Short-term work authorisation restricted to 180 days per year
The Department of Home Affairs (DHA) has issued a directive, restricting short-term work on a Visitor’s Visa in terms of Section 11(2) of the Immigration Act, to a maximum of 180 days per calendar year.
The visa may only be applied for once in a calendar year and only extended once for a period not exceeding three months. When applying for an extension, the DHA will calculate to ensure that the applicant does not exceed 180 days in South Africa in any given calendar year.
Foreign nationals who have already obtained a 90-day Section 11(2) work authorization followed by a three-month renewal should expect that they will not qualify for another renewal within the same calendar year.
It is important to know that a holiday/business visa may not be used to render employment services in South Africa. To render employment services in South Africa, an employee must be in possession of a valid short-term work visa.
Companies relying on short-term work visas for more than 180 days per year may need to find alternative visa categories, such as the intra-company transfer work visa or critical skills work visa.
The consequences of employees working on a holiday/business visa could result in the arrest and deportation for the foreign national and a fine and/or arrest for the employer.
The following documentation or statements are required for the authorization of a visa for short-term work:
- Purpose or necessity of the work
- Nature of the work
- Qualifications and Skills required for the work
- Duration of the work
- Place of work
- Duration of the visit
- Proof of remuneration or stipend that the foreigner will receive from the employer
- Identity and contact details of the prospective employer or relevant contact person from the workplace
Contact our legislation team at email@example.com if you require any additional information.
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