GENERAL WORK VISA

A General Work Visa may be issued to any foreign national who intends to take up employment in South Africa on the basis of a firm offer of employment. The amendment of the Immigration Act in 2014, saw the introduction of a Department of Labour Certificate process for those who wish to apply for a General Work Visa and this includes applications for renewals.

However, individuals who currently hold General Work Visas and wish to continue their employment in South Africa, may apply to the Minister to waive the Department of Labour Certificate requirement.

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WHAT ARE THE MAIN REQUIREMENTS?

Proof of evaluation of foreign qualifications of the successful candidate by the South African Qualifications Authority (SAQA).
A recommendation letter/certificate from the Department of Labour.
Copy of the applicants’ existing offer of employment.
Proof that the position was advertised in a national newspaper.
The above items serve as proof to the Department of Home Affairs that the position cannot be filled by South African Citizen or Permanent Resident.

WHAT IS THE DEPARTMENT OF LABOUR CERTIFICATE?

The Department of Labour Certificate is issued by the Department, confirming that despite a diligent search the prospective employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experience equivalent to those of the applicant.

HOW DOES ONE QUALIFY FOR A WAIVER?

Where a General Work Visa holder has been endorsed to work for a specific employer and in a specific role, and he/she will continue his/her employment as endorsed on the visa, the aforementioned requirement may be waived as the Act identifies the requirement as applicable to “prospective employers”.

Xpatweb will assist and guide you step-by-step through the entire process. Please contact us for further information.

GENERAL WORK VISA INFORMATION SHEET

FREQUENTLY ASKED QUESTIONS

What is a Waiver Letter?

It’s a formal written request to the Department of Home Affairs to set aside certain prescribed requirements, i.e. Where a General Work Visa holder has been endorsed to work for a specific employer and in a specific role, and he/she will continue his/her employment as endorsed on the visa, the Department of Labour Certificate may be waived as the Act identifies the requirement as applicable to “prospective employers” only. This can be submitted in-lieu of the Department of Labour Certificate.

I need to renew my General Work visa, what now?

As above, your case might require the necessary assessment in order to determine if –

You are currently employed with the same employer as endorsed on your visa and if so, a waiver may be optional; or
If you are not employed by the same employer and/or been offered new employment, alternative routes may need to be determined.

Can I change from a General Work visa to a Critical Skills work visa within the country?

Yes, however this must be done preferably 60 days before the expiry of your current visa or before you assume the new role.

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IN THE NEWS

Draft regulations on the employment of foreign nationals

DRAFT REGULATIONS ON THE EMPLOYMENT OF FOREIGN NATIONALS

The Regulations centers around the protection of local labour by first seeking employers to exhaust the local labour market before looking at employing foreign nationals.

GENERAL WORK VISA

WHAT ARE THE MAIN REQUIREMENTS?

WHAT IS THE DEPARTMENT OF LABOUR CERTIFICATE?

HOW DOES ONE QUALIFY FOR A WAIVER?

FREQUENTLY ASKED QUESTIONS

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DRAFT REGULATIONS ON THE EMPLOYMENT OF FOREIGN NATIONALS

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