# Change ICT to Section 11(6)



## hk85 (Feb 26, 2015)

Hi,

I am currently in South Africa on an ICT Visa.
As I have a permanent offer of my South African employer I need and want to change my visa.
Ideally this is being done from within the country.
We tried option 1 which was change to a critical skills visa which was rejected saying I need to do that change from my home country.

Option 2 is to change to a section 11(6) visa as my wife is South African.

Any advice if that is possible from within South Africa is much appreciated.
According to my knowledge this shouldn't be a problem.

Please note that I require a visa which allows me to work.

Thanks,
Hk


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## Fynbos (Jan 8, 2015)

Hi HK85,

As it stands, it appears that a directive has been issued to prevent a change of status from within South Africa when on an ICT. I say "appears" because there has not been any official change to ordinance, but we've recently encountered several rejections based on those grounds. So I don't mean to be the bearer of bad news, but you'll have to apply from your country of origin. The 11 (6) would likely be the best route for you. 

Kind regards


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## hk85 (Feb 26, 2015)

Thank you Fynbos!
I can confirm that based on the attempt to change to critical skills.

The explanation says:
The applicant is currently on an Intra-Company Transfer visa, the ICT is to facilitate international assignment. When an applicant on an ICT elects to no longer be employed with the company abroad this in effect means, the valid visa in their possession ceases to be valid as a result of abandoning the conditions attached to that visa. In effect this means the applicant may not lodge an application with RSA for a change of status of work visa. The said application has to be lodged abroad in the country of origin or where the applicant permanently resides.

I understand that part - the question is about the work visa...is the 11(6) considered a work visa or a visitors visa?

Thanks again


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## Fynbos (Jan 8, 2015)

Technically it falls within the "Visitor's Visa" category - which is rather nonsensical, but is the reality. It does allow the holder to work however, which is ultimately what counts. So should you be issued with an 11 (6) you would have all the same freedoms as if you were issued a normal work visa. 

Hope that helps.


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## hk85 (Feb 26, 2015)

Thanks! Helps to confirm that a rejection will not be for the same reasons as changing to a visitors visa.

Did you receive rejections for a change from ICT to 11(6) specifically?


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## hk85 (Feb 26, 2015)

Noted, thanks!


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## Fynbos (Jan 8, 2015)

No problem. Give us a shout if you don't come right.


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## LegalMan (Dec 26, 2012)

Hi hk85, 

It depends on whether the company that you have been seconded to is the same company you are staying with to "complete" the assignment. If so, then there shouldn't be any grounds for rejection.


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