A Corporate Visa is utilised for companies, or branch’s of companies, based in South Africa with a need to recruit a large number of staff from abroad.
The requirements for a corporate visa are complex, as if granted this visa gives the company (applicant) the permission to recruit many foreigners all under the umbrella of this one visa.
Below we take you through the requirements for a corporate visa application, but please note we recommend that you seek professional advice before committing to an application.
What are the requirements for a corporate visa application?
1. Proof that the company needs to employ the requested number of foreign employees.
2. A Department of Labour certificate must be obtained that confirms:
- That every effort was made, with a diligent search, to find suitable employees that were either South African citizens or permanent residency holders (to fill the positions that are now being requested to be filled with foreign employees).
- The remuneration and job description of each requested foreign employee.
- That the foreign employee will not be paid an inferior amount to that which would be paid to a citizen or permanent resident who occupy similar positions in South Africa.
- Proof that the company has registered with:
- SARS (South African Revenue Service);
- UIF – Unemployment Insurance Fund;
- The Compensation Fund for Occupational Injuries and Diseases;
- CIPC (Companies and Intellectual Properties Commission).
- The company must provide an undertaking that they will inform the Director General should any foreign employee not comply with the provisions of the Act or visa conditions.
- The company must sign an undertaking to inform the Director General when the employee is no longer in the employ of the company or is employed in a different capacity or role.
- There must be a written undertaking by the company that they will pay any deportation costs associated with the foreign employee and their family in the event this should prove necessary.
- Applications must demonstrate that at least 60% of the companies total staff complement that are employed in the business are South African citizens or permanent residents.
- This 60% requirement, pertaining to the local staff compliment, must be maintained. At any stage throughout the duration of the corporate visa the company may be required to show proof of such to the Department.
In addition to the requirements for corporate visa on application there are a number of ongoing requirements that need to be managed:
What are the ongoing requirements?
- The company is required to ensure that any foreigner working for them has a valid passport at all times.
- The foreign employee is restricted to only conducting work for the specific position as per the corporate visa.
- The company needs to ensure the foreigner exits South Africa when their contract / work visa comes to an end.
- The Director General must be notified by the company, immediately in the event that the foreign employee:
- does not comply with the Immigration Act; and / or
- does not comply with the terms and conditions of the corporate visa and / or the corporate work certificate (corporate workers visa).
- Where a foreign workers employment is terminated the company must within 30 days return the individuals completed certificate to the Department.
As said, the corporate visa application is complex, but it will suit certain companies with a need to recruit a number of foreign workers.
The corporate work visa is not an immigration route that should be selected without professional consultation. There are a number of options that companies may consider, each with their merits and drawbacks.
Intergate Immigration, South Africa’ largest independent immigration company, has a team of experienced corporate advisor’s. Simply call us on any of the above numbers, or use the links below to book an appointment or find out more.
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.
Alternatively you can fill out the below online enquiry form to contact us.