| (1) |
An applicant for a general work visa, critical skills work visa or intra-company transfer work visa shall submit— |
| (a) |
a written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary; and |
| (b) |
a police clearance certificate. |
| (2) |
The employer shall ensure that the passport of his or her employee is valid at all times for the duration of his or her employment. |
| (3) |
An application for a general work visa shall be accompanied by— |
| (a) |
letter issued to the prospective employer by the Department of Labour to the effect that a certificate has been issued to the Department confirming that― |
| (i) |
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; |
| (ii) |
the applicant has qualifications or proven skills and experience in line with the job offer; |
| (iii) |
the salary and benefits of the applicant are not inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the Republic; and |
| (iv) |
the contract of employment stipulating the conditions of employment, signed by both the employer and the applicant, is in line with the labour standards in the Republic and is issued on condition that the general work visa is approved; |
[Regulation 18(3) substituted by section 7 of the First Amendment of the Immigration Regulations, 2014, Notice No. R. 1328, GG42071, dated 29 November 2018]
| (4) |
A general work visa shall be issued for a period not exceeding five years. |
| (5) |
An application for a critical skills work visa shall be accompanied by proof that the applicant falls within the critical skills category in the form of— |
| (a) |
a confirmation, in writing, from the professional body, council or board recognised by SAQA in terms of section 13(1)of the National Qualifications Framework Act, or any relevant government Department confirming the skills or qualifications of the applicant and appropriate post qualification experience; |
| (b) |
proof of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, if such registration is required by law: Provided that in the case of submission of— |
| (i) |
proof of application for a certificate of registration, the critical skills work visa may be issued for a period not exceeding 12 months; or |
| (ii) |
proof of a certificate of registration, the critical skills work visa may be issued for the period referred to in subregulation (6); |
[Regulation 18(5)(b) substituted by section 5(a) of the Second Amendment of the Immigration Regulations, 2014, Notice No. R. 4847, GG50675, dated 20 May 2024]
| (c) |
proof of evaluation of the foreign qualification by SAQA and translated by a sworn translator into one of the official languages of the Republic. |
| (6) |
A critical skills work visa shall be issued for a period not exceeding five years. |
| (7) |
A spouse and dependent children of a holder of a critical skills work visa shall be issued with an appropriate visa valid for a period not exceeding the period of validity of the applicant's critical skills work visa. |
| (8) |
An application for an intra-company transfer work visa shall be accompanied by— |
| (a) |
the foreigner's contract of employment with the company abroad valid for a period of not less than six months; and |
(b) a letter from—
| (i) |
the company abroad confirming that the foreigner shall be transferred to a branch, subsidiary or an affiliate of that company in the Republic; and |
| (ii) |
the branch, subsidiary or an affiliate in the Republic confirming the transfer of the foreigner and specifying the occupation and capacity in which that foreigner shall be employed. |
| (9) |
In terms of section 19(5) of the Act, the relevant employer shall ensure that— |
| (a) |
a foreigner is only employed in the specific position for which the visa has been issued; |
| (b) |
the foreign employee will at all times comply with the provisions of the Act and conditions of his or her visa and undertakes to immediately notify the Director-General if the employee refuses to comply with the provisions of the Act or conditions of the visa; and |
| (c) |
a plan is developed for the transfer of skills to a South African citizen or permanent resident. |
| (10) |
An intra-company transfer work visa shall be issued for a period not exceeding four years and is not renewable. |
| (11) |
The company referred to in subregulation (8)(b)(ii) shall undertake to reimburse the Department any costs incurred in relation to the deportation of the holder of an intra-company transfer work visa and any of his or her dependent family members. |
| (12) |
An application for a work visa, contemplated in section 19 of the Act, must be adjudicated in accordance with the points-based system determined by Minister, from time to time, by notice in the gazette. |
[Regulation 12 inserted by section 5(b) of the Second Amendment of the Immigration Regulations, 2014, Notice No. R. 4847, GG50675, dated 20 May 2024]
| (13) |
The Minister may, in determining the points-based system referred to in subregulation (12), consider, but not limited to, the following— |
| (e) |
offer of employment; and |
| (f) |
the ability to adapt within the Republic. |
[Regulation 13 inserted by section 5(b) of the Second Amendment of the Immigration Regulations, 2014, Notice No. R. 4847, GG50675, dated 20 May 2024]
Statistics Act, 1999
