# General work visa for south africa



## gsakhare (May 28, 2014)

Hi Members,

I have got a job in johannesberg south africa in IT company. The company is doing all the work permit process. I had been to johannesberg last month for the interview purpose in the same company. I have an employment agreement in my hand.

Now for the company to apply for work permit the company is telling me to come down to south africa because they would require my original documents for work permit.

I am a bit confused now.

I need to understand the complete process in this scenario.

They have sent me 1740 document and other documents to be filled here. So am i going to apply from here as well.

Thank You


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## Feastarr (Jul 25, 2013)

1. You can not apply for a visa from both Johannesburg and India. 
2. You can no longer go to SA on a Visitor's visa and then apply for a work visa. You will have to apply for it from within India. This is one of the big changes in the new immigration law that was brought into operation on the 26th of this month.


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## gsakhare (May 28, 2014)

*General Work Visa*

Hi Feastarr,

Thank you for the reply.

If you don't mind , can you please advise me the process of how can i get my work permit at the earliest.

The company is calling me to south africa on the visitor visa once again to apply from Johannesburg.

They also told me about some changes in the policy but they said that they are yet to confirm the same.

It would be great if you can help me with some suggestions on the same.

Regards
gsakhare


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## Feastarr (Jul 25, 2013)

The new GWP rules takes away the requirement of publishing the ad in the newspaper and a few other things. Instead, your company will have to procure a letter from the Department of Labour in SA to certify that there are plausible reasons for your appointment for the post, that a diligent search was done by the company before deciding to hire you and that you will be paid equal or more salary than a South African for that position.

I can definitely confirm that the company won't be able to apply GWP for you once you're in Jo'burg. The new rules explicitly state that Visitor's visa can not be converted to work visa once you are in the republic. Hard luck there, because it's just been 4 days that the rules came into operation.

My work visa application is also stalled because of these requirements.


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## gsakhare (May 28, 2014)

Thank you Feastarr for a quick and brief reply.

Just a couple of queries.

1) How much time the GWP would take to approve if i apply for the same from south african consulate here in mumbai.

2) Will it be possible for you to suggest whether I should go for GWP through an agency (If Yes, Can you please help me with a name of agency which can do this job efficiently) or i should be applying for it individually.

Thanks a ton.

Bet Regards,
Gsakhare


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## Feastarr (Jul 25, 2013)

Ideally the South African company should have a professional preparing the documents for you. You will need some documents that are time-consuming, like the SAQA evaluation, the salary benchmark and the letter from the department of labour. 

The South African agent will send all of your documents back to you and then you will apply for the GWP in the consulate. 

For Delhi, they have started processing the GWP applications that were made in Februrary, so give of take 3 months for a GWP application. I am not sure about Mumbai's.




gsakhare said:


> Thank you Feastarr for a quick and brief reply.
> 
> Just a couple of queries.
> 
> ...


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## gsakhare (May 28, 2014)

Feastarr said:


> Ideally the South African company should have a professional preparing the documents for you. You will need some documents that are time-consuming, like the SAQA evaluation, the salary benchmark and the letter from the department of labour.
> 
> The South African agent will send all of your documents back to you and then you will apply for the GWP in the consulate.
> 
> For Delhi, they have started processing the GWP applications that were made in Februrary, so give of take 3 months for a GWP application. I am not sure about Mumbai's.


Thank you Feastarr for this valuable information.

I am really glad to have my all of doubts cleared.

Yes the company told me that they will be sending the documents required.

Thanks once again.
Best Regards,
gsakhare


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## 2fargone (Jun 14, 2011)

Just a heads up. Unless things have changed their processing times the SAQA evaluation took forever. I waited just over a year for for mine. It was a joke. This was 4 years ago maybe they are faster now, but you might want to start with that!


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## gsakhare (May 28, 2014)

*General Work Visa*

Hi 2fargone,

Thank you for the valuable information.

It would be great if you can help me with the process for SAQA.

I am newbie to visa thing and dont have much knowledge about the process.

