Changes to business visas: what TMCs need to know

BESIDES new
requirements for
families travelling
with children into and out
of South Africa, which
has dominated the news
recently, the Department
of Home Affairs has also
implemented a few changes
to existing work permits
and business visas through
its new Immigration Act,
which have implications for
business travellers working
for large multinationals in
South Africa.
Kananelo Makhetha,
md of BCD Travel, says:
“We do have clients who
are multinationals and
have staff who will be
impacted. We take it as
our responsibility to assist
them to be informed about
the changes.” He adds that
all foreign non-South African
citizen staff should ensure
that they are fully aware of
the new regulations.
What are the main
changes?
Visitors’ visa with
authorisation to work
This visa applies to those
who are employed by a
company abroad and have
a need to work in SA for
a maximum period of 90
days. No extensions will be
permitted on this visa.
Visa-exempt foreign
nationals must now obtain
a pre-approval letter for
their Section 11(2) work
authorisation from the
appropriate South African
mission overseas, rather
than applying electronically
with the Department of
Home Affairs (DHA). For
these nationals, there are
likely to be lengthy delays
as the overseas missions
implement this new
procedure.
Visa-required foreign
nationals must apply for a
Section 11(2) at a South
African mission (rather than
DHA) at the same time
that they apply for a visa.
These applicants may see
improved processing times
because they will now apply
for their visas and Section
11(2) work authorisation
in tandem rather than wait
for pre-approval from DHA
before applying for a visa.
Spouses and children
According to Intergate
Immigration, one of the
biggest issues, under the
previous Act, was the lack
of an accompanying spouse
option. Under the new
Act, spouses and children
will now be permitted to
immigrate to South Africa
on an accompanying basis.
Critical Skills visa
Under the new Act, work
visas have seen the
removal of two categories,
the ‘quota’ work permit and
the ‘exceptional skills’ work
permit. The two permits
have been amalgamated
and create the addition of
a new work visa category
– the ‘Critical Skills’ work
visa.
‘Quota work’ permit
holders and ‘exceptional
skills’ permit holders will
not be able to renew their
work permits under the
same terms. They will
have to look at other work
visa options as soon as
possible.
The highlights of the new
‘critical skills’ work visa:
No job offer is required to
apply.
It allows the holder to
enter and stay in South
Africa for 12 months to
secure a position.
It is based on a wellresearched
list of
occupations that are badly
needed in South Africa,
helping foreign employees
and employers.
There are no restrictions
in terms of the numbers
in each listed occupation.
No Department of Labour
recommendation is
required, so there is a
quicker turnaround time.
Deals with the
professional bodies
specific to the occupation.
Can be a pathway to
permanent residency
immediately as well as
an immediate five-year
working visa.
Qualification for a critical
skills visa if you qualified
as a Doctoral graduate
(PhD) in South Africa.
Freedom to move between
employers.
Less obligation on
employers.
General Work visa
This visa will be issued for
a maximum of up to five
years.
Applications for general
work visas will now require
a certificate from the
Department of Labour
confirming that, despite
a diligent search, the
prospective employer has
been unable to find a
suitable South African or
permanent residency holder
to fill the position.
Intergate Immigration
anticipates that there will
be a longer processing time
due to the additional step.
Intra Company Transfer
visa
This visa, which is currently
issued for a period of two
years, has been extended
to a maximum of four
years under the new Act.
A person already in SA on
an ICT visa will be allowed
to extend their visa to
maximise the four-year
validity option. No further
applications for extensions
beyond this four-year period
can be made.
Don’t overstay your
visa!
Probably the most
important advice you need
to give your clients is that
they should not overstay
their visa.
 Intergate Immigration says
much harsher treatment
will be handed out to those
who overstay their visa and
can result in them being
declared undesirable for as
many as five years.
All foreigners will need to
have a valid visa in their
passport or face not being
allowed back in to South
Africa for a time period
of between one and five
years. If they travel out of
South Africa without a valid
visa or permit, they will be
declared an undesirable
person.
*Source: Intergate
Immigration (www.intergateimmigration.com)
and
BAL Corporate Immigration
(www.balglobal.com)