• Insights

Preparing Your Organisation for an Immigration Compliance Inspection in South Africa

September 23, 2024

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

Like in many countries around the world, immigration management remains at the top of the public debate. At the heart of the debate is the perceived failures of the authorities to manage immigration systems effectively and efficiently.

In South Africa specifically, this is exemplified by the perceived uncontrolled number of migrants entering the country to look for opportunities and the contravention of immigration law by some companies through employment of foreign nationals without work authorisations.

Therefore, a growing and worrying trend seen across the economic spectrum in South Africa is the lack of preparedness of companies for an unannounced immigration compliance audit.

This lack of preparedness is common around the world as the authorities are known to react after a receipt of whistle blow reports or even complaints of disenfranschisement from the communities.

Failure to be compliant with immigration laws generally has financial, operational and reputational risks that may perpetually keep a company under undue scrutiny of authorities.

Immigration Compliance in South Africa

Although South Africa does not have a mandatory reporting system for employers to confirm compliance with aspects of immigration, like skills transfer or workers’ ratio, the law prohibits the employers from, among other things, hiring illegal foreigners or hiring a foreign national whose status does not allow him or her to be employed or to employ a foreigner on terms and conditions different form those stated in the visa.

Additionally, employers have a responsibility to make a sincere effort to ensure that they do not employ individuals without the proper legal status.

In effect, every employer is required to ensure that a document presented to for employment purposes is checked with relevant authorities before beginning employment. Failing which, such an employer is subject to arrest and may on conviction be subject to a fine or imprisonment.

As South Africa is currently under its new administration after the May 2024 election, there is a drive to stabilise the economy. The new administration plans to increase the number of immigration inspections at restaurants, spaza shops, farms and mines by more than 50%, and to act against people illegally employed, including through deportations. The scope of immigration inspections will also likely be broadened to other sectors where non-compliance is detected.

For the last few weeks, the immigration authorities, working together with other law enforcement agencies and the Department of Employment and Labour (DoEL), have been involved in inspections throughout the country. This has resulted in many employers and foreign nationals being arrested in the process and charged in the process.

Becoming Immigration Audit-Ready in South Africa

In many countries around the world, companies generally have statutory obligations with which they must comply with on a regular basis.

In South Africa, that can entail, among other things, remitting taxes, providing monthly or quarterly reports on the composition of the organisation’s staff complement and remitting levies for skills development to the authorities.

Complying with the immigration rules must always be at the forefront of employers’ minds. In South Africa, being ready for an immigration compliant audit entail undertaking the following measures regularly:

  • Keeping certified copies of the passport and visas of foreign national employees and updating them when they expire/ when new ones are issued;
  • Ensuring that the passports of employees are valid at all times;
  • Ensuring that their foreign national employees comply with the conditions stated in the visa;
  • Informing the authorities of any change in their employment status so that a visa can be cancelled if the employment relationship has ended. Although the law does not provide a specific timeframe, informing the authorities within at least 30 working days is reasonable; and
  • Keeping the records of the employment of a foreign national. By law, employers must retain such records for at least two years after the foreign national has left the employment.

Of great importance in being immigration compliant-ready is to always have the support of a trusted immigration advisor. Such an advisor can develop an immigration readiness strategy, can be available during any workplace immigration audit by the authorities and can assist in answering questions posed by the authorities.

It is important to note that leveraging technology can go a long way in making a company’s immigration compliance strategy more robust. Besides making a company compliance-ready, it can assist in identifying issues worth resolving long before the authorities start the immigration audit, such as preventing challenges arising from employees’ expired work visas or passports.  

Above all, empowering an organisation’s leadership and human resources professionals about the company’s immigration compliance strategy is vital.

This can be done through an in-house immigration training on the country’s immigration process done by a trusted immigration advisor annually – with updates on policy developments on a quarterly basis.

Need to know more?

Immigration compliance is important for businesses, providing peace of mind and supporting good corporate citizenship. It can be helpful to have the guidance of a trusted immigration advisor and to utilize technology to make the process smoother and more manageable.

For more information regarding South Africa’s immigration regulations, please contact Director Johannes Tiba at [email protected].

This blog was published on 23 September 2024, 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, X, 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

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Media mentions

Times of India: US Proposes Ending Deference to Past H-1B Approvals; Indians Will Be Disproportionately Impacted

Senior Counsel Mitch Wexler explains how proposed policy changes could increase scrutiny and denial rates for H-1B and other temporary work visa extensions.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Media mentions

Times of India: US Proposes Ending Deference to Past H-1B Approvals; Indians Will Be Disproportionately Impacted

Senior Counsel Mitch Wexler explains how proposed policy changes could increase scrutiny and denial rates for H-1B and other temporary work visa extensions.

Learn more
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • 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
Important Updates
Important Updates
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 23, 2026 | 🌐Minimum Salary Changes Announced
October 22, 2026 | NetherlandsNetherlands: New Measures for Addressing Notification Non-Compliance
October 22, 2026 | United StatesUnited States: November 2026 Visa Bulletin – Employment-Based Final Action Dates Advance and Dates for Filing Hold Steady for Most Countries; USCIS to Honor Dates for Filing for Employment-Based Categories
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 23, 2026 | 🌐Minimum Salary Changes Announced
October 22, 2026 | NetherlandsNetherlands: New Measures for Addressing Notification Non-Compliance
October 22, 2026 | United StatesUnited States: November 2026 Visa Bulletin – Employment-Based Final Action Dates Advance and Dates for Filing Hold Steady for Most Countries; USCIS to Honor Dates for Filing for Employment-Based Categories
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • 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.