General Work Visa
A General Work Visa is a visa type that is much more onerous than any other work visa category. In order to qualify for this visa type, a foreign national will need to have an offer of employment from a South African employer, and the South African employer must be able to prove that the placement of the foreign national will not displace South African Citizens or Permanent Residents.
The General Work Visa is a two-fold process:
1. Apply for a Department of Labour Certificate or Waiver through the Department of Home Affairs.
2. Apply for the General Work Visa upon receipt / issuance of Department of Labour Certificate or Waiver by the Department of Home Affairs.
Application to the Department of Labour
In order to secure a recommendation certificate from the Department of Labour, the South African employer will need to demonstrate that that there were no available suitable South African candidates for the role, and this is typically done through:
Advertisements of the role in national newspapers or platforms.
CVs and reasons/meeting notes on why South African candidates were not successful.
Interviewing prospective candidates recommended by the Department of Labour from their database, with further notes on why the recommended candidates were not suitable for the role.
Application for Waiver to the Department of Home Affairs
A waiver application is essentially a request made to the Department of Home Affairs for permission to submit the visa application without a labour recommendation due to exceptional circumstances surrounding the applicant or the position. However, recent advisement by Department of Home Affairs indicates that they will no longer consider these requests and that all applicants must go through the Department of Labour. However, in practice this is still being done, but with higher risk of rejection and as such the Department of Labour route is generally preferred.
What are the requirements for a General Work Visa?
The following documents are inter-alia required for the application:
A recommendation certificate by the Department of Labour or Waiver from the Department of Home Affairs
Evaluation of foreign qualifications by the South African Qualifications Authority (SAQA)
Original Police Clearance Certificates from each country the applicant has resided for 12 months or more in the past five (5) years before date of application
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Visa Timelines & Validity
How long would it take to get a General Work Visa?
Due to the various process involved, it can take a few months to receive a General Work Visa. An overview of the timelines on processes are:
The recommendation certificate by the Department of Labour process may take between 3 – 6 months.
The waiver application by the Department of Home Affairs is currently take +12 months.
The evaluation of foreign qualifications can take between 3 – 5 months (however this process can run concurrently with either of the above).
The processing of visa applications by the Department of Home Affairs may take between 8 – 12 weeks.
How long is a General Work Visa issued for?
A General Work Visa may be issued for a period of five (5) years and may be renewed in South Africa. However, a renewal application will again require a recommendation certificate by the Department of Labour or a waiver by the Department of Home Affairs.
Frequently Asked Questions
Can I apply for a Critical Skills Work Visa from my General Work Visa from within South Africa?
Yes, you may apply for a change of status to a variety of visas in South Africa, including the Critical Skills Work Visa, if you comply with the prescribed requirements.
Do I qualify for permanent residency based on my General Work Visa?
If you have held your General Work Visa for five (5) years, you may qualify for permanent residency in terms of Section 26 of the Act. You will however be required to maintain your work visa when applying from within South Africa.
I still have the Waiver from my current General Work Visa, can I use that to renew my visa?
No, you will need to reapply for either a new Department of Labour Certificate or waiver from the Department of Home Affairs to renew your visa.