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Immigration Act, 2002 (Act No. 13 of 2002)

Regulations

Immigration Regulations, 2014

20. Corporate visa

 

(1) An application for a corporate visa shall be made on Form 13 illustrated in Annexure A and accompanied by—
(a) proof of the need to employ the requested number of foreigners;
(b) a letter issued to the corporate applicant by the Department of Labour to the effect that a certificate has been issued to the Department confirming―
(i) that despite diligent search, the corporate applicant was unable to find suitable citizens or permanent residents to occupy the position available in the corporate entity;
(ii) the job description and proposed remuneration in respect of each foreigner;
(iii) that the salary and benefits of any foreigner employed by the corporate applicant shall not be inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the Republic;
(c) proof of registration of the corporation with the—
(i) South African Revenue Service;
(ii) Unemployment Insurance Fund;
(iii) Compensation Fund for Occupational Injuries and Diseases; and
(iv) Companies and Intellectual Properties Commission (CIPC), where legally required;
(d) an undertaking by the employer to inform the Director-General should any foreign employee not comply with the provisions of the Act or visa conditions or no longer be in the employ of such employer or be employed in a different capacity or role; and
(e) a written undertaking by the corporate applicant to pay the deportation costs of any foreign employee accepting responsibility for the return costs related to the deportation of the foreign employee, should it be necessary.

[Regulation 20(1) substituted by regulation 8 of Notice No. R. 1328, GG 42071, dated 29 November 2018]

 

(2) The applicant for a corporate visa must provide proof that at least 60% of the total staff complement that are employed in the operations of the business are citizens or permanent residents employed permanently in various positions.

 

(3) At any time during the duration of the visa, the holder of a corporate visa must provide proof that at least 60% of the total staff complement that are employed in the operations of the business are citizens or permanent residents employed permanently in various positions.

 

(4)        The departments contemplated in section 21(2) of the Act are—

(a) the Department of Trade and Industry; and
(b) the Department of Labour.

 

(5) The relevant corporate applicant shall, as contemplated in section 21(2)(a)(i) of the Act, ensure that—
(a) the passport of the foreigner is valid at all times;
(b) the foreigner is employed by the corporate applicant to conduct work for the corporate applicant only in the specific position for which the visa has been issued;
(c) such foreigner departs from the Republic upon completion of his or her contract of employment;
(d) any foreigner employed in terms of the corporate visa at all times complies with the—

(i)        provisions of the Act; and

(ii)        terms and conditions of the corporate visa and of the corporate work certificate;

(e) the Director-General is immediately notified if there is reason to believe that the foreigner is no longer in compliance with the provisions of the Act; and
(f) the financial guarantees by the corporate applicant to defray deportation and other costs should the corporate visa be withdrawn, or certain foreigners fail to leave the Republic when no longer subject to the corporate visa, are complied with.

 

(6) In order to comply with subregulation (5)(c), the corporate applicant shall return the completed certificate contemplated in subregulation (5)(d) to the Director-General, within a period of 30 days after the termination date of the corporate worker's employment contract.

 

(7) The financial guarantees contemplated in section 21(2)(b) of the Act shall be as determined from time to time by the Minister by notice in the Gazette.

 

(8) The Director-General may issue to the corporate applicant—
(a) a corporate visa for a period not exceeding three years on Form 14 illustrated in Annexure A; and
(b) authorisation certificates to employ corporate workers, in terms of the corporate visa contemplated in paragraph (a), for a period not exceeding the validity period of the corporate visa.

 

(9) An application for a corporate worker certificate shall be accompanied by—
(a) a valid passport of the applicant;
(b) biometrics of the applicant;
(c) the certificate contemplated in subregulation (8)(b);
(d) a valid employment contract;
(e) a written undertaking by the corporate applicant to ensure that the foreigner departs from the Republic upon termination of his or her contract of employment or accepting responsibility for the return or costs related to the deportation of the foreigner should it become necessary;
(f) the documentation contemplated in regulation 9(1)(b), (c) and (f);
(g) proof of qualifications evaluated by SAQA, and translated by a sworn translator into one of the official languages of the Republic, or skills and experience in line with the job offer; and
(h) a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act.

 

(10) The Director-General may issue to the corporate worker employed by the holder of a corporate visa contemplated in subregulation (8) a corporate worker certificate for a period not exceeding the validity period of the corporate visa.

 

(11) A corporate worker may not renew his or her corporate worker certificate or apply for a change of status in the Republic.