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

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.