Work Permits in South Africa
General Work Visa
The South African General Work Visa (GWV), governed by Section 19(2) of the Immigration Act, has undergone fundamental reform with the introduction of the Points-Based System (PBS) in late 2024. This new system dramatically streamlines the process by removing previous bureaucratic roadblocks.
The Key Change: Labour Market Testing is Removed
The most critical and welcome update for employers and applicants is the elimination of the time-consuming Department of Labour (DoL) Certificate requirement for qualifying applicants.
New Process (Simplified): The new system waives the DoL requirement for applicants who meet the minimum score under the Points-Based System. This is expected to reduce processing times significantly, now estimated at 2–3 months (8–12 weeks) from the date of application lodgement.
Old Process (Now Defunct): Previously, the prospective employer had to spend months proving to the DoL that no suitably qualified South African citizen or permanent resident could fill the position (Labour Market Testing).
General Work Visa Eligibility: The Points-Based System (PBS)
To qualify for the GWV, an applicant must achieve a minimum score of 100 points based on the criteria below. This system ensures a merit-based, transparent evaluation of the applicant’s contribution to the South African economy.
| Criteria Category | Point Allocation | Key Factors Considered |
| Qualifications | 30 to 50 points | Foreign qualifications must be evaluated by SAQA (South African Qualifications Authority). Higher NQF levels earn more points. |
| Annual Salary (Gross) | 20 to 50 points | Points are awarded based on salary thresholds (e.g., scoring 50 points for compensation above the highest published threshold). |
| Work Experience | 20 to 30 points | Verifiable years of professional experience (e.g., 10+ years earns the highest points). |
| Language Skills | 10 points | Proficiency in at least one of South Africa’s eleven official languages. |
| Employer Status | 30 points | Receiving a job offer from an employer registered under the Department of Home Affairs’ Trusted Employer Scheme (TES). |
Application and Validity
Validity Period
- The GWV is issued for the duration of the employment contract, up to a maximum of five (5) years.
- The holder must adhere to the statutory requirement of submitting proof of continued employment to the Director-General every year after the first six months to ensure the visa remains valid.
Location of Application
- Initial Application: The GWV application must be lodged at a South African Embassy, Consulate, or VFS Global office outside of South Africa (in the applicant’s country of citizenship or permanent residence).
- Renewal: The visa can be renewed or extended from within South Africa (at a VFS Global office) at least 60 days before the current visa expires.
The SAQA Concession (Crucial Flexibility)
The lengthy processing time for the SAQA evaluation is no longer a major bottleneck.
- Temporary Visa: If the final SAQA Certificate of Evaluation has not yet been issued, the applicant can submit proof of having applied to SAQA to obtain a 12-month provisional General Work Visa.
- Extension: Once the final SAQA certificate is received, the visa holder can apply for an extension to complete the remaining duration of the full five-year term.
Recommendation for Applicants: To maximise the chances of securing the full five-year term and achieving the mandatory 100 points, prospective immigrants should start the SAQA evaluation immediately and obtain professional immigration consultation to structure their application correctly under the new PBS criteria.
Intra-Company Transfer Visa
The Intra-Company Transfer Work Visa (ICT) is specifically designed for multi-national companies to transfer an existing employee from a foreign branch, subsidiary, or affiliate to a branch, subsidiary, or affiliate in South Africa. The primary purpose of this visa is the transfer of skills and expertise to South African citizens or permanent residents.
Key Requirements & Duration
| Feature | Accurate Information |
| Visa Duration | An ICT Visa is issued for a maximum, once-off period of four (4) years. |
| Non-Renewable Locally | The visa is not renewable or extendable from within South Africa. |
| Prior Employment | The foreign national must have been employed by the sending company abroad for a period of at least six (6) months prior to the transfer. |
| Skills Transfer Plan | The South African company must submit a measurable Skills Transfer Plan detailing how the foreign employee will transfer their skills to a designated South African citizen or permanent resident trainee(s). This is a statutory requirement. |
| Labour Market Test | No proof of steps taken to obtain the services of a South African citizen or permanent resident is required. The ICT visa exempts the employer from the standard labour market test required for other work visas. |
| Application for New ICT | Should the operational needs of the South African entity require the services of the assignee after the four-year period, an application for a new, subsequent ICT visa must be submitted. This new application must be lodged at the South African Mission in the applicant’s country of origin or of permanent residence. |
Limitations and Change of Status
| Restriction | Accurate Information |
| Change of Status | The holder of an ICT Visa is prohibited from changing their visa status from within South Africa. If the employee wishes to apply for a different visa (e.g., Critical Skills, General Work, or Spousal), they are legally required to depart the country and submit the new application at a South African Mission abroad. |
| Pathway to Permanent Residence | The time spent on an ICT Visa is generally regarded by the Department of Home Affairs as non-qualifying time toward Permanent Residence (PR). However, multiple High Court rulings have challenged this interpretation, suggesting the law does not expressly prohibit an ICT holder from applying for PR if they meet the criteria for a PR category (e.g., Section 26: Worker) through other means. Due to DHA’s official stance, this pathway remains difficult and often requires legal intervention. |
Critical Skills Work Visa
The Critical Skills Work Visa (CSWV) is designed for foreign nationals whose skills are identified as critical or scarce in South Africa. The DHA governs the application process and now operates under a clear, job-offer-based system.
1. Core Qualification Requirements (Mandatory for Application)
To qualify for a Critical Skills Work Visa, a foreign national must meet the following three foundational requirements:
| Requirement | Details and Documentation |
| 1. Critical Skills List | Your specific occupation must be listed on the current, official Critical Skills List published by the Department of Home Affairs. |
| 2. SAQA Evaluation | You must submit the final outcome of the evaluation of your foreign qualification by the South African Qualifications Authority (SAQA), confirming its equivalent NQF level. |
| 3. Professional Confirmation | You must provide a written confirmation from the relevant South African accredited professional body, council, or board (recognized by SAQA) confirming your skills, qualifications, and appropriate post-qualification experience. |
2. Visa Validity and Job Offer Status
A crucial update is that a valid job offer or employment contract is generally a mandatory requirement to be submitted with a new CSWV application.
| Scenario | Visa Issued For | Key Endorsement/Condition |
| With Confirmed Employment | Up to 5 years | The visa is issued for a period not exceeding five years, aligned with the duration of the employment contract. It is endorsed with your employer’s details and your critical skill position. A job offer/contract is required. |
| SAQA Evaluation Pending (Conditional 12-Month Visa) | 12 Months (1 year) | Crucial Exception: The only scenario where a 12-month visa is still granted is if your final SAQA evaluation certificate or professional body registration is pending at the time of submission. In this case, the visa is granted for one year to allow you time to submit the outstanding document(s) and have the visa extended to the full term. A job offer/contract is still required for this initial 12-month visa. |
Take a look at a List of Critical Skills as per the Gazette by the Department of Home Affairs – Critical Skill List
Contact our visa immigration consultants for more information.