer or contract can be shown by the applicant. Such a contract is to be submitted to the Department within 90 days of issuing of the permit. The applicant’s qualifications need to be evaluated by the South African evaluation authorities which is costly and time-consuming.
DOWNLOAD - Quota Criticals Skills 
Exceptional Skills
Persons with exceptional skills or qualifications can be granted an exceptional skills work permit purely on the grounds of those skills or qualifications and independently of a particular job offer or position to be taken. The term “exceptional“ is not defined. However, the skills need to be proven by a prescribed set of documents.
Secondment
In the case of secondments or transfers of employees between branches, related or affiliated companies, a so-called intra-company transfer permit may be obtained. The administrational effort and requirements for this type of permit are less than in the other worker categories, but the permit is restricted to a period of 2 years and cannot be extended.
Voluntary or Charitable Activity
Persons wishing to take up charitable or voluntary activities in South Africa can obtain an extended visitor’s permit for a period of up to 3 years. It is within the nature and general definition of such activities that they may not be remunerated.
»» Permanent Residence
Permanent residence may be granted if an offer for permanent employment is received, the position has been advertised and the applicant falls within a certain category. Further, foreigners who have held a work permit in terms of the Immigration Act of 2003, as amended, qualify for permanent residence. A permanent residence permit on the grounds of exceptional skills may be issued without a work offer.
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| Newsbox |
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New Quotas (Critical Skills List) Published
[read more] |
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Legislative Amendments Delayed
[read more]
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Movement on Permanent Residence Applications
[read more]
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Minister's Response on Immigration Issues
Media Release from the South African Department of Home Affairs
[download]
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