Definition

Section 21 of the Immigration Act — the provision governing Corporate Visas, which allow companies to employ multiple foreign nationals under a single authorisation.

Section 21 — Corporate Visa

Section 21 of the Immigration Act (Act 13 of 2002) provides for the Corporate Visa, a mechanism that allows South African companies to employ a specified number of foreign nationals under a single corporate authorisation.

How It Works

A company applies to DHA for authorisation to employ foreign workers. The application specifies the number and categories of foreign employees needed. Once approved, individual employees receive work visas under the corporate authorisation.

Requirements

  • The company must be registered with CIPC
  • A skills transfer plan must be submitted
  • The company must demonstrate compliance with labour laws and BEE requirements
  • Each individual employee must still meet personal requirements (medical, police clearance)

Advantages

  • Streamlines the process for companies with multiple foreign employees
  • Avoids the need for individual labour market tests for each position
  • Centralises immigration management for the employer

Compliance

DHA may audit companies holding corporate visas to ensure compliance with the skills transfer plan and approved quota.

Related Terms

Immigration Act

The Immigration Act 13 of 2002 — South Africa's primary legislation governing the entry, residence, and departure of foreign nationals.

DHA

Department of Home Affairs — the South African government department responsible for immigration, civic services, and identification.

CIPC

Companies and Intellectual Property Commission — the South African body responsible for company registration and intellectual property rights.

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