Application and Travel Restrictions Implemented; Corporate Work Visa Requirements Eased

South Africa

In line with last May’s amendments, the Department of Home Affairs (DHA) has recently provided additional clarifications relating to foreign nationals visiting, residing and working in South Africa. Several restrictions have been added to protect against child endangerment and rules affecting Corporate Work Visa holders have been eased. Additional application centers are expected to be opened in the near future, and there are plans to implement biometrics capture services at ports of entry in South Africa.

Restrictions

Starting June 1, 2015, foreign nationals and South African nationals traveling with a child must carry the child’s unabridged birth certificate. If the child is travelling with someone other than a parent or with only one parent, written consent from the absent parent authorizing such travel must be provided. Those registered in South Africa’s National Population Register as a single parent will not be required to provide consent from an absent parent.

Additionally, foreign nationals from Botswana, Lesotho, Mozambique, Namibia, Swaziland and Zimbabwe (shared-border countries) arriving in South Africa by air must obtain a Transit Visa which allows stays up to 24 hours. Transit Visas for those arriving by land will allow stays up to 48 hours. Foreign nationals with long term or permanent residence permits, including those from shared-border countries, are exempt from the Transit Visa requirement.

Corporate Work Visa Change of Status Eligibility

Foreign nationals employed under a Corporate Work Visa can now apply for a Critical Skills Work Visa in South Africa as long as the foreign national remains employed by the Corporate Work Visa holder and meets the requirements of a Critical Skills Visa. This change will not apply to Corporate Work Visa holders not classified as critically skilled workers, except in cases where a waiver has been granted.

Previously, Corporate Work Visa holders had to exit the country to change status, often creating the loss of a skilled workforce.

Increased Business Visa Investment Amount

Foreign nationals seeking a Business Visa to establish a business or invest in an existing business who must apply for a business permit will now see an increased investment amount of R 5 million, up from R 2.5 million.

What This Means for Employers Foreign Nationals

Foreign nationals will face administrative hurdles due to the increased security-related measures implemented as part of the immigration reforms in South Africa.

However, the Corporate Work Visa category will see relaxed measures as the DHA strives to maintain a skilled workforce in the country.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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