South African General Work Visa Permit

South African General Work Visa

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South African work visa and permit categories cater for a range of workers, professionals and individuals, from persons with skills listed on the critical skills list to those married to South African citizens who want to apply for spousal visas to live and work in the country. It is therefore important to assess your individual situation with the help of an immigration expert who can best advise you which work permit or visa application is most likely to succeed in your case.

The various broad visa categories you will need to consider before applying include:

General Work Visa

Critical Skills Visa

Corporate Visa

Spousal Visa

Intra-Company Transfer Visa

Permanent Residence Permit

Business Visa

Study Visa

Visitors Visa – Section 11 (2)

Retired persons Visa

Relatives Visa

Volunteer Visa

Each of the above visa categories has its own list of special requirements that you will have to meet upon application and more information can be found if you follow the above for each visa type.

How do I get a General Work Permit in South Africa?

The General Work Permit in South Africa is officially known as the South African General Work Visa.

In order to apply for a South African Work Visa, or in this case, the South African General Work Permit, one has to obtain certification from the Department of Labour (DoL) in order to prove that your prospective employer is unable to fill the job position, that has been offered to you as a foreigner, with a similarly qualified South African citizen.

The amendment of the Immigration Act in 2014 (“the Act”), saw the introduction of a Department of Labour (“DoL”) Certificate as a necessary prescribed requirement for a General Work Visa application and subsequent renewal applications, which has caused many disappointments for foreigners and their future or existing South African employers.

Since the introduction of the certification requirement, General Work Visa applicants and their employers have been following a lesser-known procedure, offered by the Department of Home Affairs (“DHA”) that allows them to surpass the certification requirement, especially where urgent project work is required. This involves an application to the DHA for a waiver letter that in effect substitutes the DoL certificate requirement for the visa application.

In terms of section 31(2)(c) of the Act, the Minister of DHA may for good cause waive any prescribed requirement or form. A waiver application is a formal written request to the DHA to set aside certain prescribed requirements for a visa in any category, in this case, the General Work Visa. This means that companies or individuals may for good cause be exempted from certain prescribed requirements, where sufficient motivation is provided.

DoL Certificate versus DHA Waiver for the General Work Visa Application

The DoL Certificate is a recommendation to the Department of Home Affairs (DHA) regarding the suitability of a foreign candidate for a job position in a local company and/or the company’s compliance with relevant legal employment requirements before they may employ foreign nationals holding a General Work Visa.

This General Work Visa application requires a company to submit proof that typical recruitment processes have been followed when considering prospective job applicants for the position they want to fill. Some of these requirements include the submission of copies of Curriculum Vitae’s and the firm’s interview notes of South African candidates that may have been identified as potentially suitable for the position.

Conversely, a DHA waiver application requires a firm to provide the relevant supporting documentation and motivation as to why a foreign national has been selected to fill the position, rather than a South African candidate with similar skills and qualifications.

The waiver option is far more appealing and effortless than the DoL application, however, it is most often considered based on the merit and credibility of both the foreigner and the South African company, and it cannot be misused simply due to the perceived relaxed legal requirements for the General Work Visa.

If a waiver application is to be considered, proper motivation covering the DHA’s required specifications, must be supplied and outlined within the application. Once a positive waiver outcome has been received, this must be submitted with all the other required documents so that the DHA can process the General Work Visa application, hopefully with a positive outcome.

There’s a catch when applying for the General Work Visa in South Africa

The General Work Visa aims to cater for individuals who do not qualify to apply for other categories of work visas, providing them with the opportunity to work and live in the country.

However, in order to apply for this visa the candidate must have an offer of employment from a South African employer that needs to fill a position that requires a critical skill, which does not reflect on the current critical skills list.

In most instances and despite its name, the General Work Visa unfortunately does not cater for unskilled or semi-skilled workers, unless the employer can demonstrate an imperative need to fill the position.

Rejected Visa

NEWS | REJECTED VISA? WHAT NOW?

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This places foreign nationals in South Africa in a disconcerting position and unsure where to turn to next.

Here are some of the Most Common Reasons Why Applications are Rejected

According to Marisa Jacobs, Managing Director at Xpatweb, one of the main reasons is a failure to meet the requirements in terms of the visa type being applied for.

Other reasons include:

  • Eligibility of the visa that was applied for;
  • Fraudulent existing visa and/or documents; or
  • Material and technical errors within the application pack.

Appealing Your Application Outcome

Jacobs confirms that you may appeal the rejection within 10 days of receiving the outcome should you feel that the decision by the DHA materially and adversely affects your rights and/or is unfair.

An appeal application may be submitted within South Africa, or abroad, dependent on the place of the original submission, however, should you be in South Africa at the time of a pending appeal application, and hold an expired visa, you may not leave the country until the appeal is finalised, as you will be declared undesirable upon departing the country.

