# General Work Permit - Department of Labour Certificate



## Kites

Hi everyone and Legal Man,

I'm applying for a General Work Permit visa. I want to know details about the process to get the Certificate from the Department of Labour taking into account that I already did the SAQA step. I want to know:

- What are the requirements for an application? (Documentation needed, requirements from the Employer) 
- What does the process consist on? Do they just check the documentation and give a certificate X amounts of days later?
- How long does it take to get the certificate ready to submit the application with home affairs.

Regards.


----------



## Liangtroy

Hi Kites,

I'm from China and in the same situation as you. I applied for the work permit through a immigration law firm in SA which is hired to help by my prospective SA employer. I was informed that the receipt of the application by the DOL was received on July 22. It's been two month since my application was submitted and I got no update.

I don't have a very clear idea on the documentation for the recommendation letter, as the immigration firm takes care of that in SA. But you may find the following links helpful

southafrica-newyork.net/homeaffairs/permit_work.htm
southafrica-newyork.net/homeaffairs/timeframes.htm

Kind regards,

Liang


----------



## LegalMan

Liangtroy said:


> Hi Kites,
> 
> I'm from China and in the same situation as you. I applied for the work permit through a immigration law firm in SA which is hired to help by my prospective SA employer. I was informed that the receipt of the application by the DOL was received on July 22. It's been two month since my application was submitted and I got no update.
> 
> I don't have a very clear idea on the documentation for the recommendation letter, as the immigration firm takes care of that in SA. But you may find the following links helpful
> 
> southafrica-newyork.net/homeaffairs/permit_work.htm
> southafrica-newyork.net/homeaffairs/timeframes.htm
> 
> Kind regards,
> 
> Liang


Another month might do it. Bear in mind those timelines are for the New York SA Mission only.


----------



## Liangtroy

LegalMan said:


> Another month might do it. Bear in mind those timelines are for the New York SA Mission only.


Thanks, man. Waiting is so frustrating. My passion and excitement is fading off........Hopefully I will get the letter by the end of this month.


----------



## Kites

Liangtroy said:


> Hi Kites,
> 
> I'm from China and in the same situation as you. I applied for the work permit through a immigration law firm in SA which is hired to help by my prospective SA employer. I was informed that the receipt of the application by the DOL was received on July 22. It's been two month since my application was submitted and I got no update.
> 
> I don't have a very clear idea on the documentation for the recommendation letter, as the immigration firm takes care of that in SA. But you may find the following links helpful
> 
> southafrica-newyork.net/homeaffairs/permit_work.htm
> southafrica-newyork.net/homeaffairs/timeframes.htm
> 
> Kind regards,
> 
> Liang


Hi Liang thanks, for the links. Regards


----------



## Zozi

Hi everyone,

I'm about to apply for a General Work Permit. From what I read, seems like I need to get the Certificate from the Department of Labour before applying for work permit at the embassy. Am i right? Could you please refer me to the web site or could somebody pls describe where and how to initiate the process for the Certificate?
And I would like to know what does the process consist of?
(I saw the links with the list of documents I need, I'm keen to learn more about the process)

Thank you all
Zozi


----------



## LegalMan

*General Work Permit application for South Africa*



Zozi said:


> Hi everyone,
> 
> I'm about to apply for a General Work Permit. From what I read, seems like I need to get the Certificate from the Department of Labour before applying for work permit at the embassy. Am i right? Could you please refer me to the web site or could somebody pls describe where and how to initiate the process for the Certificate?
> And I would like to know what does the process consist of?
> (I saw the links with the list of documents I need, I'm keen to learn more about the process)
> 
> Thank you all
> Zozi


Yes, first DoL and then apply at VFS/DHA. Call the DoL and they can direct you.


----------



## Zozi

Hi
Thank you

One more question pls. Is the process faster (or with a better result) if the company hires an expert like an immigration lawyer? 
Can you give me an info about expected costs (range) of engaging a lawyer for the Certificate process?

Thank you very much!
Zozi


----------



## Zozi

Hi

one more info - I'm applying for the first time, so I'll be going to the embassy.
(VFS is only for the people who are already in SA, right?)

Do you know if I can apply for a tourist visa in the meantime (after I initiate DOL Certificate or start Work Permit process)?
The reason I'm asking is because I have resigned my current job, still working for another month but I would like to go to SA for New years' and maybe staying there for a month or so (before I get a work permit).

Thank you, much appreciated!
Zozi


----------



## LegalMan

Zozi said:


> Hi
> 
> one more info - I'm applying for the first time, so I'll be going to the embassy.
> (VFS is only for the people who are already in SA, right?)
> 
> Do you know if I can apply for a tourist visa in the meantime (after I initiate DOL Certificate or start Work Permit process)?
> The reason I'm asking is because I have resigned my current job, still working for another month but I would like to go to SA for New years' and maybe staying there for a month or so (before I get a work permit).
> 
> Thank you, much appreciated!
> Zozi


Yes, VFS.

You may enter SA on any valid visa. A Visitor's (Tourist) Visa is one such type.


