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Intra Company Work Visa / Permit South Africa
An intra company work transfer is designed to allow the flow of personnel from a company’s operations outside of South Africa to its South Africa operations.
S19(5) of the Immigration Act 13 of 2002 provides for a work permit (intra company transfer) which allows aboard-based companies to transfer staff to their affiliate-, partner, subsidiary or head companies in South Africa for a limited period of time (2 years)*.
Candidates, who are transferred (seconded) to conduct work for the South Africa entity, will remain employees of the company abroad, which continues to pay the salaries and benefits to the candidates while these are working in South Africa**.
The requirements for an application submitted at the Department of Home Affairs in South Africa or at the South African embassy in your country include, among other things, documentation proving the actual employment relationship between the candidate(s) and the non-South African entity, as well as documentation from both companies supporting the transfer (secondment) of the candidate(s).
* The validity period of an Intra Company Transfer work permit is 2 years only, and cannot be extended. Although the Immigration Act was amended in 2007 to allow for an extension by another 2 years (4 years in total) the Amendment Act has not been implemented yet, and it remains uncertain when applications for extensions will be accepted.
There are, however, a number of options open to candidates who wish- or are required to continue working in South Africa after the 2 year period. Yet as these options depend greatly on the individual’s circumstances, we suggest that you contact us to discuss your personal options in detail.
** As the candidates will continue to receive their salaries in the country in which they are employed yet will conduct work in South Africa, there are bound to be questions regarding taxation and transfer of funds. Intergate can assist you and your candidate in determining taxation needs, requirements and obligations.
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