There are some people who come here for purposes of work, and they are called immigrants and migrants. There are others who are here to seek asylum and refugee status. (See: Asylum Seekers and Refugees).

The new Immigration Act clearly states all applicants must present themselves to conduct the new biometrics capturing that are now required, namely a photograph and fingerprints being taken. A third party cannot apply on your behalf.

The Immigration Act (No 13 of 2002) deals with immigration and migration. It repeals the Aliens Control Act of 1991 as well as the Aliens Control Amendment Act (No 76 of 1995) and regulates the admission of people to South Africa and their right to live and work here. The Act uses a licensing fee to manage the process of allowing foreigners to work and live in South Africa. It also regulates the movement of migrant workers in certain sectors such as mineworking and agricultural work.

Applications for general work visas will require:

• A certificate from the Department of Labour confirming that despite a diligent search the prospective employer has been unable to find a suitable South African or permanent residence holder to fill the position. If enforced, we anticipate a longer processing time will occur due to the added step in the already long process
• That the applicant must prove that s/he has the necessary skills and qualifications in line with the job offer
• That the benefits offered are not inferior to the average salary of a South African citizen or permanent resident holding similar positions
• A South African Qualifications Authority (SAQA) certificate is obtained and submitted. This is an evaluation of foreign education according to South African standards.