Immigration update: South Africa | Intra-Company Transfer Work Visa

Special concession for Intra-Company Transfer Work Visa holders currently resident in South Africa

On 26 October 2020, by way of the issuance of an Immigration Directive, the Minister of the Department of Home Affairs, Dr Aaron Motsoaledi, announced a temporary visa concession for qualifying holders of Intra-Company Transfer Work Visas to apply for another 24-month Intra-Company Transfer Work Visa.

Who is affected?

This will benefit all holders of Intra-Company Transfer Work Visas that expired during the lockdown, including the current period and to those which will expire by 30 June 2021, who currently reside in South.

Background

The Immigration Act No. 13 of 2002 (as amended) provides for an Intra-Company Transfer Work Visa issued in terms of Section 19(5) to be issued with a maximum validity of 4 years, and it is not renewable from within South Africa beyond the 4-year period.

The Minister of the Department of Home Affairs, in terms of Section 31(2)(c) decided to allow holders of legally issued Intra-Company Transfer Work Visas who are currently residing in South Africa to apply for another 24-month Intra-Company Transfer Work Visa.

Impact

This exemption is applicable to holders of Intra-Company Transfer Work Visas that expired during the lockdown, including the current period and to those which will expire by 30 June 2021; subject to the following conditions:

• Proof that the South African company still requires the services of the Intra-Company Transfer Work Visa holder;
• Proof that Skill Transfer to a South African Citizen or Permanent Residence Holder was completed during the first 4 years of the assignment;
• The Intra-Company Transfer Work Visa application will be considered a new application with no accumulation or continuation of the validity period of the current visa;
• The Intra-Company Transfer Work Visa will not lead towards Permanent Residence; and
• The Intra-Company Transfer Work Visa holder will remain in the employment of the same employer for whom the initial visa was issued and no change of employer, status or condition from current visa will be considered.

How Santa Fe can assist

Santa Fe can support your business with any immigration compliance and advisory issues concerning your expatriate population. We can review current employees’ visas and assist with necessary advice or solutions to ensure ongoing compliance with the South African Immigration Act and Regulations.

We will also keep your business updated on ongoing developments on all South African immigration matters and will advise on any changes requiring your attention.

Should you have any questions, please contact:

Terence Rover
Immigration Manager – South Africa
Santa Fe Relocation
Johannesburg, South Africa
D: +27 (0) 10 442 8933
M: +27 (0) 72 279 9606
E: Terence.Rover@santaferelo.com

Paolo Longo
Regional Immigration Director – India, Middle East & Africa
Santa Fe Relocation
Johannesburg, South Africa
D: +27 (0) 10 595 2337
M: +27 (0) 83 677 7949
E: Paolo.Longo@santaferelo.com

To read more immigration updates, click here

About our Immigration Services

Our immigration services manage thousands of visa applications every year for a multitude of international companies. Our experienced immigration experts and migration agents handle the immigration process for you and provide simple reporting and guidance on immigration matters.