Work permits
applications for South Africa are dealt with by the Department
of Home Affairs. However, the South African authorities have
delegated intra company transfer applications (where the
worker is moving within the same international group) and
secondment (where a foreign firm sends an employee to a
client's site in South African in accordance with a service
contract) to their High Commissions and Embassies. It is with
these applications that workpermit.com can assist.
How long will it take to get a
candidate on-site with a South African Work Permit?
Properly presented applications can be
processed very quickly, in just over a week. Once the
application is approved, the candidate may travel immediately
to South Africa to start work.
Can My Company Apply for a
Work Permit to Second an employee to South Africa?
There are two types of permit that can
be issued by the High Commission:
1. Intra Company Transfer
The company will need to fulfil the
following criteria:
- Have an established presence in the
UK.
- Have an established presence in
South Africa.
- These two companies must be part of
the same international group.
- The candidate moves from employment
in the UK office to be employed in the South African office.
2. Secondments
A UK company may send a consultant to
it's South African client to install a product or as part of a
contract to provide services to them. Please note the
contractor sent to South Africa must genuinely be part of a
wider service agreement, for example installing propriety
software.
Does the Candidate Qualify
to be Seconded to South Africa?
There are no explicit criteria
relating to the candidate, however the following items are
good rules of thumb by which to judge whether a candidate
would be suitable:
- They must be able to do the job
- They should have worked for the
company for at least six months.
This is necessary as most applications
are made on the premise of the candidate having specialist
knowledge of the companies operations.
How do I apply for a South
African Work Permit?
A work permit application is actually
an application for a temporary residence permit. They should
be submitted in the South African High Commission in the
country where the candidate is normally resident.
These applications are quite extensive
and will involve producing original signed documents form both
the South African and UK offices, the time needed to do this
should be factored into plans.
South African Work Permits
Frequently asked Questions.
Can my company apply for all
types of work permit through the High Commission?
No. It is only possible to make
applications for work permits for employees who are being
seconded within an international group, (an intra-company
transfer)
Can the candidate be accompanied by
his/her family?
Yes. However additional documentation
will be required.
Can a candidate apply for a
work permit?
No. The employer must make a work
permit application, and the resulting permit will be
employer-specific.
Is it necessary to apply for
the visa separately?
No for South Africa the visa is
included in the work permit application.
What is the difference
between "body shopping" and providing a service?
It is not possible to obtain a work
permit for a candidate who is being body shopped, but it is
possible for a candidate under a contract to provide services.
The key differences are:
- The sponsor may not be a
recruitment agency.
- The staff remain on the payroll and
line management of the service provider.
- The services are above and beyond
that of just a contractor – e.g. consultants assisting in
the installation of a propriety product sold to a client.
- The services provided must be shown
to be in the normal run of operations for the service
provider.
What elements should be
included in a service contract to ensure that it is suitable
for a work permit application?
A provision of service contract should
include the following elements:
- The day to day line management of
the consultants remains with the service provider
- It should include warranted
deliverables.
- It should cover the entire period
for which the permit is required.
- It should be signed by both
parties, and on the client headed paper.
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