Immigration Law

Our Immigration Law team is made up of experienced lawyers at all levels from across our various practice areas that have specialist knowledge of the immigration laws of South Africa, Kenya, and Namibia.

Immigration Law Services

Our Immigration Law team assists international and South African companies with immigration requirements normally associated with the import of foreign skills.

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.

All of our immigration lawyers are trained and qualified in all aspects of employment law, which gives them the ability to offer a full corporate employee migration service involving all legal aspects in relation to recruitment, obtaining work authorisation, appointment, contracts, statutory compliance with local labour laws and dispute resolution.

Whether you wish to second an employee to a foreign entity, subsidiary or parent company or you need to import talent for a local business, our Corporate Immigration team offers tailor-made advice and assistance, at a fee appropriate to the complexity and scope of the instruction.

Our services include:

  • Providing advice on a wide range of immigration related matters.
  • Internal audits to ensure compliance with applicable South African immigration laws.
  • Advising corporates on the South African immigration laws and the recruitment of highly skilled foreign nationals.  
  • Identifying appropriate work visas and assisting with visa and waiver applications for individual and corporate applicants.  
  • The provision of training on various aspects of immigration law and its impact in the workplace.
  • Representation in court proceedings adverse to the Department of Home Affairs.  
  • Verifying the validity of work visas and permits.
  • Appeal processes through the Department of Home Affairs.
  • Dealing with undesirable and prohibited status determinations.
  • Rejection of visa applications.
  • Misconduct and incapacity processes arising from fraudulent or expired work visas.
  • Advising on own business visas, issued to foreigners who intend to establish or invest in their own business in South Africa.
  • Identifying tax exposures and advice on tax planning strategies in the employment of foreign nationals.
  • Advising corporate applicants on the South African income tax and exchange control laws that are likely to affect them in relation to the employment of foreign employees.

Immigration Law Brochures

Services

Immigration Law Services

Our Immigration Law team assists international and South African companies with immigration requirements normally associated with the import of foreign skills.

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.

All of our immigration lawyers are trained and qualified in all aspects of employment law, which gives them the ability to offer a full corporate employee migration service involving all legal aspects in relation to recruitment, obtaining work authorisation, appointment, contracts, statutory compliance with local labour laws and dispute resolution.

Whether you wish to second an employee to a foreign entity, subsidiary or parent company or you need to import talent for a local business, our Corporate Immigration team offers tailor-made advice and assistance, at a fee appropriate to the complexity and scope of the instruction.

Our services include:

  • Providing advice on a wide range of immigration related matters.
  • Internal audits to ensure compliance with applicable South African immigration laws.
  • Advising corporates on the South African immigration laws and the recruitment of highly skilled foreign nationals.  
  • Identifying appropriate work visas and assisting with visa and waiver applications for individual and corporate applicants.  
  • The provision of training on various aspects of immigration law and its impact in the workplace.
  • Representation in court proceedings adverse to the Department of Home Affairs.  
  • Verifying the validity of work visas and permits.
  • Appeal processes through the Department of Home Affairs.
  • Dealing with undesirable and prohibited status determinations.
  • Rejection of visa applications.
  • Misconduct and incapacity processes arising from fraudulent or expired work visas.
  • Advising on own business visas, issued to foreigners who intend to establish or invest in their own business in South Africa.
  • Identifying tax exposures and advice on tax planning strategies in the employment of foreign nationals.
  • Advising corporate applicants on the South African income tax and exchange control laws that are likely to affect them in relation to the employment of foreign employees.

Brochures

Immigration Law Brochures

Immigration Lawyers

Our Immigration Law team provides specialist legal advice and services around immigration in South Africa and Kenya.  

Our Immigration Lawyers

Frequently asked questions

What are the visa categories that foreign nationals may apply for in order to work in South Africa?

  • Foreign nationals may apply for a range of visas but only certain visas allow one to work in South Africa.
  • Visas that allow a foreign national to work in South Africa may be issued for either a short-term or long-term period, ranging from between 90 days to 5 years.
  • The visas that allow foreign nationals to work in South Africa include: (i) a section 11(2) short-term visitor's visa (with authorisation to work); (ii) a spousal visa (with authorisation to work); (iii) a remote working visa; (iv) an intra-company transfer visa; (v) a general work visa; and (vi) a critical skills visa.

What are the requirements for a foreign professional to obtain a work visa in South Africa?

  • The general requirements for work visa applications include submitting: (i) a valid passport; (ii) a medical report; (iii) a police clearance certificate from all countries where the foreign national has resided for a minimum of 12 months in the 5 year period preceding their application; and (iv) proof of financial means.
  • There are also specific requirements that need to be complied with depending on the category of visa being applied for.

How long do work visas last, and what is the process to renew them?

  • The duration of work visas differ per category and are as follows: (i) a section 11(2) short-term visitor's visa (with authorisation to work) – 90 days, renewable once for an additional 90 days; (ii) a spousal visa (with authorisation to work) – up to 3 years; (iii) a remote working visa – up to 3 years; (iv) an intra-company transfer visa – up to 4 years (which is generally non‑renewable); (v) a general work visa – up to 5 years; and (vi) a critical skills visa – up to 5 years.
  • Visa renewal applications must be submitted at the Visa Facilitation Services (VFS) at least 60 days before the foreign national's current visa expires.
  • Renewal applications generally require submitting updated supporting documents, which may include employers' letters of support and confirmation of the foreign national's continued compliance with their current visa conditions.

Can a work visa lead to permanent residence?

  • Various work visas can be used as a gateway to permanent residence in South Africa, these include a spousal visa (with authorisation to work), a general work visa, a critical skills visa and a business visa.
  • The specific requirements for permanent residence based on a work visa varies per category. However, each category has a minimum time period that a foreign national is required to have spent working in South Africa before they apply for permanent residence.

What should an employer do if a foreign national employee’s visa is about to expire or their renewal application has been rejected?

  • If a foreign national's visa is nearing expiry, they must act well in advance to ensure renewal of their visa in compliance with the 60‑day rule. An employer ought to also monitor the expiry of a foreign national employee's visa in order to consider whether their continued employment needs to be addressed.
  • If a visa has expired or the renewal application been rejected, the foreign national employee may not lawfully work in South Africa. Their continued employment may expose an employer to criminal sanctions under the Immigration Act 13 of 2002.
  • It is also important to note that employers must still comply with South Africa's labour laws when terminating a foreign national employee's employment.