# How to obtain a waiver from the Department of Labour for an extension of a GWP



## KarenV1 (May 12, 2015)

Hello everybody,

A friend recommended this forum to me. My current General Work Permit expires in February 2016. Then I can apply for Permanent Residency but in the meantime I need to extent my current visa. Apparently nowadays I need to obtain a waiver from the Department of Labour before I can apply for an extension of my GWP. *Does anybody know where to do that, and how to do that, and what is needed for that exactly?*
(I have visited 2 branches of Home Affairs, visited the VFS website, went to a VFS branch, went to the Department of Labour and spoke to 3 different Immigration lawyers, but everybody provides me with different information...)

Many thanks in advance! Karen


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## daudi78 (Nov 20, 2014)

Hi Karen,

I'm not sure if by waiver you mean the clearance certificate from labour. If it is, your employer will need to advertise the job on a national newspaper to prove that they have searched and failed to identify a suitable candidate. After that, your employer will have to approach the department of labour for the certificate. The department will require the company'. skills development plan and employee equity report. 

This process is a long one. I applied for mine in December and I'm still waiting for it 5 months down the line. Due to the new laws, I had to take unpaid leave in my home country, Kenya, as I wait for this certificate. Then there's still the 8 weeks the Embassy will take to process the visa. My advice to you is to start now with the certificate. Otherwise, you'll be out of pay for a long time like me.


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## KarenV1 (May 12, 2015)

Thank you Daudi. It sounds like you are a first time applicant for a work permit...? Mine is an extension. The newspaper advert etc. has been placed in the past. The waiver that I'm talking about apparently should bypass that requirement because it has been done in the past... Good luck with your application!


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## daudi78 (Nov 20, 2014)

I'm also applying for a renewal. With the new law, it doesn't matter whether it is a new application or renewal. The process is the same for both.


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## Jen76 (Jun 24, 2015)

Hi Karen. 

It seems we're in exactly the same boat as I also need to renew my GWP Feb 2016. I've also contacted just about everyone to find out exactly what's required. I was also told (including by the VFS) that the GWP renewal process is exactly the same as if applying for a GWP for the first time. HOWEVER, I just came across information on the VFS website, under the 'Documents Required' for 'GWP', specifically for GWP renewals, reading as follows:
- A certificate by the Department of Labour confirming that-
The applicant continues to be employed in line with the labour standards;
A contract of employment stipulating the conditions of employment and signed by both the employer and the applicant; and
Full particulars of the employer, including, where applicable, proof of registration of the business with the Commission on Intellectual Property and Companies (CIPC).

This implies to me that the job ad, letter of motivation, etc. are NOT required for renewal when submitting to the DofL. 

daudi78 - where did you obtain your information regarding the GWP renewal process being identical to the initial GWP application process.

Can anyone verify so that we have the correct info? Thanks so much!


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## daudi78 (Nov 20, 2014)

Hi Jen,

That is exactly the same info I got from vfs until I approached the department of labour. To obtain the certificate, they insisted that we had to advertise the position on national newspaper to ensure that there was no suitable south African candidate for the job. If not found, your employer will then request DoL to check their database for a suitable candidate. They will also require the company to present their skills development plan and employment equity plan. If the candidate is not a match for your employer DoL will then issue the certificate. This is a long and complicated process that took me 7 months to complete. I had to leave the country as my permit expired in February. I submitted my application with the Embassy this morning here in Kenya and they told me to expect an outcome within 8 weeks. That's another 2 months of waiting. I hope this helps. My advice to you is to visit your nearest department of labour as soon as possible.


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## Jen76 (Jun 24, 2015)

daudi78, wow! That's crazy! Did it take 7 months to receive your certificate from the DoL...or was that the time it took for you to to get all the required paperwork together?


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## daudi78 (Nov 20, 2014)

I submitted my application on the 10th of December and got a response that my application was finalized on the 15th of June.


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## Jen76 (Jun 24, 2015)

I don't suppose you could provide a list of all the documents you submitted to the DoL? That really would help a great deal! Thanks so much!


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## daudi78 (Nov 20, 2014)

Here is the list of requirements from department of labour. Please note that they don't deal with the employee directly. Your employer or someone nominated by the employer will be the one dealing with them. Below i have copied and pasted from a word document sent to me. You will notice there are some points missing. I have deleted things that are no longer required. Here's a link to the document.https://drive.google.com/file/d/0B5ZHS0axqqZ_RDN2VkNUeHFJT0ppODBHUEJRVzFqaktVNjlN/edit?usp=docslist_api

1.1 Application form: DHA application form (DHA-1738) for first time applicant; (DHA-1739) for renewal & (DHA-1740) for conversion is attached to the application (DHA) ;(DHA-947) for Permanent Residence.
1.2 ‘Powers of attorney’: letter is attached if the employer is represented by an agency in the application process (Employer);
1.3 Labour Migrant’s ID photo: The applicant’s portrait ID photo is affixed to the work permit application form (DHA)-if labour migrant already identified;
1.4 Job description of the vacancy applied for.
1.5 ‘SAQA Certification of Evaluation’: If the applicant labour migrant has academic qualification certificates acquired abroad, a ‘SAQA Certification of Evaluation’ duly signed by a competent SAQA authority and indicating the South African equivalent(s) must be attached;
1.6 Contract of Employment: A duly completed and signed contract of employment document should be attached to the application package (Employer);
1.7 Workplace Skills Plan (WSP) submitted-for designated employer-(as defined in the Employment Equity Act (No. 55 of 1998);
1.8 Employment Equity Plan (EEP) submitted- for designated employer;
1.9 Copy of a job advert - Not older than four (04) months as at application time-as audit evidence that the client employer conducted labour search within South Africa;
1.10 Interview notes: Selection interview notes by the employer indicating the rationale for recruited local citizens not being suitable for the vacant post or reasons for the locals not being considered at all;
1.11 Copies of CVs of candidates interviewed for the post(s)

1.16 ESSA Form: A fully completed ESSA Opportunity Registration Form.


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## Jen76 (Jun 24, 2015)

You're an absolute star! Thank you sooooo much!


