You are in : Human Resources > Work Permit

Global Migration SA

Having the correct South African work permit is critical

Sun, 10 Aug 2008 18:01

The consequences of having the incorrect work permit can be serious: a foreigner may lose a job when a permit has to be redone; be unable to open a banking account or obtain finance for vehicles or housing in South Africa because his permit is for a short period only; or be restricted in applying for permanent residence.

In South Africa there are various types of work permits: quota, general, exceptional skills, intra-company, exchange and business permits. There is also a retired person’s work permit, and certain visitors’ permits allow foreigners to work here for a short while.

Getting the right permit requires thinking and planning, and a professional immigration practitioner can give the foreign worker a proper assessment, based on his current and long-term plans for himself and his family.

The quota work permit is available to foreigners whose skills fall into specific categories where there are shortages in South Africa. These skills categories are determined by the Minister of Home Affairs, who decides annually on the number of permits to be issued for each category, to satisfy the needs of our economy.

Normally only around 15 to 20% of the quotas are filled as Home Affairs does not actively market and recruit abroad, and it is difficult for skilled foreigners based overseas to handle the application process on their own.

The distinguishing factor of the general work permit is that the person must have a job offer in South Africa, and the prospective employer – any company from any industry sector - must show that they have been unable to recruit a South African with the necessary skills, despite advertising nationally. This type of permit may also be granted to a foreigner with rare skills not included on the quota list.

An exceptional skills permit is usually granted to a person who has excelled in his field, such as an academic who has published, or someone who has impacted on his industry at a high level in his own country, like a top sports coach. Home Affairs would require documentary proof to validate that person’s achievements.

Intra-company permits are typically used by multinationals to bring in key management staff, and are currently issued for two years. If the foreigner becomes an integral part of the local operation, the intra-company permit can be changed to another permit before expiry.

Once an intra-company permit expires, the foreigner must leave the country. This permit also does not lead to permanent residence, which could impact on companies wanting to retain the services of key individuals.

A corporate permit is for companies that know in advance they will need large numbers of foreign workers with particular skills not available in South Africa. We normally recommend this to clients needing more than 20 people for particular projects.

Granting of an application for the required number amounts to pre-approval from the Departments of Trade and Industry, Labour and Home Affairs. Once individual workers have been identified and recruited, Home Affairs issues an authorisation certificate enabling foreigners to come in and start work more quickly, although the normal documentation must still submitted.

An exchange permit may be issued to under-25-year-olds involved in exchange programmes initiated by government departments or higher education institutions – for example, a foreign government may send young engineers here to train with a South African government department. Exchange permits are valid for one year.

When the permit expires, the person must leave the country and may only apply for another temporary residence permit two years later.

Certain visitors’ permits allow applicants to work here for six months, with the permission of Home Affairs.

Overseas manufacturing companies may, for example, send in staff to do specialised installations of equipment, which can’t be done locally. Home Affairs may also permit students to do 20 or more hours’ part-time work per week as practical training relating to their studies.

A retired person’s permit may be changed to allow a retired person to work for any number of reasons including where skills are in short supply, but applications must be motivated to Home Affairs.

If a foreigner invests in South Africa and is granted a business permit, he is permitted to work in and operate that business without special permission.

Having a business permit or exceptional skills permit allows foreigners to apply immediately for permanent residence, without the usual waiting period of five years required of those holding general, quota or other permits.

• Leon Isaacson is the MD of Global Migration, a national immigration company, which advises corporates and individual clients about immigration options and opportunities in South Africa.

For more information on Global Migration SA Click Here

Related Articles