# Is Department of Labour Certificate required to EMPLOY a Critical Skills Visa holder?



## Mdenhere (Nov 8, 2016)

Hi

I have a Critical Skills Visa expiring in 2020. I have been employed on short term fixed term contracts up to now. Now the employer says the law does not allow further extension of my fixed term contract and they wish to make a permanent appointment. My challenge is that they now say the law requires them to show the Department of Labour that they cannot find a local who can fill in the position before they can appoint me.

Is this necessary for a Critical Skills Visa holder? Is that not a requirement for General Work Visas moreso when applying for the Visa?


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## Teezee (Jul 15, 2015)

Employing foreigners regardless of whether you have a valid visa is now a global problem due to the economic recession and inactive labour markets. Laws have always been there to prioritise locals andnow they are being enforced coz of limited opportunities. In instances where employers dont comply, there are penalties which are applied which may include revocation of business licences. Emloyers are not taking risks. Besides its a tedious process to employ a foreigner on any type of visa, employer is still required to secure approval from Dept Of Labour. Its only when you have a permanent residency permit that the employer is not obliged to seek approval from Dept of Labour. Perhaps it may be helpful if we knew what skills you have, its easier for people with skills that are required by Gvt Departments eg Doctors


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## 1326170 (Oct 2, 2016)

Mdenhere said:


> Hi
> 
> I have a Critical Skills Visa expiring in 2020. I have been employed on short term fixed term contracts up to now. Now the employer says the law does not allow further extension of my fixed term contract and they wish to make a permanent appointment. My challenge is that they now say the law requires them to show the Department of Labour that they cannot find a local who can fill in the position before they can appoint me.
> 
> Is this necessary for a Critical Skills Visa holder? Is that not a requirement for General Work Visas moreso when applying for the Visa?


I too am quite sure its only for General Work Visas, however lets wait for the experts to reply? Legalman?


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## Teezee (Jul 15, 2015)

Husain999 said:


> I too am quite sure its only for General Work Visas, however lets wait for the experts to reply? Legalman?


Its ok pal to wait for experts but sorry I may sound like I am blowing my horn; I have worked extensively in the South African recruitment industry and greatly handling the placement of expatriate labour and facilitating regulatory compliance for such. Its pretty advantageous that your employer has informed you in advance, and given the amount regulatory paperwork they have to go through to justify appointment of people on permits I can only wish you luck.

Look at the posting of people trying to renew their Work Visas where jobs are even guaranteed by the employer. That should give you a glimpse of what a challenge you are facing


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## 1326170 (Oct 2, 2016)

Teezee said:


> Its ok pal to wait for experts but sorry I may sound like I am blowing my horn; I have worked extensively in the South African recruitment industry and greatly handling the placement of expatriate labour and facilitating regulatory compliance for such. Its pretty advantageous that your employer has informed you in advance, and given the amount regulatory paperwork they have to go through to justify appointment of people on permits I can only wish you luck.
> 
> Look at the posting of people trying to renew their Work Visas where jobs are even guaranteed by the employer. That should give you a glimpse of what a challenge you are facing


There you go, experts have said it!


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## Mdenhere (Nov 8, 2016)

Teezee said:


> Employing foreigners regardless of whether you have a valid visa is now a global problem due to the economic recession and inactive labour markets. Laws have always been there to prioritise locals andnow they are being enforced coz of limited opportunities. In instances where employers dont comply, there are penalties which are applied which may include revocation of business licences. Emloyers are not taking risks. Besides its a tedious process to employ a foreigner on any type of visa, employer is still required to secure approval from Dept Of Labour. Its only when you have a permanent residency permit that the employer is not obliged to seek approval from Dept of Labour. Perhaps it may be helpful if we knew what skills you have, its easier for people with skills that are required by Gvt Departments eg Doctors


thanks for the enlightenment. I am on a Corporate General Manager CSV


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## Mdenhere (Nov 8, 2016)

Dear All,

Just as a way of update, I managed to contact the Department of Labour and spoke to a Director there who advised me that a DoL Certificate proving diligent search is NOT necessary when employing a Critical Skills Visa holder.


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## Teezee (Jul 15, 2015)

Good for you, your challenge now is to convince your employer to renew & extent your contract. Keep us posted of your progress. Best wishes and good luck!


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