19 Jun Hiring Foreigners? 10,000 Inspectors Are Watching
Following President Cyril Ramaphosa’s warning to business owners hiring undocumented workers, the Department of Employment and Labour (DEL) is preparing to hire 10,000 new labour inspectors. These inspectors are to visit business owners all over South Africa in order to crack down on employers who are deliberately breaking the law by employing illegal foreign nationals.
Deputy Minister Ntuthuko Sibiya observed that many businesses have been ‘budgeting not to comply’ with the country’s employee immigration laws. Sibiya continues to explain that due to current court fines not being high enough, employers are able to simply set money aside to pay the fines while continuing to exploit illegal labour to maximise their own profits.
DEL Launches Crackdown on Undocumented Foreign Employees
In addition to the recruitment of 10,000 labour inspectors, Deputy Minister Sibiya has further announced that the department plans to impose fines of up to R100,000 per undocumented worker on employers found hiring illegal immigrants. These measures are to be implemented in an attempt to strengthen the enforcement of South Africa’s labour and immigration laws.
During his national address, President Cyril Ramaphosa outlined the following measures to address present immigration challenges:
- Escalating inspections, arrests, deportations, and prosecutions of undocumented foreign nationals, while increasing penalties for employers who hire them illegally.
- Relocating refugee reception centres in closer proximity to border posts while reinforcing border control through improved technology, infrastructure, and personnel.
- Oppose corruption, implementing biometric-based digital identification, phasing out the green ID books, and refining identity verification systems.
- Adjusting immigration and labour laws, introducing quotas for foreign workers and improving the regulation of businesses and informal traders.
- Working alongside African countries and regional bodies to address the root causes of migration, such as conflict, poverty, and limited economic opportunities.
What Are the Legal Requirements When Hiring Foreigners?
The employment of foreign nationals in South Africa is regulated by the Immigration Act 13 of 2002. Before being employed by a South African business, all foreign employees must first possess a valid passport and a necessary work visa, permanent residency, or citizenship. As a foreigner starting a journey in South Africa, there are categories of work visas that can be considered:
- General Work Visa – A points-based system, wherein an applicant must have relevant qualifications, work experience and an offer of employment from a South African employer.
- Critical Skills Work Visa – An applicant must have academic and professional skills and qualifications, as well as a fixed-term job contract in a specific field as indicated in the critical skills list.
- Intra-Company Transfer Work Visa – An employee is seconded from their employment abroad to temporarily work and transfer skills to South Africans in a branch or affiliate of the foreign company which has business in South Africa.
- Corporate Visa – Temporary work authorisation granted to a corporate entity to employ a pre-determined number of skilled/semi-skilled/unskilled foreign nationals for a specific period.
Are you considering applying for a work visa in South Africa? At June Luna Immigration Attorneys, it is our goal to assist each and every candidate with their immigration process.
CONTACT us today and allow us to make your immigration goals a reality.