One of the key criteria for obtaining a business visa for South African immigration is the employment of local South Africans.
It is of course not the only factor an application will be judged on and others include:
- A comprehensive business plan;
- An appropriate company structure;
- Meeting the minimum investment amounts.
Background information
The Department of Home Affairs, Department of Labour and Department of Trade and Industry all have input into the business visa legislation. One of the key aims of the business visa criteria is the creation of jobs for local people. Local people can be defined as being either a South African Citizen or Permanent resident.
What is the criteria for the employment of local South Africans?
The granting of a business visa is conditional on the business visa holder meeting the criteria for the employment of local South Africans. This criteria is currently that at least 60% of the total staff complement employed in the operations of the business are South African citizens or permanent residents employed permanently in various positions.
What you have to be aware of
- Signing an undertaking for the employment requirements of local South Africans and then not fulfilling it is not an option. The Department of Home Affairs (DHA) has every right to check and does so often.
- For holders of temporary residency on a business visa they must submit to the DHA, within 12 months of the issuance of business visa proof of their compliance.
- As an employer you must make sure you comply with the various legislation that protects your workers, such as unemployment fund contributions, correct contracts of employment and tax contributions. You may also have to contribute to the workers compensation scheme.
- Your business plan must clearly show the need for the employment of local South Africa within your human resource plan and your financial projections.
Getting expert help
Setting up a business abroad is complex; it’s not just about having a great idea and the skills and enthusiasm to carry it out. The business visa is only part of the myriad of decisions and processes you must go through.
At Intergate we offer the most comprehensive business visa service within our peer group. Our in-house team of visa experts, lawyers, business plan writers and accountants are there to guide you through every step of the process.
We take the hassle out of the process, handle the formidable mountain of paperwork and red tape and allow you to focus on your business and relocating you and any family.
So whether you have questions regarding the employment of local South Africans or any other aspect of the business visa process give one of our immigration consultants a call on any of the above numbers or contact us with the form below. We promise you a prompt and expert response.
Getting help with your visa or permit application
We welcome the opportunity to consult with you as to your eligibility for a visa /permit and answer any questions you may have with no obligation.
You can take our free one minute assessment here or request a call back for more information. Or simply call us at +27 (0)21 424 2460.
Alternatively you can fill out the below online enquiry form to contact us.
