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What happens if you are still employed on a legal Quota Work Permit?
New immigration regulations have seen the end of the South African Quota Work permit, but some foreign nationals are still employed in South Africa on a legal Quota Work Permit.
Quota Work Permit Reporting
Important notice to all Quota Visa Holders - Our detailed blog explains how all Quota Work Visa holders can submit annual reports to DHA.
Free Assessment for Quota Work Visa holders - Read our indepth blog about receiving a "Free Assessment".
Employees employed with this rescinded visa will be allowed to continue using the document until its official expiration date after which they would be expected to apply for a South African Work Permit or Critical Skills Visa. Essentially it would mean that South African Embassies and the Department of Home Affairs will no longer issue new visas under the Quota work permit. Holders of this visa will thus not be able to apply for a renewal of their existing visa but would have to apply for a South African Work Permit or the Critical Skills visa by which applicants’ occupations must be listed as a Critical Skill in South Africa.
The basic criteria for the South African Work Permit is similar to that of the Quota Work visa but can be applied across a wider range of employment types. Applicants must still be able to produce a contract of employment and meet the requirements set out by the Department of Home Affairs which includes, but is not limited to:
• Original passport
• Appointment Letter
• Passport valid for no less than 30 calendar days after expiry of the intended visit. A passport copy is required while submitting the application
• A medical report
• Unabridged birth certificate
The applicant’s employer will also have to supply a written undertaking accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary and that they will ensure that the employee’s passport remains valid while in their employ.
With all this in place the employer will also be expected to confirm that despite a diligent search, the prospective employer has been unable to find a suitable local candidate with qualifications or skills and experience equivalent to those of the applicant. Particulars of the position including remuneration, a contract of employment and a detailed job description would also be sought upon application.
The applicant may also be expected to provide proof of their qualifications and have it submitted to SAQA for evaluation.
Employees who have been granted a Critical skills Visa will enjoy;
• Freedom of movement between employers.
• No need for the Department of Labour to further scrutinize your application
• Direct route to permanent residency
• 5 years multiple entry work visa
Confirm if your occupation is listed on the Critical Skills List - New Critical Skills Visa List of Shortage Occupations for South Africa