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Visa
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Immigration
to South Africa
The
Department of Home Affairs deals with work permits applications
for South Africa. South African authorities have delegated intra
company transfer applications (where the worker is moving within
the same international group) and secondment (where a foreign
firm sends an employee to a client’s site in South African
in accordance with a service contract) to their High Commissions
and Embassies.
How long does it take to get on-site with a South African Work
Permit?
Properly presented applications can be processed in a short time.
It could take a little over a week. Once the application is approved,
the candidate is permitted to travel immediately to South Africa
to start work.
Can a Company apply for a Work Permit to second an employee
to South Africa?
The High Commission issues two types of permits:
1.
Intra Company Transfer
In this criterion, a company requires to fulfil the following
needs -
• It needs to have an
established presence in India and South Africa
• It is imperative that
these two companies must be part of the same international group
• The candidate is deputed
from the Indian office to be employed at the South African office.
2.
Secondments
In
this case, a company from India could send a consultant to its
South African client to install a product or as part of a contract
to provide services to them.
Does the Candidate Qualify to be seconded to South Africa?
There are no explicit criteria relating to the candidate, however
the following items are good rules of thumb by which to judge
whether a candidate would be suitable:
• They must be able to
do the job
• They should have worked
for the company for a minimum of six months at least. This is
essential as most applications are made on the premise of the
candidate having specialist knowledge of the companies operations
How
does one apply for a South African Work Permit?
These applications are quite extensive and it generally involves
producing original signed documents form both the South African
and Indian offices. These applications should be submitted in
the South African High Commission in the country where the candidate
is normally resident.
What is the difference between "body shopping" and
providing a service?
It is not possible to obtain a work permit for a candidate who
is being body shopped, but it is possible for a candidate under
a contract to provide services. The differences are:
• The sponsor must not
be a recruitment agency
• The staff should be
on the payroll and line management of the service provider.
• The services are
above and beyond that of just a contractor
What
elements need to be included in a service contract to ensure that
it is apt for a work permit application?
A provision of service contract needs to include the following
elements:
• A day to day line management
of the consultants remains with the service provider
• Warranted deliverables.
• The service contact
should cover the entire period for which the permit is required.
• It is imperative that
the contract be signed by both the parties on the client headed
paper
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