General Work Visa — Points-Based System

(2) A general work visa may be issued by the Director-General to a foreigner not falling within a category contemplated in subsection (4) and who complies with the prescribed requirements.

I, Dr L.A. Schreiber, MP, Minister of Home Affairs, have, in terms of sections 19(2) and (4) of the Immigration Act, 2002 (Act No. 13 of 2002), read together with regulation 18(12) and (13) of the Immigration Regulations, 2014, and after consultation with the Immigration Advisory Board, determined the points-based system, applicable to general work visas and critical skills work visas as follows: -

If the 100-point threshold is reached through a combination of points other than through an occupation contained on the critical skills list, and provided all other prescribed requirements are met, the applicant may be issued with a general work visa.

(3) An application for a general work visa shall be accompanied by- (a) a letter issued to the prospective employer by the Department of Labour to the effect that a certificate has been issued to the Department confirming that-

(ii) the applicant has qualifications or proven skills and experience in line with the job offer;

(iv) the contract of employment stipulating the conditions of employment, signed by both the employer and the applicant, is in line with the labour standards in the Republic and is issued on condition that the general work visa is approved;

(c) full particulars of the employer, including, where applicable, proof of registration of the business with the Commission on Intellectual Property and Companies (CIPC);

(d) an undertaking by the employer to inform the Director-General should the applicant not comply with the provisions of the Act or conditions of the visa; and

(1) An applicant for a general work visa, critical skills work visa or intra-company transfer work visa shall submit- (a) a written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependant family members, should it become necessary; and

(2) The employer shall ensure that the passport of his or her employee is valid at all times for the duration of his or her employment.

Employment Offer from Trusted Employer 30 status:

Qualifications: NQF levels 9 and 10 50 NQF levels 7 30 and 8

Offer of Above R976,194 gross per annum 50 Between 20 employment R650,976 and (Mandatory): R976,194 gross per annum

Work experience: 5 – 10 years 20 10+ years 30

Language skills: Proficient in at least one official 10 language

NB: An applicant must meet all other prescribed requirements (for example, police clearance, medical report, etc.) for a critical skills work visa or general work visa, and must earn 100 points to obtain a visa.

(i) despite a diligent search, the prospective employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experience equivalent to those of the applicant;

(iii) the salary and benefits of the applicant are not inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in the Republic; and

(b) proof of qualifications evaluated by SAQA and translated by a sworn translator into one of the official languages of the Republic;

(9) In terms of section 19(5) of the Act, the relevant employer shall ensure that- (a) a foreigner is only employed in the specific position for which the visa has been issued;

(b) the foreign employee will at all times comply with the provisions of the Act and conditions of his or her visa and undertakes to immediately notify the Director-General if the employee refuses to comply with the provisions of the Act or conditions of the visa; and

(c) a plan is developed for the transfer of skills to a South African citizen or permanent resident.

(e) an undertaking by the employer to inform the Director-General upon the employee no longer being in the employ of such employer or when he or she is employed in a different capacity or role.

(4) A general work visa shall be issued for a period not exceeding five years.

Subject to section 25 and any prescribed requirements, the Director-General may issue a permanent residence permit to a foreigner who-

(a) has been the holder of a work visa in terms of this Act for five years and has proven to the satisfaction of the Director-General that he or she has received an offer for permanent employment;

(5) An applicant who applies for a permanent residence permit in terms of section 26(a) of the Act shall submit proof of a work visa contemplated in section 19 of the Act, for a continuous period of five years.