Important Updates
Important Updates
January 12, 2026 | ItalyItaly: Changes to EU Blue Card Application Process Create Delays
January 13, 2026 | BangladeshBangladesh: Non-Business or Employment Visa Issuance for Indian Nationals Suspended
January 13, 2026 | IndonesiaIndonesia: Golden Visa Program Introduced
January 13, 2026 | United StatesUnited States: February 2026 Visa Bulletin Update – USCIS to Honor Dates for Filing for Employment-Based Categories
January 12, 2026 | ColombiaColombia: Reminder – Immigration Consequences for Colombian Companies Failing to Annually Renew Commercial Registration
January 12, 2026 | ItalyItaly: Changes to EU Blue Card Application Process Create Delays
January 13, 2026 | BangladeshBangladesh: Non-Business or Employment Visa Issuance for Indian Nationals Suspended
January 13, 2026 | IndonesiaIndonesia: Golden Visa Program Introduced
January 13, 2026 | United StatesUnited States: February 2026 Visa Bulletin Update – USCIS to Honor Dates for Filing for Employment-Based Categories
January 12, 2026 | ColombiaColombia: Reminder – Immigration Consequences for Colombian Companies Failing to Annually Renew Commercial Registration
January 12, 2026 | ItalyItaly: Changes to EU Blue Card Application Process Create Delays
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 AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese 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
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • 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

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

July 11, 2025

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Country / Territory

  • South AfricaSouth Africa

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Johannes Kgotso Tiba

A key concern for expatriates moving abroad is whether their spouses or partners will be allowed to work in the host country. This is important, as most do not want their partners’ careers to be disrupted or for them to remain inactive, especially if they were employed before the move.

The issue becomes especially serious when the spouse’s or partner’s employer does not have a branch or subsidiary in the new location to which they could be transferred. Many of these spouses are highly educated and experienced in their own right, yet they find the work visa process cumbersome, despite efforts by authorities to streamline it.

To date, countries such as Australia, Canada, Denmark, Finland, the Netherlands and the United Kingdom allow spouses and partners of work permit holders to work. In the Sub-Saharan Africa, Mauritius has adopted an innovative approach by introducing the Family Occupation Permit (FOP), which allows only those intending to set up businesses to work. Under this permit, the applicant and family members—including spouse, dependent child, parent or other dependents working exclusively for the family unit—may be granted a permit valid for up to 10 years.

Skills Shortage in South Africa

South Africa is currently experiencing a severe shortage of skills, which must be addressed through a combination of innovative measures. The causes of this shortage include, among others, a mismatch between education and market needs, brain drain and under-investment in vocational education. According to the National List of Occupations in High Demand (NLOHD), skill shortages are most acute in the fields of information technology (IT), engineering, healthcare and education. According to Statistics South Africa, unemployment level in South Africa is current at 32.9% with youth unemployment level standing at 46.1%.

To mitigate this situation, the government has implemented measures ranging from increased funding for education in key areas, to legislative provisions that allow companies employing young people to claim tax rebates. Furthermore, visa types such as the Intra-Company Transfer Work Visa (ICTWV) include provisions for skills transfer to local understudies.

Additionally, the authorities have streamlined the work visa process through the Trusted Employer Scheme (TES). According to this scheme, eligible high impact employers are permitted to bring talent they need at very reduced requirements and within a short space of time.

Issuance of Work Permits to Accompanying Spouses and Partners in South Africa

Under South African immigration law, foreign spouses of work permit holders are permitted to work in South Africa. However, they must apply for a relevant work visa, which is granted based on their skills and the salary they will earn. Such a work visa can be issued for up to five years and may eventually lead to permanent residence.

Importantly, as these spouses or partners typically hold long-term accompanying spouse visas, they are allowed to apply for a work visa within South Africa, avoiding the cost and inconvenience of returning to their home country to lodge an application.

How to Provide Automatic Right to Work for Work Visa Holders in South Africa

From a public policy perspective, attracting and retaining talent in South Africa requires innovative measures that balance national and local interests with those of the spouses of work visa holders. This need is particularly pressing in a country with high levels of unemployment and inequality. South Africa could consider three approaches to make this policy a reality:

Targeted Approach for Spouses and Partners of Holders of Critical Skills Work Visa (CSWV)

This approach would grant automatic work rights to spouses or partners of CSWV holders. By targeting only this category, it would avoid perceived disenfranchisement of local workers, as the benefit would be restricted to the spouses of those bringing critical skills into the country.

Point-Based System (PBS) Waiver

South Africa could grant a PBS waiver for spouses and partners of valid work visa holders. This model of waiving PBS has been used effectively for holders of Lesotho Exemption Permits (LEPs) and Zimbabwe Exemption Permits (ZEPs). For ease of enforcement, passports could carry a clearly endorsed authorization, and the spouse’s or partner’s visa could remain linked to the principal visa holder’s status.

Development of a New Visa Option Similar to Section 11(6)

A new visa category could be created, similar to Section 11(6), specifically designed for spouses and partners of work visa holders. In terms of Section 7(1) of the South African Immigration Act (Act No. 13 of 2002), the Minister is empowered to establish such a visa after consultation with the Immigration Advisory Board (IAB). This type of visa would serve as a powerful tool to attract and retain talent by making South Africa a more family-friendly destination for expatriates.

Need to Know More?

The success of any public policy initiative depends on many factors, including clear communication of its objectives to both beneficiaries and the public. Transparency would facilitate public buy-in and ensure that the policy is well-received and utilized by its intended audience.

Moreover, introducing an automatic right to work for spouses and partners of work visa holders would enhance South Africa’s global competitiveness by helping to attract and retain the talent needed for its economy.

For questions related to South Africa’s immigration requirements, please contact Director Johannes Tiba at [email protected].

This blog was published on 11 July 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.

Country / Territory

  • South AfricaSouth Africa

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Blog post

Ireland Employment Permits Update: 2026 Salary Threshold Changes for Graduate Hiring

Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.

Learn more

Fragomen news

Fragomen Announces 2026 Partner Class and Counsel ElevationsLearn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Blog post

Ireland Employment Permits Update: 2026 Salary Threshold Changes for Graduate Hiring

Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.

Learn more

Fragomen news

Fragomen Announces 2026 Partner Class and Counsel ElevationsLearn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

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

© 2026 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.