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 African operations.
S19(5) of the Immigration Act 13 of 2002 provides for a work visa (intra company transfer) which allows abroad-based companies to transfer staff to their affiliate-, partner or subsidiary in South Africa for a limited period of time (4 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 visa is 4 years only, and cannot be extended.
There are, however, a number of options open to candidates who wish to or who are required to continue working in South Africa after the 4 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.