At Cliffe Dekker Hofmeyr, our Corporate Immigration team assists
international and South African companies with immigration requirements
normally associated with the import of foreign skills or relocations of
ex-patriates and their families.
Our Corporate Immigration team offers best practice immigration
solutions to corporate clients.
The team consists of experienced lawyers at all levels from
across our various practice areas that have specialist knowledge of the
immigration laws of South Africa.
Whether you wish to second an employee to a foreign entity,
subsidiary or parent company or you need to import talent to provide service to
a local business,our Corporate Immigration team provides tailor-made advice and
assistance.
We are able to assist with all immigration related legal issues;
in particular, the current requirements of the Department of Home Affairs.
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The Section 21 Corporate
Permit |
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The Section 21 Corporate Permit
is the most effective way of recruiting a large number of foreign employees
with skills that are in short supply in South Africa. |
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A company may apply to the
Department of Home Affairs for a Corporate Permit, which entitles the company
to set out the required number of foreign citizens it wishes to employ in
specific categories within its business. The Director General of Home Affairs
may approve a set number of employees for the various categories a company
requires. |
|
On receipt of the corporate
permit certificates, the company may head hunt skilled foreign workers who have
the specific skills set out in the corporate permit application. |
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We are also able to advise
corporate immigrants on the South African income tax and exchange control laws
that are likely to affect them. |
| • |
We can identify tax exposures and
advise on tax planning strategies |
| • |
We can advise on exchange control
issues and the remittance of funds |
| • |
We can assist in drafting
business plans into registration of the business in terms of the Companies Act
and registering the business with South African Revenue Services. In the event
that the investment of less than R2.5 million is made, we assist in obtaining a
waiver from the Director General of the Department of Home Affairs reducing the
R2.5 million capital requirement. |
| • |
" Acquisition of all
categories of permits such as study permits, medical permits, work permits and
intercompany transfers |
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The categories of
work permit include: |
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o |
General work permit |
|
o |
Intra Company Transfer |
|
o |
Quota work permit |
|
o |
Exchange permits to conduct
work. |
|
o |
Exceptional Skills work permit
|
|
o |
Corporate work permit |
| • |
Application for and
obtaining of all categories of visas |
| • |
Acquisition of
temporary residence permits |
| • |
Acquisition of
permanent residence and immigration permits |
| • |
Processes to
determine status or citizenship |
| • |
Resumption of
citizenship |
| • |
Acquisition of
business permits to establish a new business and business permits to invest in
an existing business venture |
| • |
Obtaining of
immigration permits based on job offer, spousal category, self employment or
own business category, categories of financially independent persons, retired
persons or relatives' permits |
| • |
Assistance with: |
|
o |
passport issues |
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o |
restoration of permanent
residence rights |
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o |
obtaining abridged birth
certificates and full birth certificates |
|
o |
procuring copies of marriage
certificates |
|
o |
Immigration Law related
applications to the High Courts and Constitutional Court |
|
o |
reconsideration applications and
appeals |
|
o |
petitions and exemption
applications to the Minister of Home Affairs |
|
o |
Chartered Accountant
certifications through an associate accountant. |
| • |
Preparing notarial
contracts of cohabitation |
| • |
Estate planning for
those who emigrate |
| • |
Assistance with the
structuring of employment and tax benefits when foreign employees are employed
in South Africa. |
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