Other Alternatives

In many cases, the best recourse may be to apply for a brand new application as an initial application may be too flawed to defend or otherwise convince the DHA adjudicator to reconsider the applications based on the reasons stated for the rejection, or, otherwise considering the processing timeframe of an appeal application that can take between 2 – 12 months, whereas a visa application is between 4 – 8 weeks.

Tips to Improve Your Chances of a Favourable Outcome:

  1. Ensure that you are applying for the correct visa category and that you comply with ALL of the requirements for the relevant visa application.
  2. When applying from another country, ensure to check the South African Embassy’s / High Commission’s specific requirements. These differ slightly depending on the place of submission.
  3. All documentation must be genuine and original. Where copies are provided, always ensure that they are certified/notarised by a Commissioner of Oaths or Notary, or relevant authorities in the country in which you are submitting.
  4. Double-check your documents to ensure that all of the information is completed correctly and consistently.

It is advisable that it is always best to seek professional guidance and/or assistance from an Immigration Expert as rejected applications are daunting and can often be avoided. Experts in the field will be able to point out the legality, as well as technical aspects of a rejected application and provide optimal solutions on the best way forward.

Contact us at contact@xpatweb.com should you be facing an adverse decision and require guidance to maintain your stay in South Africa legally.

Accounting A Critical Skill For South Africa

NEWS | ACCOUNTANCY A CRITICAL SKILL FOR SOUTH AFRICA

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“Due to a shortage of accountants, organisations are forced to source and recruit foreign nationals to fill the gap,” says Faith Ngwenya, Technical and Standards Executive at the South African Institute of Professional Accountants (SAIPA).

Professional bodies play a key role in ensuring only foreign accountants who demonstrate professional competence and ethical integrity are permitted to practice locally under a Critical Skills Work Visa.

Critical accountancy skills

Accountancy roles included in the draft Critical Skills List are general accountant, management accountant, tax professional, accountant in practice, financial accountant, forensic accountant, accounting officer, external auditor and internal auditor.

Marisa Jacobs, Managing Director at Xpatweb agrees with the nominated roles. The company runs an annual Critical Skills Survey and was the only private sector organisation invited to present its findings to the various Departments compiling the draft Critical Skills List. “8 percent of our respondents report difficulty in recruiting skills in the accountancy and finance fields,” she says.

Asked why there are not enough local accountants, Jacobs says the problem is relative: “There are definitely many qualified accountants in the country but demand outpaces supply.”

If this is true, why do many accountancy graduates struggle to find work? “Companies are unable to risk the integrity of their accountancy function on inexperienced candidates,” says Jacobs.

The role of professional bodies

For foreign professionals to apply for a Critical Skills Visa, the Immigration Act requires that they meet certain requirements.

First, they must obtain a confirmation, in writing, from a professional body, council or board recognised by SAQA, or any relevant government Department confirming the skills or qualifications of the applicant and appropriate post qualification experience.

Second, if required by law, they need proof of application for a certificate of registration with a professional body, council or board recognised by SAQA in terms of the National Qualifications Framework Act.

Third, they must possess proof of evaluation of their foreign qualification by SAQA, which must be translated by a sworn translator into one of the official languages of the Republic.

Ngwenya says that SAIPA strives to ensure these accountants can move as quickly as possible into their new posts for the sake of economic growth. However, she insists that its standards for professional excellence and ethical conduct must be maintained throughout.

The Institute also has agreements with several international professional accountancy bodies to facilitate their members being able to work in South Africa under SAIPA’s oversight.

However, foreign national accountants should never be recruited for the sole purpose of ‘catching up on work’. “There must be well-defined programmes to transfer skills and experience to South African professionals in a way that can be measured and verified,” says Ngwenya.

Organisations also need to establish a strong succession process to identify suitable candidates who will assume key roles when the foreign accountants vacate their positions to return home.

Accountancy career path

The fact that accountancy roles appear on the draft Critical Skills List confirms the profession’s importance in economic development. It also promises enduring demand in the job market and stable income for those who pursue it as their occupation.

“We encourage anyone who enjoys working with numbers to consider a career in accountancy as they will never regret their decision,” says Ngwenya.

High school students and those wishing to study towards a business degree can visit SAIPA’s website to gain a better understanding of the Institute’s career development path and the membership opportunities open to them.

Lastly, corporate accountancy departments and private accountancy practices that have enjoyed all the profession has to offer should take on trainees. “This will help our South African graduates gain vital practical experience to practice responsibly and ensure business has enough competent accountants in the future,” says Ngwenya.

Source: SAIPA Accredited Training Centre (ATC)

NEWS | XPATWEB SURVEY REVEALS TOP 10 CRITICAL SKILLS SOUTH AFRICAN BUSINESSES WANT MOST

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The Top 10

Survey participants indicated the following skills as most in demand but hardest to source locally: engineers (18%); ICT specialists (13%); foreign language speakers (10%); media and marketing specialists (9%); artisans (8%); C-suite executives (7%); senior financial executives (6%); healthcare specialists (5%); science professionals (4%); accounting professionals (1%).

