Work Permits

There are four categories of work permits available to a foreigner each with its own set of specific requirements all assisting in immigration to South Africa or working in South Africa. As leading immigration attorneys in South Africa we can provide assistance in obtaining the following Work Permits:

Quota Permit

In obtaining a quota permit consult Craig Smith & Associates, professional immigration attorneys.

A quota permit is issued to a foreigner who falls within a specific professional category or occupational class determined by the Minister of Home Affairs at least annually by notice in the Government Gazette after consultation with the Ministers of Labour and Trade and Industry in South Africa.

The fundamental basis for this consultation process is to establish special categories of needed skills in specific targeted industries based on a needs assessment on current skills deficiencies via needed foreign labour.

These quotas, which assist the quota permit application, are available on demand and will form the basis of the quota permit application and hence those skilled will be required to be assessed by SAQA and confirmation of employment will be required upon successful procuring work within 90 days of admission.

General Work Permit

A general work permit is available to foreigners not falling within any specific category or class of quota permits.

The basis of a general work permit is that a firm offer of employment has been made by a prospective employer to a foreigner after such employer has unsuccessfully exploited the local labour market in attempting to procure the needed skills, experiences or qualifications equivalent of such foreigner. The process involved in successfully acquiring a general work permit, inter alia, requires a series of necessary interventions with SAQA, proof of advertising for locals benchmarking certificates.

In obtaining a general work permit consult Craig Smith & Associates, professional immigration attorneys.

Exceptional Skills Work Permit

An exceptional skills work permit may be issued to a foreigner who possesses exceptional skills or qualifications and is able to demonstrate with supporting documentation in the form of testimonials, publications, a letter of motivation to substantiate the benefits that those skills will bring to South Africa. This exceptional skills work permit is granted for three years and may be renewed for a further period, if required. Our expertise as professional immigration attorneys can be utilized in acquiring an exceptional skills work permit in the process of immigration to South Africa or working in South Africa.

Intra-Company Transfer Work Permit 

An intra company transfer work permit is issued to a foreigner who is normally deployed or seconded to South African branch, subsidiary or associate office of a corporate entity aboard.
There are strict controls to ensure that the foreigner remains employed in his or her specific position during the tour of duty and the intra company transfer work permit is valid for 2 years only. As expert immigration attorneys we ensure that these strict controls are met in terms of the intra-company transfer work permit and the process of working in South Africa or immigration to South Africa.

A business permit may be issued to a foreigner who intends to establish his or her own business or invest in an existing business in South Africa a minimum of R2.5 million from abroad into such business provided such funds are certified by a registered accountant to remain part of the underlying book value of the business.

The Department of Home Affairs in South Africa must be satisfied that the business is legitimate in terms of business plans, SARS and other registrations, where necessary, and undertakings that a minimum of five citizens or permanent residents will be employed, in the application process of a business permit.

Certain sectors of industry business in South Africa that are considered to be material to local enterprise and development like information technology, tourism industry, clothing and textile and other industries consented to by the Department of Trade and Industry, will allow the Director-General to waive or reduce the above investment amount in terms of the business permit.

As immigration attorneys we handle the matter of your business permit with unsurpassed skill and years of valuable expertise in matters pertaining to working/investing in South Africa or immigration to South Africa.

A corporate permit is issued to a corporate applicant who is operating a business in South Africa and wishes to employ foreigners for such corporate applicant as opposed to an individual person thereby requiring a corporate permit.

A corporate permit is issued by the Director-General of Home Affairs in South Africa. After consultation with the Departments of Labour and Trade and Industry who will determine the maximum number of foreigners to be employed by such corporate applicant.

There are a series of financial and other undertakings required to be fulfilled by a corporate applicant before a corporate permit would be granted in Cape Town or any other part of South Africa.

Each foreigner employed under a corporate permit is regarded as a corporate worker and is required to be in possession of an authorisation certificate as proof of employment by that corporate permit holder.

Of importance is that a corporate permit holder may also employ foreigners under a work permit which prescribe less stringent processing requirements than a conventional general work permit application. This is the know-how we can bring to you as professional immigration attorneys.