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Immigration - Endorsements for Work, Study and Business |
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Immigration – life partners and spouses – endorsement for work, study and business
Yes your spouse or life partner can work, study or set up a business in South Africa!
A key decision for many returning South Africans is whether their foreign partners and spouses are able to take up employment, work or study in South Africa.
This is also an area where there is much confusion, rumor and myth. In reality the immigration laws are favorable to spouses and partners of South African citizens and permanent residency holders.
The below links provide information for life partners and spouses about the regulations and processes relating to of being able to work, study or set up a business in South Africa.
Is another type of permit required and what must the employer prove?
What is the correct type of permit to apply for?
Getting permission to work
Do I have to have the spousal or life partner permit before I can apply for the endorsement?
How long does the endorsement last for?
Can I start looking for a job before my permit is issued?
Employers keep asking me for a work permit and will not consider m before I have one?
How long does the endorsement take?
What if I change employer?
Where should I apply?
What if I want to study?
What if I want to set up a business?
How do I get professional help?
Is another type of permit required and what must the employer prove?
It often said that the prospective South African employer must prove to Home Affairs that no South African can carry out the role, meaning they must advertise the position, prove qualifications equivalency , interview other candidates etc etc.
If this was the case it would be both off putting to the employer and the prospective foreign employee.
In reality the employer has no more obligations and needs to follow no other process than they would normally have in recruiting a South African employee.
Back to questions
What is the correct type of permit to apply for?
The permit to apply for is as follows:
If you are married – a spousal permit.
If you are in a life partner relationship – a life partner permit.
Work permit applications are not required for spouses and life partners however please note that holding a life partner or spousal permit does not entitle you to work.
Back to questions
Getting permission to work
For life partners and spouses of South African citizens or permanent residency holders an endorsement must be applied for.
The endorsement is not a separate permit but an ‘addition’ to the spousal or life partner permit that grants permission to the holder to carry out work for a specific employer.
Back to questions
Do I have to have the spousal or life partner permit before I can apply for the endorsement?
Applications for the endorsement can be made either after the spousal or life partner permit has been issued, or indeed, at the same time the application for a spousal or life partner permit is made.
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How long does the endorsement last for?
The endorsements will last for the same period as the spousal or life partner permit.
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Can I start looking for a job before my permit is issued?
Absolutely but you cannot commence work before the endorsement is granted.
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Employers keep asking me for a work permit and will not consider me before I have one?
This is common complaint and is born out of recruiters and companies not having a full grasp of the immigration laws. You should explain to them you do not require a work permit as you are a spouse or life partner you simply need the job to be formally offerred to be able to have your life partner or spousal permit endorsed.
If you have appointed an immigration practitioner, one of the major advantages is that they will be able to issue you with a letter for potential employers/ recruiters, stating exactly what your position is, this eases the employer / recruiters mind further and can assist in the job search process.
Good immigration practitioners are also more than willing to telephone and talk it through with the employer.
Back to questions
What if I change employer?
If you change job, a new endorsement must be obtained, The endorsement is job specific. Until the new endorsement is obtained you may not commence your new position.
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How long does the endorsement take?
There are no guarantees as to the time period but as a guideline, 30 – 50 days is the current average.
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Where should I apply?
It is recommended to apply for your endorsement in South Africa.
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What if I want to study?
For the foreign partner to be able to study they again require an endorsement, in this case applicants will need to prove they have been accepted by a suitable learning institute. Please note that distance learning such as UNISA, does not require a study permit.
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What if I want to set up a business?
In this instance the application for the endorsement needs to prove the business structure is in place – for example the ownership or part ownership of a closed corporation, or confirmation of sole proprietorship.
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How do I get professional help?
Professional help can be sought from registered immigration practitioners. Intergate Immigration assists 100’s of returning South Africans and their foreign partners each year.
If you wish to contact Intergate please use the links below:
Request a call back
E-mail your enquiry
Online Eligibility Form
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