IDENTIFY CRITICAL SKILLS CATEGORY

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Antony Edwards
6 years ago
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1 Critical Skills Work IDENTIFY CRITICAL SKILLS CATEGORY SAQA The foreign professional must qualify for one of the critical skills work visas that are listed in the Government Gazette dated 3 June We attach a list of the pages for ease of reference. The foreign professional must apply for an evaluation certificate from the South African Qualifications Authority. The South African Qualifications Authority will evaluate the foreign qualifications according to the standards in South Africa. Critical Skills Work PROFESSIONAL BODY PROFESSIONAL BODY - LETTER The foreign professional must register at the relevant professional body that is recognised by the South African Qualifications Authority. The foreign professional will apply for a letter of confirmation from the relevant professional body that is recognised by the South African Qualifications Authority or recognised by a Government Department. Critical Skills Work PERIOD OF WORK The critical skills work visa will be issued for 5 years or in line with the employment contract. The critical skills work visa can be extended from within South Africa. The foreign professional does not have to depart from South Africa. Critical Skills Work CHANGE OF EMPLOYER Should the foreign professional wish to change employer as the holder of a critical skills work visa, an application for a change of employer must be submitted at the VFS Centre in South Africa. The holder of a critical skills work visa will qualify for South African permanent residence once proof can be provided that the foreign professional has been working in the specific position for a minimum period of 5 years since the foreign professional obtained his/her qualification. This general work visa is issued to foreign professionals that does not qualify for any of the critical skills work visas that are listed in the Government Gazette dated 3 June The first stage to a general work visa is to apply for a recommendation from the Department of Labour.

2 The Department of Labour will notify the employer that the recommendation was forwarded to the South African mission and that the foreign professional can go ahead and submit the general work visa application. Neither the foreign professional nor the employer will know whether the recommendation from the Department of Labour is negative or positive. The notification from the Department of Labour will be submitted in support of the general work visa application at the South African mission. HIGH RISK ALTERNATIVE The recommendation from the Department of Labour might take some time to be forwarded to South African mission as this process at the Department of Home Affairs is currently very unstable. The Department of Labour and the Department of Home Affairs will not grant a work visa to a foreign professional in the event that there is a South African citizen or South African permanent resident with the same qualifications and experience that can fill the position. The application for a recommendation at the Department of Labour takes approximately 2-6 months to be processed. The application can only be submitted once the notification from the Department of Labour is received. In the event that the employer can provide a strong motivation, an application for a waiver from certain requirements can be submitted instead of the application for a recommendation at the Department of Labour. The application for a waiver from certain requirements are submitted at the South African mission. PROCESSING The application for a waiver from certain requirements are forwarded to the Department of Home Affairs for processing. HOME AFFAIRS The Department of Home Affairs takes approximately 3-6 months to process an application for a waiver from certain requirements.

3 OUTCOME OF THE WAIVER The Department of Home Affairs will forward the outcome of the application for a waiver from certain requirements to the South African mission. The Department of Home Affairs will notify the employer of the finalisation of the application for a waiver from certain requirements. The notification from the Department of Home Affairs will be submitted in support of the general work visa application. A copy of the outcome of the application for a waiver from certain requirements are provided to the employer, however in very few occasions and is not guaranteed. PERIOD OF WORK The general work visa is issued for a period of 5 years or in line with the employment contract. The general work visa can be extended from within South Africa. The foreign professional does not have to depart from South Africa. The holder of a general work visa will qualify for South African permanent residence after a period of 5 years continuous employment in South Africa. Intra Company Transfer PERIOD OF WORK In the event that a foreign professional is employed at a branch or an affiliated company abroad for a minimum period of 6 months, the foreign professional qualifies for an intra company transfer work visa. The intra company transfer work visa is issued for a maximum period of 4 years. Intra Company Transfer The intra company transfer cannot be extended. The holder of an intra company transfer work visa does not qualify for South African permanent residence.

