# VISA query and options - HELP!



## LotusPalm (May 15, 2013)

Apologies in advance for the long-winded and slightly convoluted post, but any help / information / advice that you could give me would be really helpful!

My husband is a Civil Engineer, specialising in Rail Track Design and is expecting an offer of a permanent position from the South African arm of a large multinational Engineering firm. The role has been advertised in line with the General Work permit guidelines and we believe that everything would be in order for him to receive a General Work Permit.

I am in the latter stages of the recruitment process for a Sales Director (permanent) position for a large multinational publisher. I have over 12 years experience in this industry, and have prior experience with execution of a strategy that this company is about to impliment. However, they are concerned about being able to justify the appointment appropriately for a general work permit. The role has been advertised appropriately, but becasue the skills that are needed are soft skills, (i get the impression) it is difficult for them to be able to clearly say that I am a better fit than any South African citizen.

A couple of other alternatives have been suggested to me, and I wanted your advice:
Is it possible to get a spousal VISA to accompany my husband to South Africa, and to attach a work permit to that (Accompanying spouse with permission to work?)
Would an inter-company transfer work? Is it possible to get these for longer than 2 years? Is it possible to apply for a General Work Visa at the end of the 2 yr inter-company transfer visa - by applying for a permanent role within the company. Or would this still have the problem of being able to prove exceptional skill over and above south african citizens?
Is it easier to get a Work permit when in SA already?

Any help and advice very very gratefully received - It's really murky out there in regards to what is acceptable motivation for employing a foreigner!


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## LegalMan (Dec 26, 2012)

For your questions:

_Is it possible to get a spousal VISA to accompany my husband to South Africa, and to attach a work permit to that (Accompanying spouse with permission to work?)_
Yes. (Just FYI, you may not work on a Relative's (Accompanying Spousal) Permit, your permit type will change.)

_Would an inter-company transfer work? Is it possible to get these for longer than 2 years? Is it possible to apply for a General Work Visa at the end of the 2 yr inter-company transfer visa - by applying for a permanent role within the company. Or would this still have the problem of being able to prove exceptional skill over and above south african citizens?_
Yes to all of these. Your General Work Permit is company specific, so when you move from that company, you must prove everything again for the new permit.

_Is it easier to get a Work permit when in SA already?_
Yes, mostly. Depends on many factors. For example, it's easier to get a UK police clearance when still in the UK.

Hope this helps.


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## LotusPalm (May 15, 2013)

LegalMan said:


> For your questions:
> 
> _Is it possible to get a spousal VISA to accompany my husband to South Africa, and to attach a work permit to that (Accompanying spouse with permission to work?)_
> Yes. (Just FYI, you may not work on a Relative's (Accompanying Spousal) Permit, your permit type will change.)
> ...



Hi LegalMan,
Thank you for your response - I hoped that you would find the time to message!

Just to double check - what would i need to do if I came over as a accomapanying spouse (both my husband and I are from the uk), but wanted to take up a position with this comapny? What would they need to do?

And what would they need to do to show due motivation to employ me over a SA citizen? This seems to be their concern at the moment, as there are no explicit technical skills that I have over anyone else. it is just a matter of preference and erelevant expereince - but thats subjective isn't it?


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## LegalMan (Dec 26, 2012)

LotusPalm said:


> Hi LegalMan,
> Thank you for your response - I hoped that you would find the time to message!
> 
> Just to double check - what would i need to do if I came over as a accomapanying spouse (both my husband and I are from the uk), but wanted to take up a position with this comapny? What would they need to do?
> ...


Accompanying Spouse - This is a type of Relative's Permit and there is not much you need other than your marriage certificate and the standard application documents. To work, you'll apply for the Work Endorsement.

To employ you over an SA citizen means they simply follow the process, worst thing is it takes so long. To be frank, anyone can be hired over a South African, there is always a reason or two that the company needs a specific person, if you catch my meaning.


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## LotusPalm (May 15, 2013)

Thanks again.

Can you think of any reason why they may be nervous about it then? They are going to increasingly complex interview levels to try and prove the distiction. In their own words, 'they cannot hadn on heart say, at the moment, that i am more qualified than the other applicants', but the hiring manager has said that he feels i am the best person for the job!

What would you advise?


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