Important Updates
Important Updates
September 11, 2025 | United KingdomUnited Kingdom: Significant Increase in Employer Sponsor License Revocations
September 12, 2025 | IndiaIndia: “Fast Track” Trusted Traveler Program Implemented
September 12, 2025 | Netherlands, Germany, United StatesLabor Law Magazine: Travel Under Trump
September 12, 2025 | MauritiusMauritius: New Conditions for Occupation Permit, Young Professional Permit and Permanent Residency Applications
September 12, 2025 | United KingdomThe Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown
September 11, 2025 | United KingdomUnited Kingdom: Significant Increase in Employer Sponsor License Revocations
September 12, 2025 | IndiaIndia: “Fast Track” Trusted Traveler Program Implemented
September 12, 2025 | Netherlands, Germany, United StatesLabor Law Magazine: Travel Under Trump
September 12, 2025 | MauritiusMauritius: New Conditions for Occupation Permit, Young Professional Permit and Permanent Residency Applications
September 12, 2025 | United KingdomThe Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown
September 11, 2025 | United KingdomUnited Kingdom: Significant Increase in Employer Sponsor License Revocations
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Immigration: Transfer Skills from a Foreign Employee in South Africa

August 4, 2016

Marco Deutsch

Countries / Territories

  • 🌐

Related contacts

Porthole Headshot image of Fragomen [Matawan][Partner][LisaLegrandGregory]

Lisa LeGrand Gregory

Partner

Phoenix, AZ, United States

Email

[email protected]

T:+1 602 266 1825

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot image of Fragomen [Matawan][Partner][LisaLegrandGregory]

Lisa LeGrand Gregory

Partner

Phoenix, AZ, United States

Email

[email protected]

T:+1 602 266 1825

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot image of Fragomen [Matawan][Partner][LisaLegrandGregory]

Lisa LeGrand Gregory

Partner

Phoenix, AZ, United States

Email

[email protected]

T:+1 602 266 1825

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Lisa LeGrand Gregory

Does your company require key foreign national employees in South Africa because they have a special skill set obtained with the company abroad that is not available in the Republic such as a managerial role or proprietary knowledge of company processes and procedures? If yes, then your company may be eligible to temporarily second that employee to South Africa for up to four (4) years under the Intra Company Transfer (ICT) Work Visa immigration category.

Eligibility Criteria for Intra Company Transfer (ICT) Work Visa 

A foreign national employee may apply for a temporary ICT work visa if he or she has been employed by a company overseas for at least six months and is being transferred to work at a subsidiary, branch or affiliate of that company in the Republic. A new key requirement of this secondment is that the foreign employee must have the intention of transferring his or her skills to a South African citizen or permanent resident. While there are other key eligibility requirements that also need to be met by the foreign employee, the upskilling of his or her local colleagues in the Republic will be mandatory.

Based on changes to the Immigration Regulations implemented on 26 May 2014, a critical element of this visa category is the transference of skills from the foreign national to the local labour force.  This knowledge transfer needs to be documented, followed and have specific South African employees identified as recipients of the knowledge and/or skills. Unless the company can prove using a skills transfer plan that the expertise needed for the specific role the foreign employee is intended to fill will be transferred to a South African employee, the visa will not be granted.

At the heart of South African immigration policy

South Africa is not alone in this endeavour. Like other Sub-Saharan African countries such as Gabon, Kenya, Angola, and Nigeria, at the heart of South African immigration policy is the need to protect and upgrade the skills of the local work force. While there is little enforcement now in South Africa, the government has made a conscious decision to attract highly skilled global workers by forcing multinational companies to upskill South African workers. Future enforcement is likely.

With continued high unemployment and the socioeconomic obligation to focus on training, there is no cost to the government or to the country by requiring multinational companies to upskill South African workers. If the plans are followed and documented for the local workers, the benefits to the multinational company and the Republic are higher skilled, better-trained employees that can contribute to the economy and provide greater employment opportunities for others.  

Learn more about our practice in Africa, or reach us at [email protected].

 

Countries / Territories

  • 🌐

Related contacts

Porthole Headshot image of Fragomen [Matawan][Partner][LisaLegrandGregory]

Lisa LeGrand Gregory

Partner

Phoenix, AZ, United States

Email

[email protected]

T:+1 602 266 1825

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot image of Fragomen [Matawan][Partner][LisaLegrandGregory]

Lisa LeGrand Gregory

Partner

Phoenix, AZ, United States

Email

[email protected]

T:+1 602 266 1825

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot image of Fragomen [Matawan][Partner][LisaLegrandGregory]

Lisa LeGrand Gregory

Partner

Phoenix, AZ, United States

Email

[email protected]

T:+1 602 266 1825

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Media mentions

The Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown

Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Learn more

Fragomen news

Fragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics

Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Learn more

Blog post

Costa Rica Investment Residency Explained: Requirements and Options

Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Learn more

Media mentions

Gulf Business: Why Immigration Due Diligence is as Critical as Financial Scrutiny in the GCC

Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Learn more

Fragomen news

Fragomen Welcomes Partner Karolina Schiffter to Poland Practice, Adds to Poland Presence with New Offices in Wrocław and Gdańsk

Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Learn more

Blog post

How to Get Luxembourg Citizenship: Requirements, Benefits & Application Process

This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.

Learn more

Awards

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Learn more

Awards

Partner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards

Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Learn more

Media mentions

Times of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers

Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Media mentions

The Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown

Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Learn more

Fragomen news

Fragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics

Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Learn more

Blog post

Costa Rica Investment Residency Explained: Requirements and Options

Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Learn more

Media mentions

Gulf Business: Why Immigration Due Diligence is as Critical as Financial Scrutiny in the GCC

Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Learn more

Fragomen news

Fragomen Welcomes Partner Karolina Schiffter to Poland Practice, Adds to Poland Presence with New Offices in Wrocław and Gdańsk

Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Learn more

Blog post

How to Get Luxembourg Citizenship: Requirements, Benefits & Application Process

This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.

Learn more

Awards

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Learn more

Awards

Partner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards

Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Learn more

Media mentions

Times of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers

Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.