An Intra-Company Work Permit

An Intra-Company Work Permit

AN INTRA-COMPANY WORK PERMIT

A foreigner, who is employed abroad by abusiness operating in the Republic of South Africa in a branch, subsidiary or affiliate relationshipand who by reason of his or her employment is required to conduct work in the Republic, may beissued with an intra-company work permit. The following documentation must be submitted inrespect of each person applying for an intra-company work permit:

  1. a fully completed application form, including part P, which must be completed by theSouth African employer, and including two (2) passport photographs (see Form BI-1738);
  2. a passport valid for no less than thirty (30) days after departure from the Republic ofSouth Africa, and containing at least two (2) blank pages;
  3. a copy of passport, page with photograph;
  4. the applicant’s contract of employment with the company abroad;
  5. a letter from the company abroad confirming that the foreigner shall be transferred to abranch of that company or an affiliated company situated in the Republic of South Africa;
  6. a letter from the South African company confirming the transfer of the foreigner from the company abroad to a branch of that company or an affiliated company situated in theRepublic, as well as specifying the occupation and capacity in which that foreigner shallbe employed;
  7. a yellow fever vaccination certificate, if the applicant travelled or intends travelling from orthrough a yellow fever endemic area: provided that the certificate shall not be requiredwhen the applicant travelled or intends travelling in direct transit through such area;
  8. in respect of the applicant’s marital status or spousal relationship, the following documentation shall be submitted (certified copy with translation into English certified by Public Notary):

a)a marriage certificate in the case of a married applicant;

b)proof of a permanent spousal relationship in the case of so called life partners, including:

  1. the prescribed affidavit, which is available on request from our office;
  2. documentation proving cohabitation and the extent to which the related financial responsibilities are shared by the parties;
  3. proof of a legal divorce or the death of a spouse in the event of a preceding marriage; and
  4. in the case of a relationship concluded between two foreigners in a foreign country, official recognition thereof issued by the authorities of the relevant country;

c)a death certificate in the case of a widowed applicants

d)a decree of divorce in the case of a divorced applicant; or

e)proof of legal separation in the case of a separated applicant;

  1. in respect of minor dependent children accompanying the applicant to or joining the applicant in the Republic, the following documentation shall be submitted (certified copy with translation into English certified by Public Notary):

a)an unabridged birth certificate;

b)proof of adoption, in the case of an adopted minor;

c)proof of guardianship or custody, in the case of a minor subject to guardianship or custody; or

d)consent from the guardian, in the case of an unaccompanied minor;

  1. a police clearance certificate, issued by the police or security authority in each country where the applicant resided for 12 months or longer since having attained the age of 18 years, in respect of criminal records or the character of the applicant, and this certificate shall not be older than six (6) months at the time of its submission;
  2. a medical report (see Form BI-811), which shall not be older than six (6) months at the time of its submission;
  3. a radiological report (see Form BI-806), which shall not be older than six (6) months at the time of its submission, and shall not be required in respect of children under the age of 12 years or pregnant women;
  4. proof of avalid return flight reservation,
  5. payment of a cash deposit of 1500 US dollars (should be paid in KZ Tenge by the rate of National Bank of Kazakhstan on the day of payment),-or written undertakingby the South African employer accepting responsibility for the costs related to thedeportation of the applicant and his or her dependent family members, should it becomenecessary, provided that in the case of a cash deposit, such deposit which shall berefunded to the applicant after his/her final departure or after a permanent residencepermit has been issued to the applicant;
  6. confirmation of the applicant’s valid mobile phone number and email address;
  7. the non-refundable application fee of 32815 KZT;

Payment of the above-mentioned application fee and cash deposit, if applicable, may be made through a bank transfer to the following account :

Beneficiary name:South African Embassy in Kazakhstan/ПосольствоЮАРвКазахстане

Bank Name: JSC SB “RBS (Kazakhstan)” Astana Branch/АОДБ “RBS (Kazakhstan)” филиалАстана

Address: Astana, Kazakhstan 010000

6/1, Kabanbay batyr av./ 010000, г.Астана, пр. Кабанбайбатыра 6/1

TRN 600400527301

BIC: ABNAKZKX

Iban Number :KZ81922KZT0002225697

Currency:KZT

Code of payment purpose: 859

Ref. : Intra-company work permit; (applicant’s name)

NB: Please send us copy of receipt by email or fax (7172) 925329

Furthermore, if applicable, the cash deposit should be transferred separately from the applicationfee. Only applicants who submit their applications personally at our office may alternatively paythe application fee and cash deposit, if applicable, in cash; such applicants must however, ensurethat they have the exact amounts, as no change is available from our office.

Note:

- An intra-company work permit may be issued for a period not exceeding two (2) years.

- The holder of an intra-company work permit may conduct work only for the South Africanbranch, subsidiary or affiliate of the company, which employs him abroad, and inaccordance with the requirements set out in his or her permit.

- In terms of section 19(5)(a) of the Immigration Act as amended, the relevant employershall ensure that:

a) the passport of the foreigner is valid at all times;

b) the foreigner is only employed in the specific position for which the permit has beenissued;

c) the foreigner departs from the Republic of South Africa on completion of his or hertour of duty.

- Should it become evident that the prospective employee i.e. applicant would not be ableto meet one or more of the requirements, the South African employer should request theDirector: Permits at the Department of Home Affairs to waive the requirements in terms ofsection 31(2)(c) of the Immigration Act, as amended. The employer must motivate eachrequest with full particulars and background, and should the waiver be granted,confirmation thereof must be submitted with the application.

- Documentation that accompanies the application shall be original or certified copies andtranslated by a sworn translator into English.

- A complete application may be either mailed to our office, or submitted personally duringthe consular opening hours: Mon-Fri; 09:00-12:30.

- On condition that a complete application for a permit is submitted, the time required toprocess the application is normally 15 working days. Please note however, that duringthe high season (June-August & November-January), the processing of applications maytake longer.

- Our office may only issue a permit within three (3) months before the applicant’s intendeddate of entry into the Republic of South Africa; we therefore kindly request thatapplications are not submitted prior to this issuing period.

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