Work Permit

There are different categories of South African work permits, from which a foreigner can select the one most suitable for his or her specific needs:

Intra-company transfer work permit
This category of permit has mainly been created for the transfer of employees to South Africa. Aim is, to create the possibility for international companies to be able to transfer important employees to a daughter- or affiliated company for a certain amount of time. This kind of permit is currently being issues for a period of up to two years and cannot be extended thereafter. This relatively short period does not comply with international practice. Hence, the government has decided to increase this period to four years, which has been noted in the new draft regulations. However, the draft regulation has not been made official yet. In comparison to other types of work permits, the preparation process as well as the required documentation from the applicant for this permit is relatively easy to manage.

Quota work permit
Are issued in limited numbers and only to persons, who seek work within certain industries and / or line of work. These are stipulated in the law and have been selected as no sufficient skilled workers within such line of work are available in South Africa. This type of permit is suitable for persons, who fall within one of these categories and can proof a minimum of five year’s experience within such. It offers the possibility to apply for a work permit that requires less effort, compared to an application for a general work permit. i.e. the employer is not required to proof that no suitable South African can be found to fill this position. Aside from his / her personal documents, the applicant must supply proof that he /she falls into one of the categories, for which no workers are available in South Africa. After issuance of the permit the applicant is given 90 days to find work, which falls into such field / industry or line of work. The applicant will also be expected to have his / her qualifications evaluated by SAQA (South Africa Qualifications Authority).

General work permit
Exists for those applicants that do not qualify for any of the other work permit categories, who can, however, through this permit still qualify for a work permit. One important requirement is, to submit proof of extensive efforts made by the prospective employer to find a local candidate for the position to be filled, before deciding for the foreign candidate.

Exceptional skills work permit
This type of work permit is issued to foreign applicants, who have exceptional skills and / or qualifications. To judge these and for proof of such exceptional skills / qualifications a letter of recommendation from a stately South African or foreign authority (i.e. a university or trade chamber) is necessary. Further, publications or similar documentation about the applicant and his work are to be submitted with the application as proof of the exceptional skills / qualifications, as well as references from previous employers. It is to be pointed out, that applicants rarely qualify for this type of permit. Reason for this is that, the requirements set in respect of the qualifications are extremely high and because the term exceptional is not defined by law. Compared to other types of work permit, an applicant for this permit is not bound to an employer, but can choose whether he / she wants to be employed, self-employed or to work on a freelance basis. However this type of work permit will cease to exist in its current format once the new immigration law comes into effect in 2012. From then on the skills need to be “critical”, which to determine is up to the Director General of the Department of Home Affairs.