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Corporate Worker Certificate

South AfricaWork

Explore the five recorded questions, answers and sources for this pathway.

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What type of worker, employment situation, occupation or professional activity is this pathway actually designed for?

The corporate worker certificate is the individual authorisation issued to a foreigner employed under a South African company's corporate visa. The company, not the worker, applies first: the corporate applicant must prove the need to employ the requested number of foreigners and obtain a Department of Labour certificate confirming that, despite diligent search, it was unable to find suitable citizens or permanent residents to occupy the position available in the corporate entity, together with the job description and proposed remuneration in respect of each foreigner. The Director-General may then issue authorisation certificates to employ corporate workers, and the worker applies for the corporate worker certificate itself. It is therefore a route for bulk, employer-led recruitment into named positions, not an open work visa.

See recorded sources
Limits of the record
  • The captured source does not restrict the route to any sector, nor state how the number of foreigners needed is assessed.
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

Does the applicant need a job offer, employer, sponsor, transfer relationship or other employer involvement? What is important about that employer relationship?

The corporate applicant carries the whole compliance burden. It must show registration with the South African Revenue Service, the Unemployment Insurance Fund, the Compensation Fund for Occupational Injuries and Diseases and the CIPC where legally required; undertake to inform the Director-General if any foreign employee stops complying with the Act or the visa conditions, leaves its employ, or is employed in a different capacity or role; and give a written undertaking to pay the deportation costs of any foreign employee. It must prove that at least 60% of the total staff complement employed in the operations of the business are citizens or permanent residents employed permanently in various positions, both at application and at any time during the visa. It must keep the foreigner's passport valid at all times, employ the foreigner only in the specific position for which the visa was issued, ensure departure on completion of the employment contract, and return the completed certificate to the Director-General within 30 days after the termination date of the corporate worker's employment contract. The worker's own application requires a valid employment contract and the corporate applicant's authorisation certificate.

See recorded sources
Limits of the record
  • The captured source does not state the amount of the financial guarantees required of the corporate applicant; they are determined by a separate Ministerial notice in the Gazette that was not captured in this run.
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

What are the few decisive professional characteristics of the pathway: occupation, qualifications, experience, salary, skill level, shortage status, labour-market condition or equivalent?

What decides the individual worker's certificate is documented capability plus the employer's authorisation. The application must be accompanied by a valid passport, the applicant's biometrics, the authorisation certificate issued to the corporate applicant, a valid employment contract, a written undertaking by the corporate applicant that the foreigner will depart on termination of the contract or accepting responsibility for deportation costs, the general documents required by regulation 9(1)(b), (c) and (f), proof of qualifications evaluated by SAQA and translated by a sworn translator into an official language of the Republic or skills and experience in line with the job offer, and a certificate of registration with the professional body, council or board recognised by SAQA under the National Qualifications Framework Act. The labour-market test and the remuneration comparison happen at the corporate level: the Department of Labour certificate must confirm 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.

See recorded sources
Limits of the record
  • The captured source does not state any minimum salary figure, points score or occupation list for this route.
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

What work does the permission allow? Is the holder tied to an employer, occupation or sector? Can family accompany where clearly established?

A corporate worker may work only for the corporate applicant and in the specific position for which permission was issued. The company must ensure continuing compliance, departure when the employment contract ends, and notify the Director-General immediately where non-compliance is suspected. The May2024 spouse/child visitor accompaniment list names specified Act sections but omits section21 corporate visas, so that provision does not establish an accompanying-family entitlement for this corporate-worker route.

See recorded sources
Limits of the record
  • No corporate-worker-specific spouse or dependent permission and associated rights are demonstrated. Generic family application documents do not establish eligibility for that permission.
  • https://www.dha.gov.za/images/PDFs/ImmigrationRegulations2014-Updated2018-compressed.pdf
    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. [Subreg. (1) substituted by GN R1328 of 29 November 2018 (wef 1 December 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.
  • https://www.gov.za/sites/default/files/gcis_document/202405/50675rg11704gon4847.pdf
    (c) to accompany the holder of a visa issued in terms of sections 11, 13, 14, 15, 17, 18, 19, 20 or 22 of the Act: Provided that such a foreigner must be the spouse or child of the holder of such visa; or

How long is the permission normally granted for, how is it renewed, and what longer-term residence direction exists if officially stated?

The corporate visa may last at most three years. Employer authorisation certificates and the individual corporate worker certificate may not exceed its validity. The May2024 amendment to regulation20(9)(h) applies where professional registration is legally required: submitting only proof of an application for registration leads to a maximum12months; proof of the registration certificate permits the period in20(8)(a). The amended clause calls this a corporate visa within the corporate-worker application subsection. A corporate worker may neither renew the certificate nor change status in South Africa. The company must return the completed worker certificate within30days after the employment contract ends.

See recorded sources
Limits of the record
  • The documents do not set out whether or when a fresh application from abroad is available, or a dedicated permanent residence/citizenship path. The precise amended corporate-visa terminology is retained.
  • https://www.dha.gov.za/images/PDFs/ImmigrationRegulations2014-Updated2018-compressed.pdf
    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. [Subreg. (1) substituted by GN R1328 of 29 November 2018 (wef 1 December 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.
  • https://www.gov.za/sites/default/files/gcis_document/202405/50675rg11704gon4847.pdf
    Amendment of regulation 20 of Regulations 6. Regulation 20 of the Regulations is hereby amended by the substitution in subregulation (9) for paragraph (h) of the following paragraph: “(h) proof 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, if such registration is required by law: Provided that in the case of submission of— (i) proof of application for a certificate of registration, the corporate visa may be issued for a period not exceeding 12 months; or This gazette is also available free online at www.gpwonline.co.za 8 No. 50675 GOVERNMENT GAZETTE, 20 MAY 2024 {ii) proof of a certificate of registration, the corporate visa may be issued for a period referred to in subregulation (8)(a);”.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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