4 Intra Company Transfer SKILLS TRANSFER PLAN A skills transfer plan is of utmost importance in support of the intra company transfer work visa. We recommend that a skills transfer plan be implemented for each position at the company in South Africa. A foreign professional who would like to start his/her own business in South Africa or a foreign professional who would like to invest in an existing business in South Africa. INVESTMENT TRADE AND INDUSTRY TRADE AND INDUSTRY TRADE AND INDUSTRY A foreign professional who wishes to invest R5 million in South Africa will qualify for a business visa. The funds must originate from abroad. The first stage to a business visa is to submit an application for a recommendation at the Department of Trade and Industry. The Department of Trade and Industry will check whether the business is of national interest and whether the business will be feasible. The Department of Trade and Industry will forward the recommendation directly to the South African mission. A notification will be forwarded to the foreign professional. The foreign professional will not know whether the recommendation was negative or positive. The notification from the Department of Trade and Industry will be submitted in support of the business visa application. The business visa can be extended from within South Africa. The foreign professional does not have to depart from South Africa. MAINTENANCE The foreign professional will be required to action the conditions listed on the business visa on an annual basis.

5 The holder of a business visa qualifies for South African permanent residence immediately after the business visa is issued. The South African permanent residence application is submitted in South Africa at the VFS Centre. Study PERIOD OF STUDY Any foreigner that would like to study in South Africa at an Educational Institution that is recognised by the Department of Education. The study visa will be issued for a period in line with the course at the Educational Institution or for a maximum period of 8 years for primary school and maximum period of 6 years for secondary school. Study Study Flagged as undesirable at the port of entry MEDICAL AID ACCEPTANCE OR ENROLLMENT LETTER RESIDENCE OVERSTAY APPEAL OUTCOME OF OVERSTAY APPEAL A medical aid / medical insurance recognised in South Africa is of utmost importance in support of a study visa application. We strongly recommend that a medical aid be obtained in South Africa. The acceptance letter or enrolment letter is required in support of the study visa application. The study visa can be extended from within South Africa. The foreign professional does not have to depart from South Africa. The study visa can also be changed to a different visa from within South Africa, provided that the study visa does not hold any conditions. The holder of a study visa will only qualify for South African permanent residence in the event that the main applicant wishes to apply for South African permanent residence. An overstay appeal can be submitted electronically at this stage directly at the Department of Home Affairs head office to uplift the undesirable flag, provided that we have a strong motivation for the appeal. The outcome of the overstay appeal is received in the form of an official letter electronically. The outcome will state whether the upliftment was successful or not successful.

6 SUPPORTING The foreign professional will action all the personal documentation in support of the application such as medical certificates, radiological reports, police clearance certificates etc. The foreign professional will be required to visit the South African mission in person to submit the application. PRESCRIBED FEE The foreign professional will be required to pay the prescribed fee in the prescribed format when visiting the South African mission to submit the application. The processing period at the various South African Missions are between 10 and 60 working days. IN ENGLISH All supporting documentation must be in English or translated into English by a sworn translator. OF The supporting documentation is only valid for 6 months. POLICE CLEARANCE LONG PROCESS SAQA PROCESSING PERIOD PROFESSIONAL BODY PROCESSING PERIOD ACCOMPANY SPOUSE ON A VALID WORK Police clearance certificates are required for each country the foreign professional resided in for a continuous period of 12 months since his/her 18th birthday. This is a long process and should be actioned as the first priority for all family members 18 years and older. The processing period at the South African Qualifications Authority is 15 working days, provided that the verification from the Educational Institution abroad can be done within the given timeframe. The verification from abroad can cause a very long delay. The processing period at the various professional bodies are between working days. The holder of an accompanying spouse on a valid work visa is allowed to change status from within South Africa to a suitable work visa, provided that the spouse qualifies for a suitable work visa and provided that there is no condition on the accompanying spouse visa.

7 PERSONAL We strongly recommend that the personal documentation in respect of all applicants be readily available in South Africa at all times such as qualifications and the academic transcripts thereof, unabridged marriage certificates, unabridged birth certificates, divorce decrees, medical aid that is recognised in South Africa etc. OF THE PASSPORT The expiry date of the passport must be high on the priority list of each family. Each time the passport is renewed, a transfer of permit into the new passport application must be submitted.

[Section 10(2)(c) to (k); Regulation 9(1)] Work Visa: Intra-company

STAATSKOERANT, 22 MEI 2014. 37679 79 (DHA-1738) Form 8 DEPARTMENT OF HOME AFFAIRS REPUBLIC OF SOUTH AFRICA APPLICATION FOR VISA TO TEMPORARILY SOJOURN IN THE REPUBLIC [Section 10(2)(c) to (k); Regulation