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  Immigration, Business & Work Permits

Nelson Mandela Bay Municipality

The Aliens Control Act of 1991 prescribes that the application for work permits must be made in the applicant’s country of origin or residence before entering South Africa. The application should be lodged with the South African diplomatic mission nearest to the place where the foreigner is residing. Provision is made for the issue of a work-seeker’s permit should the applicant wish to first seek employment in South Africa before formally applying for a work permit. As in the case of a work permit, application should be made from outside the Republic. Work permits are issued for twelve months only.

Conditions and requirements for permits according to the Immigration Amendment Act, 19 of 2004: 

BUSINESS PERMIT 

A certificate from a registered chartered accountant (South Africa) is a fundamental requirement for an application and this should show the following:

•       At least R2,5 million in cash;       

•       Capital contribution of at least R2,5 million;        

•       At least R2 million in cash and a capital contribution of R500 000 originating from abroad;

•       Business plan outlining short and long term  feasibility;        

•       Proof of undertaking to employ at least five South African citizens/residents; and           

•       Undertaking to register with the South African Revenue Services and proof of registration   with a relevant body, board or council.

The validity period of a business permit can be determined by the extent of sustainability of the business (but not less than 24 months); and for as long as the holder submits proof every 24 months to show that he/ she continues to qualify for the permit. In addition, the family of a business permit holder may be issued with appropriate permits.

 WORK PERMIT

A quota work permit may be issued to a foreigner who falls within a specific professional category or occupational class.  The determining factor for quotas is the scarcity of the skills in South Africa. The application must be accompanied by a confirmation of qualifications and proof of compliance/registration requirements with a relevant professional body.

 On the other hand, the general work permit is determined by the following:  

  • Signed contract of employment; 
  • Proof of qualifications evaluated by South African Qualifications Authority (SAQA);
  • Proof of experience and skills in line with job offer;        
  • Testimonials from previous employers and comprehensive curriculum vitae;   
  • Motivational letter stating why South African citizens/residents could not fill    the position including particulars of successful candidates;
  • Letter of motivation indicating how one’s exceptional  skills will benefit the South African environment where one intends to operate;
  • Proof of  advertisement  in national print media;
  • If required by law proof of registration with relevant body, council or board;       
  • Full particulars of employer, including (if applicable) proof of registration with Registrar of Companies; and
  • Certification from the Department of Labour or bench-marking organization stipulating the average salary earned by employees occupying similar positions.
INTRA-COMPANY TRANSFER PERMIT

The requirements for the intra-company transfer permit include the following:
  • Contract of employment with company abroad;
  • A foreigner must submit letter from company abroad as well as in South Africa confirming the transfer; and
  • Confirm that the South African company does exist, that the nature of business is similar, or the occupation applied for is the same as abroad.
FUNDAMENTAL REQUIREMENTS FOR BOTH TEMPORARY AND PERMANENT RESIDENCE
  • Police clearance;
  • Medical and radiological reports in respect of each applicant (not applicable to minors under 12);
  • Yellow fever vaccination certificate if applicant(s) traveled or intends traveling from or through a yellow fever endemic area; and  
  • Valid passport, if required, a valid visa.
DIRECT RESIDENCE 

The direct residence permit may be issued to a foreigner who:
  • Has been a holder of a work permit for 5 years and offered permanent employment;
  • Has been a spouse of a citizen/permanent resident and must be in a good spousal relationship for a period of five years prior to application;
  • Is a child of a citizen; and
  • A foreigner who is a spouse of a citizen/permanent resident may be issued a visitors permit.
RESIDENCE ON OTHER GROUNDS

Residence may be issued to a foreigner:
  • Of good and sound character (determined through police and security reports);
  • Who receives an offer for permanent employment;
  • Who possesses extra-ordinary skills;
  • Who invests or has invested in South Africa;
  • Who intends to retire in South Africa and has a minimum net worth;
  • Who has been certified to be a refugee indefinitely; and
  • Who is a relative within the first step of kinship.

EXCHANGE CONTROLS 

ARE EXCHANGE CONTROL REGULATIONS IMPOSED IN SOUTH AFRICA?
Yes. These restrict the outward flow of capital and income of South African residents, as well as regulate foreign investment. 

HOW ARE THE EXCHANGE CONTROL REGULATIONS ADMINISTERED?
The commercial banks deal with their day-to-day application as agents of the South African Reserve Bank (SARS, the central bank). More complex matters are referred to SARS itself. 

HOW DO THE EXCHANGE CONTROL REGULATIONS AFFECT FOREIGN INVESTORS?
Foreign-owned entities in South Africa are subject to certain restrictions on their local borrowing (except for ordinary trade credit).

WHEN SHOULD EXCHANGE CONTROL APPROVAL BE OBTAINED?
In general, approval should be obtained in advance of the transaction concerned through a commercial bank in South Africa. However, non-residents may freely trade in securities listed on the Johannesburg Stock Exchange, without approval, using financial Rands.

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Nelson Mandela Bay Municipality useful contacts Business

041 503 7540

RENEWABLE ENERGIES
041 503 7509

041 503 7509

EXPORTHELPDESK
041 503 7549

041 503 7511

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041 503 7517

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041 503 7502

APPLICATION FORMS
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