How does BEE affect your chances of getting a work visa in South Africa?
On February 23, 2014 / Leave a comment
South Africa is renowned for its history and how it overcame apartheid. BEE is a system that was implemented to rectify the social and economic inequalities that apartheid left behind. In a practical sense, companies have to be BEE compliant by employing a certain number of individuals from previously-disadvantaged groups (Black, Coloured, Indian) for which they are scored.
Despite the BEE codes, South Africa is still very open to employing foreign nationals. South Africa is an emerging economy and many international companies are setting up offices here. Many local companies are expanding globally and therefore require staff that are able to speak foreign languages such as German, French, Spanish, Italian, Scandinavian as well as other languages.
BEE in South Africa
As a foreigner wanting to work in South Africa, you can be assured that certain visas are not affected by these BEE codes. Many companies in South Africa are keen to utilise and gain the expertise of foreign nationals. At the same time, as a foreign national, you can gain experience in your field of work within South Africa while enjoying the lifestyle and beauty of the country and its people.
It is important to know what the right visa is for you as a foreigner to ensure the best possibility for employment in South Africa.
With the quota work permit, certain skills and qualifications are considered scarce in South Africa. If you have a skill listed under this quota skills list, you could apply for this visa. No contractual agreement is necessary and the company employing the foreigner does not need to advertise the position. Each industry skill has been assigned a certain number of foreigners allowed to work in South Africa within that sector. For a list of professional categories within the quota work permit follow the link provided. Proof of employment must be made available to the Department of Home Affairs within three months of employment.
An intra-company transfer work visa allows foreign nationals to be transferred within their company between countries but is only valid for 2 years with no extension.
In today’s global economy, many skills available abroad, are increasingly sort after by local and international companies based in South Africa. Particularly business process outsourcing companies experience difficulties finding the necessary qualifications and skills locally. Corporate work visas assist foreign nationals who have special language skills or unique skills required by South African companies. With this visa companies can hire foreign nationals with the special skills they need for a specified period. South African immigration laws provide certain rules regarding corporate visas.
In order for companies to apply for a corporate work permit to secure their intake of foreign nationals in the future, companies have to fulfill certain requirements, such as:
- Number of employees required
- Employment period
- Job description
- Remuneration on offer
This information is required to ascertain whether there is no South African who is capable of fulfilling that specific role in the company.
The business visa is a viable option for foreign internationals who are entrepreneurs or investors. If you are a foreigner starting a new business in South Africa, a foreigner taking over an existing business in South Africa or a foreigner investing in a local South African business, then this visa is for you. Applicants for the business permit visa must have a minimum investment of R2,5 million. In addition, a business plan outlining the feasibility of the business must be included. For tax reasons, the company must be registered with the South African Revenue Service. At least 5 permanent residents and/or South Africans must be employed permanently by the company which does not require BEE compliance.
The business visa is valid for 24 months provided that the nature of the business is clearly defined. Thereafter, the business visa can be extended for another 2 years before applying for permanent residency whilst the company maintains its initial capital investment.
In order to make the correct decision regarding your visa application to work in South Africa, it is important to assess your individual needs and skills requirements.
To apply for your visa or for more information about these and other work visas available in South Africa, please visit the Initiate Immigration work permits page.
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