Of note is the increasing urgency for media and marketing specialists, which Jacobs says is probably due to digital advances, the social media marketing explosion, and the growing sophistication of the marketing profession itself.

Respondents are also concerned that the exclusion of Corporate General Manager from the National Critical Skills List will impact their search for executives with international experience. “We anticipated the term would be replaced with specific titles, like CEO or CFO, to avoid abuse but, so far, this does not appear to be the case,” says Jacobs.

Even if their title does not appear on the Critical Skills List, organisations can still bring in foreign executives. Yet, the process involved is much longer and may cause C-suite candidates to favour offers in other regions where painless migration is assured.

Business impact

77% of organisations reported that they struggle to source critical skills in South Africa for local and cross-border operations. 76% asserted that an international search will help them satisfy their objectives.

92% indicated that missing critical skills have an impact on stakeholders within their organisation. The gaps are typically associated with the top ten critical skills above.

Skills transfer and succession planning

South African employers are sometimes accused of overlooking local talent in favour of foreign professionals. However, 81% of respondents view succession planning and skills transfer as a priority for their business.

“Many organisations have exited their foreign nationals after successfully transferring their competencies and responsibilities to local employees,” reports Jacobs. Unfortunately, the demand typically outstrips the pace of transfer.

Experience and education

Although demand is high, employers cannot risk the integrity of their operations by hiring inexperienced employees. 38 percent require three to five years experience while 28 percent demand over five years.

Similarly, 49% seek an undergraduate degree and 23% desire a postgraduate or honours degree.

Professional bodies

Foreign employees entering South Africa on a critical skills visa must first be registered with a local professional body representing their industry. 21% of respondents find the registration process of professional bodies onerous when applying for such a visa.

“While many bodies enable the efficient entry of foreign talent, others need to review their requirements and processes to ease entry while maintaining their professional standards,” suggests Jacobs.

Valuable data

Xpatweb was the only private sector organisation invited to present its 2019 survey findings before  the Departments compiling the new National Critical Skills List.

“We believe this speaks to the quality of our data, the integrity of our research methodology and the utility of the survey report,” says Jacobs.

The Xpatweb 2020/21 Critical Skills Survey Report is freely available for download from the company’s website, after registration.

AUTHOR
Marisa Jacobs
Marisa Jacobs
Director

Countries South African Emigrate to.

NEWS | THESE ARE THE COUNTRIES SOUTH AFRICANS WANT TO EMIGRATE TO RIGHT NOW

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The report also raises red flags around the number of skilled South Africans who are leaving the country – both physically and virtually.

“The Covid-19 pandemic has significantly impacted foreign skilled professionals’ perceptions and the government is encouraged to consider these views when seeking to enhance South Africa’s global popularity as a designation for skilled professionals,” Xpatweb said.

Citing data from the Boston Consulting Group, Xpatweb said that the number of people willing to relocate for work has declined since 2014.

However, the data also shows that most people’s view of work had been changed by the pandemic, with the result that countries that have managed the pandemic well by ‘flattening the curve’ grew in popularity as emigration destinations.

Desired emigration countries now include:

  • Canada;
  • US;
  • Australia;
  • Germany;
  • UK;
  • Japan;
  • Switzerland;
  • Singapore;
  • France;
  • New Zealand.

“On an extremely positive note, 57% of respondents indicated that they would be willing to work remotely for a company that did not have a physical presence in their home country,” the group said.

However, Xpatweb said that there is a concerning factor that 73% of organisations would also consider this option, which could further accelerate the skills brain drain without citizens even leaving the country.

“This may be good news for the fiscus, but it is a concern for South African businesses, which will now have to compete on this new virtual plane to retain the interest of local skilled professionals for whom it is becoming increasingly easy to be globally mobile while working remotely from home.”

However, the group said that there are a number of skills that are still in short supply in South Africa, with demand set to continue for at least the next few years as other countries are also facing similar skills challenges.

Virtual brain drain

The Boston Consulting Group has said that this shift in working patterns could have interesting implications, with Africa emerging as a possible virtual talent pool for Western companies.

“This is especially the case for European employers, who don’t need to deal with much time difference when employing African talent remotely,” said Rudi van Blerk, principal and recruiting director at Boston Consulting Group, Johannesburg.

“This could be a good opportunity for South African workers to gain global work experience, build their career, and get better compensation – without having to worry about visas or relocation costs.

“However, this could present the risk of virtual brain drain for the South African economy,” he said.

While there is less willingness now to pull up stakes and move to a foreign country, the data shows a high level of enthusiasm for virtual mobility – staying in one’s home country while working for a foreign employer.

“Workers in the whole of Africa have shown that they are very open to working remotely for a foreign employer,” said Wiebka Cooper, operations manager at CareerJunction.

“Remote working has grown significantly as a trend because of the pandemic and offers opportunities for workers to advance their careers even with international companies without needing to relocate.”

Source: Businesstech