All persons who are not South African citizens or permanent residents of South Africa, and who wish to take up employment in South Africa, require a work permit in order to do so.

The Department of Home Affairs will consider an application for a work permit on submission of an offer of employment in a confirmed position from a recognised organization.

The objectives of the State in instituting the provisions of the Immigration Act, No.13 of 2002 are to ensure that South African citizens and permanent residents are not disadvantaged in their quest for employment by the employment of foreign workers, and that the cost of repatriating foreign workers will not be borne by the State.

Procedure

On acceptance of a permanent or contract (T2) appointment, the prospective staff member will be contacted by a registered Immigration Practitioner contracted to UCT, who will confirm which documents are required for the application, will collate same, and submit the application and supporting documents either to the nearest South African Embassy or Consulate if the member resides outside of South Africa, or at the Department of Home Affairs if the staff member resides within South Africa, for processing. The application can take two to three months to be processed, but is usually a thirty day process from the date of submission. The applicant should not make any steps towards taking up employment in South Africa until such time as they have been informed in writing that the work permit has been approved.

The onus is on the staff member to extend their temporary residence whether it is a work, study or visitor's permit prior to the expiry date. The application for renewal should be submitted not less than 30 days prior to the expiry date of the permit.

The University will meet the cost of the work permit and renewals for certain categories of staff. This only applies to senior administrative staff and academic staff on T2 and permanent appointments. The University will also meet the cost of temporary residence permits for spouses of prospective staff members in the above categories and study permits for their children. Prospective staff members living outside of the country will be required to meet the cost of the permits upfront but will be refunded when they take up the appointment at the University. Cost for staff in other categories will be met by the staff member or in some instances by the department.

The current legislation states that you cannot be issued with a work permit and study permit at the same time. Approval has however been granted to UCT by the Department of Home Affairs for the holder of an exceptional skills work permit at UCT to study towards a PhD at the same time.

The University as an employer agrees to pay repatriation costs in the event of deportation only. The University will not be responsible for the payment of repatriation costs under any other circumstances.

Types of work permits

Quota work permit

This applies to a list supplied by the Department of Home Affairs of quotas for skilled staff allowed to work in South Africa, e.g. staff with postgraduate qualifications and five years experience in one of the categories. Quota work permit applications do not require an advertisement.

Exceptional skills work permit

In most cases UCT applies for an exceptional skills work permit for academic staff. This does not apply if the prospective staff member does not have publications, which is a requirement of this type of work permit. An exceptional skills work permit does not require an advert.

General work permit

An advertisement is required for this type of permit unless the position is considered as senior management.

Positions need to be advertised in a national newspaper and need to be a specific size (60mm x 60mm). Adverts may not be older than three months from the date of the advert to the date the application is lodged with the Department of Home Affairs. It is however possible to apply to the Department of Home Affairs for a waiver of this condition. This is available at a cost though via the Immigration Practitioner, and could delay the application until approval is received.

It is a requirement of the Department of Home Affairs that the qualifications for those prospective staff members applying for a general work permit are verified. The verification process is done with SAQA via the Immigration Practitioner.

Important note:

All applications for the extension of a work permit must be lodged at the Department of Home Affairs 30 days prior to the expiry of the permit. This includes the permits of the staff member's family.

Permanent residence

Once a staff member has taken up their appointment at UCT and the post which they have been appointed to is permanent, application may be made for permanent residence (immediately in the case where the staff member is the holder of an exceptional skills work permit, or after five years if the staff member is the holder of a general work permit). In order to apply, the staff member must be in possession of a valid work permit. When making application, the importance of correct completion of the documentation cannot be over emphasized.

Should you wish to apply for permanent residence it is recommended that you make contact with the Appointments Office so that a referral can be made to the university’s Immigration Practitioner, who will assist with providing the necessary documentation and submitting the application. The application needs to be made in person at the Department of Home Affairs and the applicant and all family members included in the application need to be present, together with the Immigration Practitioner. The permanent residence process is long (approximately 12 – 18 months), and you need to ensure that your work permit is kept valid throughout.

The University will meet the cost of the application (for certain categories of staff) but will not meet other miscellaneous costs associated with the application.

The University as an employer agrees to pay relocation costs in the event of deportation only. The University will not be responsible for paying relocation costs under any other circumstances.

Processing of appointments

Appointment of persons who are neither South African citizens nor permanent residents of South Africa cannot be processed unless a work permit (valid for the period of employment) accompanies the take-on forms (HR100a/b/c) applicable to the appointment.

Page last updated: 20 March 2012

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