----------



## Zozi

Thanks a lot

zozi


----------



## LegalMan

Here you go for all the questions:



> One more question pls. Is the process faster (or with a better result) if the company hires an expert like an immigration lawyer?


Of course a lawyer reduces the risk of a negative outcome. Faster - usually yes.



> Can you give me an info about expected costs (range) of engaging a lawyer for the Certificate process?


Most lawyers won't do it unless you do the whole process through them. PM me for more info on costs.



> one more info - I'm applying for the first time, so I'll be going to the embassy.
> (VFS is only for the people who are already in SA, right?)


You apply wherever it is legal to do so. In SA, we have VFS. There is VFS and other such companies in various countries. Otherwise at the embassies.



> Do you know if I can apply for a tourist visa in the meantime (after I initiate DOL Certificate or start Work Permit process)?


Yes, you can, why not?


----------



## Zozi

wow, thanks for all answers 

I'll consult with my new company and than see how to proceed.
Thanks again


----------



## mtkdar

Hi Legal man and Zozi,

Please advise on who has to go to the Department of Labour to get the certificate? is it the employer or the employee?


----------



## SAtrotter

mtkdar said:


> Hi Legal man and Zozi,
> 
> Please advise on who has to go to the Department of Labour to get the certificate? is it the employer or the employee?


Hey Mtkdar. It is the employer who applies on your behalf.


----------



## LegalMan

Hi Mtkar, 

Yes, SAtrotter is correct. The employer needs to submit the application directly to the Department of Labour at the nearest regional office.


----------



## Pedor

Hi, I got the letter of recommendation after 2 weeks of applying at the embassy for a general work permit. And what s surprise, negative, no visa. Reason: negative advice from DOL. In jan they sent a letter that the advice has been sent tot home affaires and advise you tot apply for the visa. What a scam. Waiting 5 months for the recommendation and after all no visa. In total 9 months for nothing! I am completely wasted. More people experience with the new immigration law?


----------



## LegalMan

Pedor said:


> Hi, I got the letter of recommendation after 2 weeks of applying at the embassy for a general work permit. And what s surprise, negative, no visa. Reason: negative advice from DOL. In jan they sent a letter that the advice has been sent tot home affaires and advise you tot apply for the visa. What a scam. Waiting 5 months for the recommendation and after all no visa. In total 9 months for nothing! I am completely wasted. More people experience with the new immigration law?


Hi Pedor, 

Am I understanding correctly that you received a recommendation letter from the DofL and your general work visa application was rejected because of negative advice given from the DofL? 

This sounds extremely confusing? What exactly did that recommendation letter say? What embassy did you apply at? Which regional DofL wrote the letter? Did your employer make an official application for your DofL certificate?


----------



## Pedor

Hi Legalman,

Yes it /was extremely confusing.
The company received a letter from DOL Pretoria dated 16-1-2015 stating that the recommendation has been submitted 24-12-2015 to DOH. At the end "You are , hereby advised to so submit your original application package to the Dept of Home Affairs" 

After 5 months of waiting for the recommenndation this was a breakthrough we thought. So then gathering all latest letters etc. After 3 visits to Embassy of The Haque finally the application was accepted. After 2 weeks the embassy called: "rejected"

Next day I went to the embassy to get my passport ( and of my wife and 3 children)and saw the negative recommendation dated 24/12/2015. This was the first time. Neither me, attorneys and employer have seen this before. Knowing this at front there was no reason to apply off course and pay 400 euros. 

After 5 months DOL came to the conclusion after company visits, adverts in national newspapers ( 1 reaction of a not suitable candidate) etc. : The preferred candidate dont meet the requirement ( DOL and employer could find suitable citizens in SA : negative recommendation 1). Appeal and then waiting 3-12 months for an unsecure outcome....no energy left.


----------



## Pedor

Are there more people facing above mentioned issue? Applying for a GWP with a negative recommendation on the background? Are there positive recommendations already? What jobs?


----------



## hopeful1986

This is so traumatising! How confusing!


----------



## daudi78

Hi Pedro,

I'm also in the same situation as you. I applied for labour certificate on the 10 December 2014 and got the letter from labour on 15 June 2015 giving us the go ahead to apply for the permit at my Embassy in Kenya. I gathered every document required and submitted my application. Six weeks later the Embassy called to say my application has been finalized. Excited I went to the Embassy only to get a negative outcome. The reason, department of labour recommended a citizen. Back in March my employer got a cv from labour and they interviewed the candidate. Unfortunately the candidate wasn't a match and labour was informed. Labour then continued with the process for another 3 months before giving a go ahead for us a go ahead to apply for the permit. I see no logic in this. Why would they give the go ahead when they know very well that the application will be rejected? Why do they communicate to the department and not the employer that applied for the certificate? I have 8 days left for me to appeal. My employer is trying to get the actual report from the department of labour so that we may know how to approach the appeal. Pedro did you appeal? In my rejection letter that I signed at the Embassy they indicated that an appeal takes 2 weeks. Is that the case? Are there more people that have experienced this? Or at least anyone who has succeeded to get the certificate from labour?


