South Africa
Corporate Guide

What are the requirements for obtaining a work permit in South Africa?

The different classes of work permit visas have varying requirements, as set out below. The checklists of the most frequently applied for work visas are set out below. The remaining checklists can be accessed via the portal: www.dha.gov.za

Foreigners who are contemplating investing in the South African economy by establishing a business or by investing in an existing business in the country must apply for a business visa. An applicant will be required to invest a prescribed financial capital contribution.

• To invest in or open a business in South Africa, an applicant will need to, along with Form BI-1738, submit a certificate issued by a chartered accountant registered with the South African Institute of Chartered Accountants to the effect that the applicant has: 
  • at least an amount in cash to be invested in the Republic as determined from time to time by the Minister of Trade and Industry (Minister), after consultation with the Minister;
  • at least an amount in cash and a capital contribution as determined from time to time by the Minister, is available. 
• An undertaking by the applicant that at least 60% of the total staff complement to be employed in the operations will be South African citizens or permanent residents, permanently employed in various positions. 
• An undertaking to register with:
  • SARS
  • Unemployment Insurance Fund 
  • Compensation Fund for Occupational Injuries 
  • CIPC, where legally required 
  • Relevant professional body, board or council recognised by the South African Qualifications Authority (SAQA), where applicable
• A police clearance certificate from each country in which the applicant resided for 12 months or longer since the age of 18 years during the five-year period preceding the date of application.
• A letter of recommendation from the Department of Trade and Industry regarding: 
  • the feasibility of the business; and 
  • the contribution to the national interest of the Republic. 
• A yellow fever vaccination certificate if they have travelled or intend travelling through a yellow fever endemic area. 
• Medical report. 

The capital requirements above may be reduced or waived in respect of the following types of industries / businesses: 

• Information and communications technology
• Clothing and textile manufacturing
• Chemicals and biotechnology 
• Agro-processing and metals and minerals refinement
• Automotive manufacturing
• Tourism crafts 

Business visa applications made for existing businesses require the following documents (in addition to all those listed above) to be submitted with the temporary residence application form: 

• Financial statements for the preceding financial year; and
• The contribution to the national interest of the Republic

A corporate visa allows a corporate entity (e.g. a mine group, farmer, etc.) to employ a pre-determined number of skilled / semi-skilled / unskilled workers. A corporate visa is issued for a period not exceeding three years. Applications must be made at any VFS centre or the nearest South African embassy, mission or consulate abroad. 

To apply for a corporate work visa, the corporate entity will need: 

• To submit duly completed application forms signed by the applicants.
• To provide a corroborated statement demonstrating the need to employ foreign workers and the number of foreigners to be employed.
• A certificate by the Department of Labour.
• Proof of registration of the corporation with:
  • SARS
  • Unemployment Insurance Fund
  • Compensation Fund for Occupational Injuries
  • CIPC, where legally required 
• The applicant for a corporate visa must provide proof that at least 60% of the total staff complement that are employed are citizens and permanent residents employed permanently in various positions. 
• Provide a job description and remuneration for each foreign worker.
• An undertaking to ensure that:
  • the foreigner workers have valid passports; 
  • the foreign workers will be employed only in the specific positions for which the visa is issued; 
  • the foreign workers will leave South Africa on completion of their duties; and
  • a cash deposit or guarantee for the foreign workers may be payable by the corporate entity or by the workers in the case of skilled workers. 

Upon receipt of the approved number of workers, the Department of Home Affairs will issue the corporate visa and authorisation certificates for each worker in terms of Regulation 18(2)(b), then the corporate entity can start recruiting workers. Once a corporate visa has been issued to the applicant (entity), the applicant may then proceed to recruit workers, the workers will then apply for corporate worker certificates and these certificates are issued in line with the corporate visa for three years but may not exceed the validity period of the corporate visa.

General work visas are valid for the duration of the contract of employment or a period not exceeding five years.

To apply, the applicant must submit the following documentation:

• A duly completed application form signed by the applicant.
• A passport valid for no less than 30 days after the expiry of their intended visit. 
• Payment of the prescribed fee.
• A vaccination certificate, if required by the Act. 
• Proof of financial means to cover envisaged living expenses in the Republic until the applicant receives a salary. This should be in the form of:
  • bank statements 
  • cash available or
  • travellers’ cheques
• Medical report. 
• A police clearance certificate from each country in which the applicant resided for 12 months or longer since the age of 18 years during the five-year period preceding the date of application.
• A written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and their dependent family members, should it become necessary. 
• An application for a general work visa shall be accompanied by:
  • A certificate from the Department of Labour. 
  • Proof of qualifications evaluated by SAQA and translated by a sworn translator into one of the official languages of the Republic.
  • A contract of employment signed by both the employee and the employer.
  • Full particulars of the employer including proof of registration with the Registrar of Companies.
  • An undertaking by the employer to inform the Director-General upon the employee no longer being in the employ of such employer or when employed in a different capacity or role.
  • All required documentation for a spouse and/or children if they intend to accompany the employee.

Critical skills work visas are issued for a period not exceeding five years and to apply for one the applicant must submit the following:

• A duly completed application form signed by the applicant.
• A passport valid for no less than 30 days after the expiry of payment of the prescribed fee. 
• A vaccination certificate, if required by the Act. 
• Proof of financial means to cover envisaged living expenses in the Republic until the applicant receives a salary. This should be in the form of bank statements 
• Medical certificate.
• A police clearance from every country where an applicant has resided for 12 months or more after attaining 18 years during the five-year period preceding the date of application. 
• Proof of application for a certificate of registration with the accredited professional body, council or board recognised by SAQA. 
• Proof of evaluation of the foreign qualification/s by SAQA translated by a sworn translator into one of the official languages of the Republic. 
• Contract of employment specifying the occupation and capacity in which the foreigner shall be employed. 

Occasionally, multi-national companies may decide to transfer an existing employee from a foreign branch to a branch in South Africa. These employees must apply for an intra-company transfer work visa. In such cases, no proof of steps taken to obtain the services of a South African citizen / permanent residence will be required.

Intra-company transfer work visas are issued for a period not exceeding four years and cannot be renewed or extended.

To apply for one the applicant must submit: 

• A duly completed application form signed by the applicant.
• A passport valid for no less than 30 days after the expiry of intended visit. 
• Payment of the prescribed fee. 
• A vaccination certificate, if required by the Act.
• Proof of financial means to cover envisaged living expenses in the Republic until they receive a salary. This should be in the form of bank statements.
• An employment contract with the company abroad. 
• A letter from the employer / company abroad confirming that the applicant will be transferred to a branch / affiliate company in South Africa. 
• A letter from the South African company where the applicant will work, confirming the transfer from the parent / affiliated company abroad. This letter should specify the occupation and capacity in which the applicant will be employed and should also confirm that the maximum duration of employment will not exceed four years. 
• An undertaking by the employer: 
  • that the applicant will leave South Africa once the four-year period comes to an end; 
  • confirming that the applicant's passport is valid; and
  • that the applicant will be employed in the position for which the permit is issued. 
• Medical certificate.
• A police clearance from every country where an applicant has resided for 12 months or more after attaining 18 years during the five-year period preceding the date of application. 
• All required documentation for a spouse and/or children if they intend to accompany the applicant.