# What permit for working remotely?



## ceyates (May 23, 2014)

Hi,
My wife and I, USA citizens, are excited about her new job working for a US University doing research for a year or two in Johannesburg. My employer, another US University, is amenable to having me work for them remotely, but requests reassurance that I am legally entitled to work in South Africa. My wife's employer has indicated that they will be getting permits for both of us. What sort of permit should they get for me? None of those issued by South Africa seems to clearly fit my situation.

Thanks for any advice,
Charles


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## LegalMan (Dec 26, 2012)

Two questions:

- How "legal" do you want to be? That is, if you came on a 14 day holiday as a tourist with a one hour business meeting in between, would your conscience survive using a tourist visa?
- Where and in what currency will you earn and use you money?

Your wife's employer cannot get you any type of visa other than an Accompanying Spousal Visa (type of Relative's Permit). Unless of course they mean paying for legal services for your own visa, whatever it may be.


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## arranhare (Apr 26, 2014)

*Permit*

I'm just relocating, having been through the process I don't see how your wife's employer will be able to get you a permit too. My wife is in a similar position she wants to offer services to clients in the UK while in SA, it seems a grey area and despite pressing my employer has been unwilling or unable to get her anything other than a spouse's permit. Even to do voluntary work in SA one needs a permit. I'll be interested to hear what final advice you get.


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## ceyates (May 23, 2014)

Thanks for your reply. I appreciate your insights. Here are the answers to your questions:


> - How "legal" do you want to be?


I don't mind bending the rules provided their spirit is respected. My employer's global HR department seems more interested in the letter of the law. I was hoping to find an easy way forward to satisfy them.



> - Where and in what currency will you earn and use you money?


I would be paid in US dollars automatically deposited in a US bank earned for work provided for and used by my employer in the US. We intend to use a portion of my income for living expenses, but if it makes a difference we could use savings instead of that portion.



> Your wife's employer cannot get you any type of visa other than an Accompanying Spousal Visa (type of Relative's Permit). Unless of course they mean paying for legal services for your own visa, whatever it may be.


They may create a volunteer position for me on my wife's project and provide a visa on that basis. I'm not sure that would be legal enough for my employer. It is clear that I have to have more communications with my employer's HR people.

thanks again, Charles


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## LegalMan (Dec 26, 2012)

Perhaps the best option now is to apply as a researcher in your own right. With the new regulations being in effect since Monday your wife would get a Section 11(e) as a researcher and you cannot actually receive an Accompanying Spouse Visa based on her having this.


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## ceyates (May 23, 2014)

LegalMan said:


> Perhaps the best option now is to apply as a researcher in your own right. With the new regulations being in effect since Monday your wife would get a Section 11(e) as a researcher and you cannot actually receive an Accompanying Spouse Visa based on her having this.


Just a quick update on the outcome of my situation. It turns out that my employer has a presence in South Africa. Its Global HR department is aiding me in getting an Intra-company Transfer work permit, as advised by the consulate in Los Angeles. Things have worked out well, and for that I feel quite fortunate. The permit application process is well under way and I expect to be living and working in Johannesburg in October. Sadly my circumstance is unique and my experience not much help to anyone else.


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