South Africa’s Minister of the Department of Home Affairs has decided to allow holders of legally-issued Intra-Company Transfer (ICT) work visas who are currently residing in South Africa to apply for another term of 24 months of their current ICT work visas.1
WHY THIS MATTERS
This should help ease the minds and administrative burdens of employers and their employees with ICT work visas, by giving them additional time – they hadn’t had before – to continue their activities, should they be needed, for an additional 24 months, as long as they are deemed eligible and follow proper application procedures.
More Details
Holders of Intra-Company Transfer work visas who are currently residing in the Republic of South Africa will be eligible to apply for an additional 24 months in respect of their current ICT work visas within South Africa. The waiver will apply to holders of ICT work visas (i) which expired during the lockdown, including the current period and (ii) those which will expire by 30 June 2022.
To qualify for the additional 24 months period, the ICT holder will have to comply with the following conditions:
- Proof that the local entity, branch, or affiliate of the company abroad still requires the services of the ICT visa holder;
- Proof in the form of verifiable documents that the transfer of skills to a South African citizen or holder of a Permanent Residence Permit was completed during the fours (4) years of the visas as per the initial undertaking;
- The ICT visa application will be considered as a new application with no accumulation nor continuation of the validity period of the current visa;
- The ICT visa shall not lead to permanent residence;
- The ICT holder will remain in the employment of the designated employer for whom the initial and current ICT visa was issued; and
- There is no change of employer, status, or condition from the current visa.
FOOTNOTE
1 Department of Home Affairs, "Immigration Directive No 07 of 2021 - Temporary Concession for Intra-Company Transfer Work Visa holders."
* Please note the KPMG International member firm in the United States does not provide immigration or labor law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in South Africa.
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