----------



## Pedor

Sorry I didnot appeal as the waiting could be between 3 and 12 months as appeal with Dol was never done according my lawyers. Too long as the outcome is not known. Me and my family are done with this country. What a waste of time. I am kind of happy now as I see now how they treat foreigners in SA. I fear for the future of this beautiful country. Mainly by very bad leadership from the current government. Sad to see.


----------



## Pedor

And you of course good luck with the appeal. I wish you all the best.


----------



## Klipspringer

Hi Pedor

As a citizen of this country I feel compelled to say sorry for the treatment you have received. I completely understand your disillusionment. Helping my Italian partner with his visa application as well as reading all of the stories on these boards have opened my eyes to what a huge bureaucratic nightmare we have created for often unsuspecting foreigners who want to come and work here legally and help build our economy. Not only that, but the attitude with which some departments and organisations treat foreigners makes me feel really ashamed. I know you can never get your time and money back but I wish you luck with your future endeavours. 

Just yesterday president Zuma announced that the presidency have come to realise that some of our immigration policies is harming the economy and that they have put together a committee to look into this. Let's hope this will lead to some positive change for the future.


----------



## Pedor

Thanks, hope you are right.


----------



## Wankil

Hi Pedro
that certificate is breaking families and making foreigner life miserable, many families have to leave simply because someone is not doing his job on time. For your information, each time you will have to even renew your visa it will be required and note that the receipt stipulate that you will get an answer within 30 working but do not make the mistake to believe in that. My employer has been calling DOL and was told to just wait and that they dont care if they cause the visa of their employee to expire. So your option is to go back home . And if you are not lucky enough you may loose your job. I have been to many countries and only SA has now weird requirement.
The new law is a nightmare...it looks like we are been chased.


----------



## mandz25

daudi78 said:


> Hi Pedro,
> 
> I'm also in the same situation as you. I applied for labour certificate on the 10 December 2014 and got the letter from labour on 15 June 2015 giving us the go ahead to apply for the permit at my Embassy in Kenya. I gathered every document required and submitted my application. Six weeks later the Embassy called to say my application has been finalized. Excited I went to the Embassy only to get a negative outcome. The reason, department of labour recommended a citizen. Back in March my employer got a cv from labour and they interviewed the candidate. Unfortunately the candidate wasn't a match and labour was informed. Labour then continued with the process for another 3 months before giving a go ahead for us a go ahead to apply for the permit. I see no logic in this. Why would they give the go ahead when they know very well that the application will be rejected? Why do they communicate to the department and not the employer that applied for the certificate? I have 8 days left for me to appeal. My employer is trying to get the actual report from the department of labour so that we may know how to approach the appeal. Pedro did you appeal? In my rejection letter that I signed at the Embassy they indicated that an appeal takes 2 weeks. Is that the case? Are there more people that have experienced this? Or at least anyone who has succeeded to get the certificate from labour?


Hi daudi78

Did you end up appealing the DoL's negative recommendation and have you received an outcome? I am in a similar situation as you are, but they never sent any CVs proposing other candidates to my prospective employer. They also did a minor inspection and said they would come back and never did. Need to know whether to bother submitting an appeal or not...


----------



## daudi78

Hi mandz25,

I'm sorry to hear that you also got a negative response from the department of labour. This department of labour report is really frustrating and I wonder if anyone has succeeded with them. In my case I appealed the decision on 25 of August and I'm still waiting for the response. I went to check on the progress at the Embassy last week and they indicated it take 6-8 weeks for the appeal to be considered. However, according to this link it might take a year. http://us8.campaign-archive1.com/?u=cdf37ab3d5de7df443575a667&id=037d7fc1cb&e=7f0bb4199bbe


----------



## LegalMan

Lets hope with the new regulations being reviewed, they will waive the DofL certificate, as negative outcomes seem to be common with DofL.


----------



## Klipspringer

LegalMan said:


> Lets hope with the new regulations being reviewed, they will waive the DofL certificate, as negative outcomes seem to be common with DofL.


Legalman, are you referring to the task team that was appointed by pres. Zuma? Do you know if the public will be able to comment? I've got quite a few thoughts I'd like to share with them!


----------



## Maushy44

Hi
I'm a Zimbabwean lady using a asylum to work. I wanted to find out if I can apply for a work permit here in South Africa and how do I go about it to get the labor certificate?


----------



## F. Naz

I had a general work permit for five years. I applied for extension but DHA asked me to submit certificate of labour. How can Iget that ccertificate and how long it will take for me to get that?? What do I do now??


----------



## ernal

Why didn't u apply for a PR b4 your 5 yrs elapsed then?


----------



## Wankil

Who has ever got their labor certificate since the new law


----------



## fahadakbar

I also applied for the work visa on June 06, 2017 after receiving certificate from the labour department which took 5 months. After 12 weeks of applying visa rejection of visa application is received with the reason that "Certificate from Department of Labour reflects that you have a negative recommendation and that this skill is available in RSA."

Has anybody got any luck on appeal against this? Further, why does the labour department gives go ahead for applying visa when they have actually given negative confirmation? Just for receiving the visa fees?


----------



## libtuk

Hey, Thanks for sharing these links.


----------

