IBN Consulting & Immigration:

IBN Consulting & Immigration:


Looking for foreign staff? – A brief overview of the current immigration law.

South Africa is a sought after destination for business owners, investors as well as employees who need work permits, in order to take up employment in the Republic. It is possible for almost everybody to reside in South Africa on either a temporary or permanent basis.

Many companies in South Africa and abroad are not aware of all the possibilities that the Immigration Act offers with regard to employing foreign nationals. Besides the general work permit, one has at ones disposal a variety of other work permits, which, depending on the given circumstances, may be applied for.  These include the Intra Company Transfer Work Permit and the Exceptional Skills Permit, both of which are of considerable practical relevance because they are easier, faster and more cost effective to process than a general work permit. For corporations intending to employ larger amounts of foreigners or have fluctuating foreign staff, we recommend the application of a Corporate Permit. The Corporate Permit provides a facility for your company to obtain the permission from Home Affairs to recruit a certain number of foreign employees to fulfill certain roles. There are also a number of foreign nationals who have the intention to come to South Africa to work, but not for longer than six (6) months. These visitors are normally being issued with the short-term Section 11 (2) permit. In other words, a visitor’s permit is issued with the authorization from the Director-General to undertake employment at his / her South African company. 

 

 

On the administrative side of Home Affairs, we have seen a major change during 2010. From 28 May 2010 onwards, all temporary residence applications were sent to Pretoria head office for finalization. The applications must still be submitted at the various district and regional offices, but the centralized unit being referred to as 'The Hub', will process and finalize such applications. This arrangement is still causing huge delays of up to 8 months. However, in the recent past, we have noticed an increase in finalized applications, some of them being processed in less than 3 months. 

 

 

Another major change in 2010 was the introduction of the new Immigration Amendment Bill of end of 2010. It is now tabled in Parliament for public hearings. Proposed changes should come into effect within the first quarter of 2011. 

 

 

Obtaining the relevant residence permit can proof to be a quite some challenge due to the complexity of the applicable immigration laws and regulations as well as the practice itself. It is therefore recommended to seek for professional guidance and assistance well ahead in order to avoid the numerous problems one can encounter during the process, for future life and/ or corporate planning.

IBN Consulting & Immigration is one of the leading investment consultancies and a specialist in immigration matters. IBN is a leading investment consultancy specializing in the establishing and administration of medium sized companies in South Africa. We have offices in Cape Town, Johannesburg and Stellenbosch, from which we are able to optimally service our clients with their immigration, corporate and legal advisory as well as staffing needs. 
 Contact Details: Andreas Krensel |email: krensel@ibn.co.za  |Tel  021-422-2620| Address: 100 New Church Street, Tamboerskloof, Cape Town, South Africa.
 
Immigration Specialist, Investment and legal advise as well as recruitment of personell.
 
All partners have LLM and overseas legal qualifications; We are the preferred network partner of the Austrian and German Chamber of Commerce as well as the Austrian and German Consulate in Cape Town. I believe that should speak for the quality of our service delivery.