Even when i visited SAQA i was a bit confused as what should i do.

Best Regards,
gsakhare


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## Feastarr (Jul 25, 2013)

SAQA is much better now. It will still take about a month for your evaluations to come through. Make sure that you send them as many documents supporting your highest qualification as you can.

I sent my degree, my marksheets, and a letter from my college mentioning that I was a student and passed the course. It might have been a bit too much but it did the job.


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## 2fargone (Jun 14, 2011)

gsakhare said:


> Hi 2fargone,
> 
> Thank you for the valuable information.
> 
> ...


Hi,

Did you go to this link South African Qualifications Authority - Home Page


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## gsakhare (May 28, 2014)

Hi Feastarr,

Thanks, i have a couple of queries:

Where did you send your documents? 
Do they require all of your original documents?
Is SAQA has a center in India?

Thanks once again


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## Feastarr (Jul 25, 2013)

1. My agent sent them to SAQA for me. 
2. No. But they might ask for them if they have any doubts. 
3. No.


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## gsakhare (May 28, 2014)

Thanks a ton Feastarr

can please help me with your agency who did this for you?

Do you think i should go with the same agency?

Best Regards,
Gsakhare


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## LegalMan (Dec 26, 2012)

I missed this thread, sorry. Everything seems 100% spot on with advice.

@gsakhare: Why doesn't your future employer have a Corporate Visa? That would greatly speed up any work visa process for any foreigner that they employ.


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## gsakhare (May 28, 2014)

LegalMan said:


> I missed this thread, sorry. Everything seems 100% spot on with advice.
> 
> @gsakhare: Why doesn't your future employer have a Corporate Visa? That would greatly speed up any work visa process for any foreigner that they employ.


Hi LegalMan,

I have read your threads and know that you are an expert in south african immigration policies.

Thank you very much for putting your time to read my issue and advising for the same.

But i am the only foreigner candidate in this company, 
can they still go ahead with corporate visa for me?

Does corporate visa require a specific number of foreigners to be employed to apply for corporate visa?

Also, i would like to know the time to get the corporate visa?

They want me to fly into south africa on visitor visa. can they apply from within south africa?

Please advise...Thank you so much.

Regards,
gsakhare


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## LegalMan (Dec 26, 2012)

You have to apply from India. If you are the only foreign employee, then no, they don't need a corporate visa.


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## gsakhare (May 28, 2014)

Thank you LegalMan,

A kind request to help me with an approximate time the general work visa takes to get approved?

Thank you once again


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## LegalMan (Dec 26, 2012)

No-one can promise anything. I can only say: It will take a number of months.


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## gsakhare (May 28, 2014)

Thank you LegalMan for solving all my queries.


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## gauravjoshid (Jun 6, 2014)

*Work Permit Status*

Hi LegalMan, Feastarr,

Just went through the threads on South Africa's VISA rules change and am a worried man now. I am currently in Johannesburg, SA on a visitor VISA (expiring 20-Jul-2014) & I arrived here on 26-May-2014 (yes the same day as the change in VISA rules was applied).

My employer (IT Company) says that they have applied for a work permit for me and the application is in process. They even claim that they have received an SMS about the receipt of the application from the Dept. of Home Affairs. 
@LegalMan,Feastarr - Is this now possible? because as per the new regulations, you cannot apply for change in VISA type within South Africa. 

I believe my employer is not being honest with me about the application. I have asked him to forward the SMS which he has not done yet. 

Assuming that the VISA is not processed before 20-July-2014 (which is most likely the case), what are the options that I have? I resigned from my previous company and was assured by my employer here that the work permits will be processed without any hassles. I have a wife and a kid back in India who I plan to immigrate to South Africa (as dependents), if everything goes well.

Please help as I am really concerned about my career and my future here in South Africa. 

Thanks in advance.


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## LegalMan (Dec 26, 2012)

Yes, demand the SMS as well as a copy of the application receipt. If they don't show this to you, leave.


