Most South African visas only involve one major party – the applicant. The South African intra-company transfer work visa, however, involves a total of three:
- The international employer.
- The South African employer.
- The applicant.
All three role players are equally important too. If one does not do their part during the application process for the visa, there is a good chance the visa will not be granted.
This makes it very important for everyone involved to understand what is expected of them. To help give a clearer idea, we’re sharing the responsibilities of each role player today.
The international employer
The international employer will be sending their employee to South Africa. As such, they will be responsible for:
- Confirming that the foreign employee will be transferred to a branch, subsidiary or an affiliate in South Africa. The employee cannot be sent to a company not associated with the international employer.
- Proving that the foreign employee has worked for them for at least 6 months. This is as per the requirements of the South African intra-company transfer work visa. This proof will be in the form of the employment contract.
- Undertaking that the employee will not be staying in South Africa for longer than 4 years. The intra-company transfer work visa is only valid for a maximum of 4 years.
The South African employer
The South African employer takes responsibility for the foreign employee for the duration of the employment period. This leaves the South African employer with a number of duties:
- Confirming that they accept the transfer of the foreign employee to them.
- Undertaking to only employ the foreigner in the specific occupation and capacity for which the intra-company transfer work visa was granted.
- Demonstrating that they have an appropriate plan in place for the transfer of skills from the foreign employee to South African colleagues.
- Ensuring that the foreign employee comply with the provisions of the Act and the conditions of their South African intra-company transfer work visa at all times.
- Undertaking to immediately notify the Director-General if the foreign employee does not comply with the provisions of the Act or the conditions attached to their visa.
- Undertaking to take responsibility for any deportation costs that may be associated with the employee and their dependent family members, should it become necessary.
- Ensuring that the employee will have a valid passport for the duration of their employment.
The most important responsibility of the applicant is to prove that they have the necessary skills and experience to perform their role at the South African employer. The proof for this will come from the applicant’s CV which must be submitted as part of the application.
Other important documents the applicant must submit or produce are:
- A completed application form for a South African intra-company transfer work visa.
- A valid passport with an expiry date no sooner than 30 days after the expiry of the intended stay.
- Proof of financial means to cover living expenses until a salary is received. This can be in the form of bank statements, cash or travellers’ cheques.
Do not hesitate to contact us for clarification
Should any part of a role player’s responsibilities be unclear, please contact us so that we can explain. We consider it our duty to make immigration to South Africa, for whatever reason, a more pleasant experience.