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In continuation of our discussion on immigration consideration when seconding employees to key African jurisdictions, in this edition, we consider the Republic of South Africa (South Africa).

South Africa's corporate immigration framework

The Immigration Act, 2002 (the Act) came into effect on 7 April 2003. The Act has been amended on various occasions, and has most recently been supplemented by the regulations contained in the Immigration Amendment Act, 2014 which came into effect on 26 May 2014 (the Regulations).

The purpose of the Act and the Regulations is to regulate employment of foreign nationals in South Africa.

Which visa is required?

A foreign national who wishes to work in South Africa needs to obtain the appropriate temporary residence visa.

The foreign national may apply for a visa at the South African diplomatic representative in their country of origin. The foreign national can also apply at a South African diplomatic representative in a neighbouring country if there is no South African diplomatic representation in their country of origin.

The visa is issued by the Director-General of the Department of Home Affairs (DHA) (Director-General).

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