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The Intra-Company Transfer Work Visa – as explained by the DHA

Foreign nationals, who qualify, may apply for either a general work visa, a critical skills work visa or an intra-company transfer work visa. Selecting the appropriate visa depends on the nature of the work a foreign national plans to undertake in South Africa. As a foreigner it is in your best interest to consult a professional immigration consultancy in this regard. Your employer may also apply on your behalf, and New World Immigration offers clients the best advice available in determining which visa is most suited to your specific circumstances.

The Intra Company Transfer – As Explained By The DHA

An Intra-Company Transfer Work visa may be issued to a foreigner who is employed abroad by a business operating in South Africa in a branch, subsidiary or affiliate relationship. This visa is relatively common and easy to obtain if all the supporting documents are in order, your immigration consultant is the best person to help you with this.

The new immigration act, which came into effect earlier this year now allows for an Intra-Company Transfer Work visa to be issued for four years at a time.

But it is of vital concern to remember that foreign nationals who hold visas under the previous immigration act will still be held to the typical two-year validity of the visa along with whatever other stipulations and conditions might have been made.

Ultimately this means that that only visas processed under the new law would be valid for the new 4-year period.

On 27 October 2014, the Department of Home Affairs issued Immigration Directive 19 of 2014 in order to clarify the operational inconsistencies that were being experienced with regard to the extension of Intra-Company Transfer visas.
In terms of the directive, a foreign national who is employed by a foreign company but transferred to a South African branch, site or office of that company and is currently in possession of this visa, but was issued under the previous Act may apply for the 4-year extension, but would have to re-apply for this visa.

This recent development assists South African employers who wish to retain foreign assignees for longer than two years. Employers should, however, note that they have additional obligations in terms of the Act.

Based on the recent amendments to the Act, an employer who employs a foreign national in terms of an Intra-Company Transfer Work visa must submit an undertaking to ensure that a plan is developed for the transfer of skills to a South African citizen or permanent resident. Employers must use the extended period to ensure that the relevant skills are transferred in accordance with the undertaking.

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