# Work permit after spouse visa



## ScottishLady (Oct 21, 2010)

Hi

I have been in South Africa for 3.5 years on spouse visa (husband is South African). I have tried applying for work but got refused as I do not have a work permit.
I have researched and even went to home affairs to ask if I could apply for a work permit without losing the 3.5 years so that I could apply for my permit resident in year 5, but with no luck! 

Does anyone know if I could do that?


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## LegalMan (Dec 26, 2012)

Simply put, you cannot work on a Relative's (Spousal) Permit. However, with a signed job contract you can apply for a Work Endorsement on your Relative's (Spousal) Permit. Your permit will change to a Section 11(6) and you can work (and actually also apply to open a business and study as well). Since you are the spouse of a South African, the law states that you must have be afforded the same benefits that he/she has (except voting rights).

The reasons most companies don't hire foreigners are:
1. They don't know that/how it can be done.
2. They are concerned about the long wait for your permit to be approved before you can legally work.
3. Foreigners do not meet any EE requirements (hiring previously disadvantaged individuals).

Hope this helps.


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## ScottishLady (Oct 21, 2010)

Thanks Legalman for your quick response.

I just wanted to check few things:

- Would the change of the status of my temporary permit (from relative to spouse with work permit) affect my application when I apply for my PR?

- If I was to change jobs later would I need to re-apply to change the status to state my new employer or is it safe to say that once you can work then nothing needs to be done?

- When can I apply for my PR? I have read in previous posts that it can take from 12-24 months! so would you say I can apply for my PR and spouse with work permits at the same time since I only have 1.5 years to go??

Thanks so much for your time.


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## LegalMan (Dec 26, 2012)

*Work Permit in South Africa*



ScottishLady said:


> Thanks Legalman for your quick response.
> 
> I just wanted to check few things:
> 
> ...


1. When you apply for PR later, it doesn't matter.
2. For each new employer, you will need to change the work endorsement, so yes. To avoid this, you would need a Quota or Exceptional Skills Work Permit.
3. PR takes 12 - 18 months in my experience, yes. You cannot apply for PR until you have qualified - you cannot apply for it in advance.

For now, you need to focus on getting a signed work contract, and preferably one that has no end date.


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