# SA Work permit nightmare! Please help!



## fatbaby (Dec 27, 2009)

I moved over here to Ballito in December with my SA husband and two kids. I have a temporary residence permit and have been told by my immigration lawyer that I can get a work permit when I am offered employment. I have applied for hundreds of jobs and dont get any response whatsoever. I 've been told that this is because I dont have a work permit!! Its like a nightmare catch 22!

I'm a qualified high school sports teacher with an honours degree. My husband is also a teacher. I did 8 weeks of netball coaching at my husband's school as they said they were desperate. Then they refused to pay me and told me they didn't want me anymore because I didn't have a work permit and they wouldn't be able to apply for one for me! I have a number of other skills and haven't been limiting myself to the education sector but It's the same story.... I cant even get a job in a supermarket because I'm the wrong colour.

Does anyone know the deal with work permits? If I dont find work we'll have to go back to the Chav infested UK and my kids love it over here.... Someone please help!!!:confused2:


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## user_emile (Apr 6, 2010)

I too find your unfortunate situation extremely frustrating as I cannot find a definitive answer to your situation anywhere. We are in a similar situation but haven't made the move yet, I am South African and my wife Irish and obviously require her to be able to work once we get there. Here are 2 answers from 2 independent sources.

Bjorn van Niekerk, Client Manager, Intergate Immigration replied to my query some time ago, I extract the relevant information:

We can arrange the processing of a Spousal permit for her once you are married. The temporary residence Spousal permit allows her to come into South Africa due to your status as a SA citizen, this allows her to look for employment and then once she has a job offer, or in some cases a contract of employment, we can arrange the endorsement of the permit so it enables her to work. She can also endorse the permit to study or start your own business. She will have to arrive in SA on a tourist (visitor’s) visa. She will also have to have a return flight showing your departure date within 90 days of arrival for immigration purposes. The application for the permit must be submitted within the 90 days. Please note that this does not mean that she has to leave SA after the 90 days as once we have submitted the application we can keep her in SA legally due to the application. The process, once the application has been prepared and submitted can take about 6-8 weeks to be processed by Home affairs.

The Attache from our South African Embassy in Ireland responded as follow:

In relation to your wife- she has to apply for the relative’s permit and then change to a work permit, if/when she finds employment in South Africa.

My understanding from the SA embassy is that there is no restrictions in applying for work once you are married to a SA citizen if you have the relatives permit (there is also no need for a prospective employer to demonstrate that the position cannot be fulfilled by someone local due to you being married), once you have an employment offer in hand it is then a relative simple and quick procedure to change / obtain the work permit.

The "Homecoming Revolution" website had an article posted by "Intergrate Immigration" which highlighted the conflicting information out there but has since removed it.

I too would be extremely happy to see other peoples view on this matter or any help that can be offered.


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## Daxk (Jan 20, 2008)

Find someone to bribe.
get a letter from a friend who has a business stating that you are being considered for work when your work permit is granted.
that at least gets the ball rolling.
prospective employers seeing that you already have a work permit will view you in a more favourable light wile you change names on the work permit.
I recall speaking to you before,sure we discussed the nightmare that is the SA Home affairs and work permit situation?


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## fatbaby (Dec 27, 2009)

From what I can make out , if you have a temporary residence (spousal) permit, once you are in SA you can apply for a permanent residence permit, which I believe allows you to work...I'm just looking into it now.

I wouldn't advise making the move until you have some kind of work permit. This homecoming revolution thing is bull****. Noone will even look at you for work unless you have a work permit. I looked on the Home affairs website at what the potential employer has to prove in order to give you work...They have to give all the details of the other candidates and say why you should be given the job before them...its not just a case of getting a job offer. Why would someone employ a foreigner when they have to go through all that hassle? If they are so desperate for South Africans to come back, why aren't they making things clear for potential empoyers with regards to their spouses? My husband got a job no problem cos he's a saffa! I was actually my husbands boss, have more experience and higher qualifications, but no school wants to know because of the work permit thing!!

We have friends who have businesses who said they'll do the letter thing and pretend they've offered me work, but then how do they get through the whole 'prove it' crap? Anyway, the permit is job specific so I wouldn't be able to use it for any other 'real' job!!


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## user_emile (Apr 6, 2010)

As per my previous post: "My understanding from the SA embassy is that there is no restrictions in applying for work once you are married to a SA citizen if you have the relatives permit (*there is also no need for a prospective employer to demonstrate that the position cannot be fulfilled by someone local due to you being married*), once you have an employment offer in hand it is then a relative simple and quick procedure to change / obtain the work permit.

My understanding therefore is that demonstration by the prospective employer is only required for people without a relatives permit, i.e. for someone that is not married to a saffa. I was told that one simply submit your terms of employment signed by both employer and employee to the home office and they issue you with a work permit. I fail to see why a prospective employer even need to know at that stage whether one has a work permit or not.


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## fatbaby (Dec 27, 2009)

You're absolutely right, you shouldn't have to already have a work permit, but as far as the employers I've applied to are concerned (we're nearly into the hundreds now) they're not interested unless you have! Maybe I should put a bit on my CV saying that I am entitled to a work permit and they dont have to prove that they can't get a South African for the job...or isn't that the sort of thing you should put on a CV? I dunno, everything is done so differently over here !


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## user_emile (Apr 6, 2010)

I think definitely any prospective employer would steer well clear of all the red tape especially if they are unaware that the requirements for life partners/spouses are different to those of other foreigners.
I might suggest that one should not even mention the work permit issue on one's CV or when applying for a position unless asked. When asked simply state that this isn't a problem since you are married to a citizen and can work freely on the basis of that fact, once's existing permit is simply changed with a job offer in hand - there are no restrictions.
You could also refer to page 6, point 1. Foreigners who is party to a marriage or customary union more specifically point 1.1 documents required for a work permit in your situation.
Refer the "url" in my next post (my current membership status don't allow url inclusions)
I hope this helps, by no means am I suggesting that this is a definitive answer and guaruntee for a work permit.
I do understand your situation and frustration as I have had similar problems here and expect similar problems for my wife upon our return.
I can only hope it is as straight forward as it sounds.
Good Luck.


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## user_emile (Apr 6, 2010)

copy and paste below after the www in your browser since I still cannot copy and paste url's

home-affairs.gov.za/documents/faq_tr.pdf

Refer to page 6, point 1. Foreigners who is party to a marriage or customary union more specifically point 1.1 documents required for a work permit in your situation.


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