Experts in South African Visas

This type of Visa is considered for an applicant who has been offered employment in the Republic.  In determination of the application, stringent conditions have been placed to protect the preference of citizens and permanent residents, by way of requiring that the Dept of Labour must endorse that a diligent search has been conducted by the employer and that no citizen or permanent resident has been found to equal the experience and qualifications of the foreign national.

To this end, the selection processes of the employer from advertisement of the job to the interview outcomes are all closely interrogated.

Unlike the critical skills work visa, the general work visa can only be applied for once an offer of employment has been issued, and the Dept of Labour has issued its endorsement. Immigration Law Associates can assist with the application of a waiver to show good cause why the requirement for the Dept of Labour endorsement must be dispensed with. This is usually the case in religious and sporting codes or in other instances where a good degree of certainty is present that the application will most likely succeed.

The Dept of Home Affairs publishes what is known as a Critical Skills List, which is an outline of fields or professions deemed critical to the development of the South African economy and job market, wherein skilled workers are not adequate within the Citizen and Permanent Residents’ community.

The DHA then came up with this type of Visa in order to enhance and augment skilled labour in these fields, by making it easier for skilled, qualified foreign nationals to obtain one year initial visas to look for employment. This effectively means a foreign national can be granted this visa without securing employment first, for one year, and of course upon acquiring such employment the visa will be issued for a longer period depending on the employment conditions.

Consideration of the granting on this type of Visa is strictly confined to the published list and any professional category that does not fall within the list should find application basis under a different Visa regime.

The skills fields listed on the Critical Skills list include:

• Life and earth sciences
• Academics and research

• Architecture and the built environment

• Agricultural and related activities
• Business, economics and management studies
• Engineering

• Health professions and related clinical sciences
• Information communication and technology

• Trades
• Business process outsourcing
• Post-graduates

• Professionals and associate professionals

An applicant stands a better chance to be issued with the Critical Skills Visa if the attained study falls within the above list, is a skilled worker or professional in the listed areas and possesses adequate skills and experience.

This is a Visa regime whereby a corporate conducting or wishing to conduct business in the Republic requires a high number of skilled foreign nationals, who must possess what are listed as critical skills.

The Dept of Labour and Dept of Trade and Industry are much involved in the endorsements before such Visas are issued.

This Visa was a result of the incidence of contract short term skilled work requirements. It gives the applicant the right to enter into the republic and conduct work related activities for 90 days and can be renewed for a further 90 days depending on the work activity. Short term construction projects usually utilize this facility. 

This Visa regime is whereby the foreign applicant is deployed, to an affiliate branch or subsidiary within the Republic, but whose parent company is based outside the Republic. The most important considerations in such application is the requirement that the applicant must have been in the employ of the company for at least 6 months, is issued non-renewable for 4 years, and to show real imminence of the transfer of skills to locals. 

This first type of this Visa is one applied for by a foreign nation, under 25 years of age, after having received an offer to conduct work in the Republic. The Visa will last, if issued, for a period not longer than the period of the exchange programme.

An over 25 Exchange Visa is applied for whereby a foreign national is participating in a cultural, economic or social exchange programme in South Africa. This activity shall be a temporary one.

A Treaty Visa may be issued to foreign national whose activities in South Africa are in accordance with an international convention to which South Africa is a party to. These activities may be social, economic, political or investment interests.