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Requirements for Corporate Visas


A corporate visa allows a corporate entity (e.g. a mine group, farmer, etc) to employ a pre-determined number of skilled/semi-skilled/ unskilled workers.

A corporate visa is issued for a period not exceeding three years.

To apply for a corporate work Visa the corporate entity will have to:

P        Submit duly completed application forms signed by the applicants

P        Provide a corroborated statement demonstrating the need to employ foreign workers and the number of foreigners to be employed

P        Proof of the need to employ the requested number of foreigners

P        A letter issued to the corporate applicant by the Department of Labour to the effect that a certificate has been issued to the Department confirming:

    • Despite a diligent search, the corporate applicant was unable to find a suitable citizen or permanent resident to occupy the position available in the corporate entity;
    • The job description and proposed remuneration in respect of each foreigner;
    • The salary and benefits of any foreigner employed by the corporate applicant shall not be  inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the South Africa;

P        Proof of registration of the corporation with the:

o   The South African Revenue Service 

o   Unemployment Insurance Fund 

o   Compensation Fund for Occupational Injuries 

o   Companies and Intellectual Properties Commission, where legally required 

P        An undertaking by the employer to inform the Director-General should any foreign employee not comply with the provisions of the Actor visa conditions or no longer be  in the employ of such employer or be in a different capacity or role

P        A written undertaking by the corporate applicant to pay the deportation cost of any foreign employee accepting responsibility for the return cost related to the deportation of the foreign employee.

P        The applicant for a corporate visa must provide proof that at least 60% of the total staff complement that are employed are citizens and permanent residents employed permanently in various positions.

Please note:

Upon receipt of the approved number of workers, the DHA will issue the corporate visa and authorization certificates for each worker in terms of regulation 18(2)(b), then the corporate entity can start recruiting workers. Once a corporate visa has been issued to the applicant (entity), the applicant may then proceed to recruit workers, the workers will then apply for Corporate worker certificates and these certificates are issued in line with the Corporate visa for 3 years, but may not exceed the validity period of the corporate visa.

 

 

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