Important Updates
Important Updates
November 7, 2025 | Mexico, PeruMexico/Peru: Suspension of Diplomatic Ties May Affect Immigration Processing
November 10, 2025 | New ZealandNew Zealand: Transition to National Occupation List for Work Visa Applications
November 7, 2025 | Canada Canada: New Measures Prioritize Graduate and Doctoral Student Recruitment
November 7, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
November 7, 2025 | CanadaCanada: Quebec’s 2026–2029 Immigration Plan Announced, with Key Program Measures and Updates
November 7, 2025 | Mexico, PeruMexico/Peru: Suspension of Diplomatic Ties May Affect Immigration Processing
November 10, 2025 | New ZealandNew Zealand: Transition to National Occupation List for Work Visa Applications
November 7, 2025 | Canada Canada: New Measures Prioritize Graduate and Doctoral Student Recruitment
November 7, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
November 7, 2025 | CanadaCanada: Quebec’s 2026–2029 Immigration Plan Announced, with Key Program Measures and Updates
November 7, 2025 | Mexico, PeruMexico/Peru: Suspension of Diplomatic Ties May Affect Immigration Processing
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

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

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.