Corporate Work Visa
A Corporate Work Visa is a layered process that allows a large corporate entity, e.g. mine groups, farmers, large projects of national importance etc., to employ a pre-determined number of skilled/semi-skilled/unskilled workers.
Process Steps and Extras
The process involves three main steps, however, entails additional and subsequent processes:
Step 1: Apply to the Department of Labour for a recommendation to confirm that despite diligent search, the corporate entity was unable to find suitable citizens or permanent residents to occupy the position available in the corporate entity.
Step 2: If the Department of Labour issues a recommendation, the South African entity/company may apply for the Corporate Work Visa at the Visa Facilitation Centre (VFS) in South Africa with the prescribed requirements.
Step 3: Once the Corporate Work Visa has been issued to the South African entity, the foreign nationals may apply for their individual visas from the South African Consulate/Embassy/High Commission.
Key Requirements
What are the requirements for a Corporate Work Visa?
The requirements for a Corporate Work Visa, inter-alia with the prescribed requirements, are:
Letter of recommendation from the Department of Labour
Proof of registration of the corporation with:
SARS
UIF
COID
CIPC
Proof that at least 60% of the total staff complement are South African Citizens or Permanent Residents employed permanently in various positions
Prescribed undertakings and financial assurances
There are additional requirements to be considered for the individual visa applications for each foreign employee, which include:
Having their individual foreign qualifications evaluated by the South African Qualifications Authority (SAQA).
Registering them with a SAQA recognised professional body to confirm their skills and experience.
Obtaining Original Police Clearance Certificates from each country they have resided for 12 months or more in the past 5 years before date of application, and which needs to be valid by time of submission (expires within 6 months from date of issuance).
The requirements and process may differ depending on the nature of the work and entity, e.g. comparing the skills of farmers to engineers on large projects.
Processing Timeframes
How long does it take to obtain a Corporate Work Visa?
The process for a Corporate Work Visa is lengthy due to the various steps involved, but the average timeframes are:
Application to Department of Labour can take 6 – 8 months.
Application to the Department of Home Affairs can take between 8 – 12 weeks.
Individual applications for South African Consulate/Embassy/High Commission, can take on average 4 – 8 weeks (dependent on deciding authority office).
How long is a Corporate Work Visa valid for?
A Corporate Work Visa is issued for a period of three (3) years and may be renewed in South Africa, subject to compliance with the Department of Labour and relevant undertakings.
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Frequently Asked Questions
How many foreign employees does a South African entity need to have before being able to qualify for a Corporate Work Visa?
While there is no prescribed number of employees, it is unlikely that a Corporate Work Visa will be issued for a quantity lower than twenty (20), as the applicants may be able to apply for work visas in their own right. However, this is to the discretion of the Department of Labour and Department of Home Affairs if the entity in South Africa can prove the need for the foreign employees, the economic contribution and that the foreign employees will not replace the work of South Africans or Permanent Residents.
Can a foreign employee change employers while on a Corporate Work Visa?
Yes, this is possible. However, the Corporate Work Visa will be tied to the entity in South Africa and the foreign national would need to apply for a new visa to be able to take up employment with new employer.
Can foreign employees bring their family on Corporate Work Visas?
Yes, dependent family members may apply to accompany the main visa holder, should the Corporate Work Visa and subsequent individual visa be approved.