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## HighlyFavoured (Apr 20, 2015)

KarenV1 said:


> Hello everybody,
> 
> A friend recommended this forum to me. My current General Work Permit expires in February 2016. Then I can apply for Permanent Residency but in the meantime I need to extent my current visa. Apparently nowadays I need to obtain a waiver from the Department of Labour before I can apply for an extension of my GWP. *Does anybody know where to do that, and how to do that, and what is needed for that exactly?*
> (I have visited 2 branches of Home Affairs, visited the VFS website, went to a VFS branch, went to the Department of Labour and spoke to 3 different Immigration lawyers, but everybody provides me with different information...)
> ...


Hi Karen

I went through the same process for my GWP as it was expiring December 2014 so i will explain what i did to get the waiver.

You apply for the waiver of the DOL certificate to Home Affairs through VFS. If you go on VFS website, you will see that you can submit an application for a waiver. I applied to Home Affairs to waive that DOL requirement as i also qualified for permanent residence in Feb 2015. So basically my employer had to provide me with a motivational letter to say why the DOL requirement should be waived. I would suggest you start now because mine took 2 months to come out. Just make sure in your motivational letter you are specific as to which requirements of the GWP application you want waived. So make sure you reference to the sections of the Act which you will see when you submit the waiver application on VFS website. So in summary i submitted the following

1. Application form for waiver - VFS Website.
2. Motivational letter from employer listing which sections we request to be waived and why. So they can also refer to the fact that you will qualify for a perm res soon and also comment on how you are a valuable employee etc etc
3. Company profile
4. Company registration documents and ID of director.
And the other documents which you will get the list once you submit application.

Good luck. I hope this is sufficient.


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## dave_c (Jul 1, 2015)

Not sure if this will be of any help. Apparently you can apply for a waiver if the position you hold cannot be filled by a South African (you must have a skill not readily available). I dont know where you get this, I need to pay R9000 to an immigration specialist before they will share info


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## Jen76 (Jun 24, 2015)

Hi daudi78 - you mention some points on the list are no longer required...1.12, 1.13, 1.14 and 1.15. Were you advised by the DoL that these aren't required? Are they not required for any GWP renewal application? Thanks so much, Jen


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## daudi78 (Nov 20, 2014)

Yes, DoL advised me.


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## Jen76 (Jun 24, 2015)

Thanks! Not even 1.15?...copy of previous permit?


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## LegalMan (Dec 26, 2012)

Hi All, 

Even when one is extending or renewing their general work visa, you would unfortunately need to get a Department of Labour certificate. Your position would need to go through the whole advertisement procedure again, because Home Affairs and Labour believe that during the time that the applicant has held the general work visa, A South African might have become available that possess the skills for the job position, therefore even in the case of a renewal, the job position needs to be made available again to the South African citizen.


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## daudi78 (Nov 20, 2014)

Jen76 said:


> Thanks! Not even 1.15?...copy of previous permit?


All they asked was a copy of my passport.


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## Wankil (Aug 19, 2015)

Hi daudi78

That the sad part of the new law and it does not make sense for a renewal where nothing has changed..basically there is no more renewal of gwp,what ever daudi78 said is 100% correct. Daudi78 does the receipt from dol says you will get an answer in 30 worki g days?


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## AnotherJen (Oct 2, 2015)

Hi all,

I wonder if I'm in a similar situation, however my GWP was granted for 4 years, and I am to renew for a 5th before obtaining Permanent Residence. The Waiver was explained to me as negating the need to go through the job advertisement process again. However, it could take 4 months to get the waiver. 

Does anyone have experience here?

Thanks


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## Lycious (Mar 27, 2016)

*Hi Highly favoured*



HighlyFavoured said:


> Hi Karen
> 
> I went through the same process for my GWP as it was expiring December 2014 so i will explain what i did to get the waiver.
> 
> ...








Hi 

Could you kindly assist me. I am also trying to apply for a waiver. If possible please inbox me, l have list of questions l would like to ask

@Karen. Hi did you eventually get assistance with the labour certificate or you opted for a waiver?


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## attuu (Mar 14, 2014)

HighlyFavoured said:


> Hi Karen
> 
> I went through the same process for my GWP as it was expiring December 2014 so i will explain what i did to get the waiver.
> 
> ...


Hi,

In the waiver application last section, what reasons did you type in? How do I write it?
Can the waiver and work permit renewal applications submitted at the same time? Because I dont have much time to wait....
While you are waiting for the outcome of waiver, what will happen if the work permit expires?
Thanks


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## attuu (Mar 14, 2014)

Lycious said:


> Hi
> 
> Could you kindly assist me. I am also trying to apply for a waiver. If possible please inbox me, l have list of questions l would like to ask
> 
> @Karen. Hi did you eventually get assistance with the labour certificate or you opted for a waiver?


Hi,

Have successfully got it done? Please can you let me know


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## chanchicachan (Jan 15, 2018)

*Update*

Hello,
I have an employer who is willing to hire me, I wanted to know if the department of Labour is still as difficult as it was back in 2015?


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## libtuk (Jan 16, 2018)

Thank you for sharing.


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