# Working on a visitors visa??



## abarso (Jan 11, 2013)

Hi,
My fiancee's (UK) company is sending her to South Africa. They have given her a local contract with the South African company and have committed to getting her a work permit, sometime after she arrives.

They expect her to come into South Africa on a visitors visa and start work, and eventually (hopefully within 3 months) they will get her the work permit. They think this is completely above board and legal (this is a big international company).

I have seen many immigration consultants websites and posts on this forum say that it is not legal to work until the work permit is issued, but does anyone have a link to a government site or legislation that says this so that she can show the company ?

My fianceé has no need or intention to put herself at risk of deportation from South Africa. If anyone has a government or official link to show that what they propose is illegal or places her at risk of deportation that would be appreciated.

Our expected arrival date is in a week so any help is appreciated. Thanks in advance.


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## abarso (Jan 11, 2013)

*Found it*

If anyone else has the same questions Act 13, 2002: the Immigration Act is available here on info.gov.za: (I can't post the whole link as a newbie), but it ends in view/DownloadFileAction?id=68047

From Section 11 (2)
Page 26, line 48:
_The holder of a visitor's permit may not conduct work.
_

From Definitions and interpretations (1), Point (xliii)
Page 12, line 25
_"work" means business, commercial or remunerative activities within the Republic, excluding work on the basis of a permit referred to in sections 12 or 14. or work for a foreign employer pursuant to a contract which only partially calls for activities in the Republic, or work as a business or profession mainly based outside the Republic but requiring activities within the Republic.
_
Sections 12 and 14 refer to Diplomatic Permits and Treaty Permits respectively.

It doesn't say that you can't work while waiting for your work permit, but I think that if you are waiting for a work permit then you by definition don't have a work permit yet. And if you don't have a work permit, you can't work.


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## LegalMan (Dec 26, 2012)

This exact situation is the source of a major battle in South Africa.

First things first:
It is definitely illegal to work without having been issued a work permit. The big international company you speak of is wrong, and if, in the extremely unlikely chance, they are caught, there will be a court case, fines and deportation.

To explain the situation further, the issue is not that much around working illegally as it is that people don't want to lose the job offer. If I want to hire you, but you can only start working in "on average" 3-9 months time, I may not want to hire you any longer. The Immigration Act and Regulations state that your permit application will be processed in 30 days. People have taken Home Affairs to court ad nauseum in the last few years due to losing job offers, winning every case and costing tax payers over R50million. Horrid.

But that is the problem. And you require a solution. There are only three real things to do:

1.) Explain all this to the company and hope they understand that they may have to wait.
2.) Apply in the UK - they process permits much faster, usually within the 30 days.
3.) Use the advice of an immigration lawyer. There are many. Yes, it costs money, but you cannot afford even the slightest mistake on this part of your move.

For the future, this big international company really should apply for and get a Corporate Permit. This will take a few months, but after that they will be able to hire foreigners much more quickly and efficiently, and at a FAR lower price tag. Perhaps mention this to them, to show that you have a strong knowledge of the situation.

Are you able to say who the company is?


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## abarso (Jan 11, 2013)

No, I'm not going to name the company, it wouldn't go down well if they found out I was bad mouthing them on a forum.

Anyway, an update is that my girlfriend will be coming over on a UK contract, ostensibly to do business on behalf of the UK branch of the company. I assume that there is a category of visitors visa that let's you carry out meetings, conferences, etc. She'll be on a uk contract until the work permit comes through.

I'll be working from home, for an Australian company. I also will travel a lot up to East and West Africa where they are have more work happening. I'm planning to get a visitors visa at the airport and then when my girlfriend's company applies for her work permit I can get temporary residence as an accompanying spouse.

Does anyone know if any of that will be problematic?


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## LegalMan (Dec 26, 2012)

There are so many problems and potential problems with that. Most of the challenges are with timing - Home Affairs might not get things done in time for most of your plan. You may struggle to leave and enter South Africa many times without the correct papers. Also, you may not work on an Accompanying Spouse Permit.

You really need to seek out advise from an immigration lawyer/expert. The immigration law and the ensuing regulations are sometimes quite "different".


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## jhen8305 (Jun 14, 2012)

I got my work permit already only after two weeks of waiting....I applied in home affairs pietermaritzburg here in KZN.... but I do not work while waiting because the immigration lawyer told me that we have to wait until my permit is already out....


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## LegalMan (Dec 26, 2012)

That is fantastic! A record time to get your permit, and very much so because you used the immigration lawyer.

Congratulations!


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## Oz_Child (Jan 28, 2013)

No Work Permit equals no working. I spent 9 months with an offer to work and had to wait. Extremely risky to come work without appropriate permits, deportations do happen. I believe it is easier to apply from outside SA than to apply within.


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## cotsemaw (Mar 14, 2012)

I waited 3 months to get my work permit at the SA Embassy in Paris and I was working from home in Paris... my company couldn't transfer me here until I get the work permit... it was stipulated in the contract...


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