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## Feastarr (Jul 25, 2013)

@gauravjoshid, you still have a plenty of time to get the application receipt from them. Have they also taken your passport? If they hesitate giving you any proof of application, then just leave before the 20th of July. If they have confiscated your passport AND also not giving you with the receipt, then you must contact the authorities. 

Just take care not to overstay in SA without a receipt because that will nil your chances of coming back to SA for the distant future.


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## Feastarr (Jul 25, 2013)

@LegalMan, can you confirm that even the Section 11(2) business visa holders won't be able to apply for a work permit while in the republic?


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## LegalMan (Dec 26, 2012)

I can confirm that because Home Affairs has stated clearly many times - a change of status means returning to your home country.

Business -> Work = Change of status


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## Feastarr (Jul 25, 2013)

Thanks. The home affairs language seems very cryptic to me. Always convincing to hear it from a pro.


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## gauravjoshid (Jun 6, 2014)

LegalMan said:


> Yes, demand the SMS as well as a copy of the application receipt. If they don't show this to you, leave.


Hey LegalMan, Feastarr, 

Thanks for your responses. Your support means a lot to me guys. Talked to my employer and asked for the proof of application. They sent me the SMS with the application id. I even checked the application Id on the DHA website, and it shows that the application is received by the dept [I am not sure how they got this done since they only took my passport details on 30-May-2014 (the passport is still with me)]. 

However, it doesn't say anything more about the type of permit applied for, the name of the applicant, time required for processing, etc. Was wondering if there is any way of verifying that this is indeed application under my name and the type of permit applied for (once bitten, twice shy). There is a call center number on the SMS on which one can track the status. Will that be of any help? 

My employer said that they have applied for a 5 year work permit and they will take my passport for stamping in a couple of weeks. I am not sure if it will happen so soon.

Once again, your helpful advice is much appreciated.


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## LegalMan (Dec 26, 2012)

"If you need information from Home Affairs, you can contact the Home Affairs Hotline on 0800 60 11 90"


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## Skilled (May 10, 2011)

LegalMan said:


> I can confirm that because Home Affairs has stated clearly many times - a change of status means returning to your home country.
> 
> Business -> Work = Change of status


It's only when you are changing from a Visitors Visa. Even then there are exceptional cases e.g when you came in on Visitors Visa and you are married to an SA Citizen or Permanent Resident.

It's clearly stated in the regulations document


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## LegalMan (Dec 26, 2012)

Skilled said:


> It's only when you are changing from a Visitors Visa. Even then there are exceptional cases e.g when you came in on Visitors Visa and you are married to an SA Citizen or Permanent Resident.
> 
> It's clearly stated in the regulations document


Correct, only for Visitor's Visas and Medical Treatment Visas. Must apply 60 days before end of current visa/permit.

This is why the Work Endorsement on Relative's (Spousal/LP) Visas is so confusing currently, as you end up on a Section 11 which is a Visitor's Visa.


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## gsakhare (May 28, 2014)

*Going on a short term visitor visa with work authorization*

Hi LegalMan,

Want your advice.

I had gone to Jo'burg last month on a five days visitor visa for interview purpose.

The company selected me and gave me the employment contract.

The company has approached to Department of Labor to get the Go ahead letter but it would take another 30 days to get that letter.

Now i have my joining on 1st of july and the company has told me to apply for a short term visitor visa with work authorization under section 11(2) of immigration act.

Do you think i will face any issues while applying for general work visa or the immigration authority would not treat this fairly.

What should i tell the immigration guys if they ask me if i am going to apply for general work visa after my visitor visa expires?


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## LegalMan (Dec 26, 2012)

There seems nothing wrong with your plan. The only thing that you should be aware of is that you will have to return to your home country to apply for the eventual General Work Visa.


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## Feastarr (Jul 25, 2013)

Hi Gskhare, 

Are you aware of the process your company went with applying for the letter from DoL?
Tx


gsakhare said:


> Hi LegalMan,
> 
> Want your advice.
> 
> ...


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