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General work permit

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APPLICATION FOR A GENERAL WORK PERMIT<br />

Dear Sir/Madam,<br />

We refer to your enquiry and wish to inform you that a foreigner, who intends to conduct <strong>work</strong> in the Republic<br />

of South Africa, but who does not qualify to apply for a quota <strong>work</strong> <strong>permit</strong>, may be issued with a general <strong>work</strong><br />

<strong>permit</strong>. The following documentation must be submitted in respect of each person applying for a general <strong>work</strong><br />

<strong>permit</strong>:<br />

- a fully completed application form including part P, which must be completed by the employer, and<br />

including one (1) passport photograph (see Form BI-1738);<br />

- a passport valid for no less than thirty (30) days after departure from the Republic of South Africa, and<br />

containing at least two (2) blank pages for endorsements (non-German passports must contain a valid<br />

long term or permanent residence <strong>permit</strong> for the Federal Republic of Germany);<br />

- a contract of employment stipulating the conditions of employment and signed by both the employer<br />

and the applicant;<br />

- proof of qualifications evaluated by the South African Qualifications Authority and translated by a<br />

sworn translator into English;<br />

- proof of experience and skills in line with the job offer;<br />

- a letter from the employer motivating why a citizen or permanent resident could not fill the position, as<br />

well as proof of efforts made to obtain the services of a citizen or resident, together with the<br />

particulars of the unsuccessful candidates;<br />

- proof of publication of an advertisement in the national print media as an original clipping:<br />

a) reflecting the full particulars of the relevant newspaper or magazine;<br />

b) stipulating the minimum qualifications and experience required to fill the position;<br />

c) clearly defining the position offered and the duties to be performed;<br />

d) measuring at least 60 millimetres by 60 millimetres;<br />

e) stating the closing date for the application in the advertisement; and<br />

f) shall not be older than three (3) months at the time of application, which period shall be calculated<br />

from the closing date for applications;<br />

- an undertaking by the employer to inform the Director-<strong>General</strong> of the Department of Home Affairs<br />

should the applicant not comply with the Immigration Act as amended, or leave the employer;<br />

- if required by law, proof of registration with the relevant professional body, board or council;<br />

- full particulars of the employer, including, if applicable, proof of registration of the business with the<br />

Registrar of Companies;<br />

- a certificate from the Department of Labour or an extract from the database of a salary benchmarking<br />

organisation stipulating the average salary earned by employees occupying similar positions in the<br />

Republic of South Africa;<br />

- a yellow fever vaccination certificate, if the applicant travels from or (in transit) through a yellow fever<br />

endemic area to the Republic of South Africa (see<br />

http://www.suedafrika.org/downloads/Yellow_fever_Policy_brief_2011_26-08-2011.pdf);<br />

- in respect of the applicant’s marital status or spousal relationship, the following documentation shall<br />

be submitted:<br />

a) a marriage certificate in the case of a married applicant;<br />

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

i. the prescribed affidavit, which is available on request from our office;<br />

ii. documentation proving cohabitation and the extent to which the related financial<br />

responsibilities are shared by the parties;<br />

iii.<br />

iv.<br />

proof of a legal divorce or the death of a spouse in the event of a preceding marriage; and<br />

in the case of a relationship concluded between two foreigners in a foreign country,<br />

official recognition thereof issued by the authorities of the relevant country;<br />

c) a death certificate in the case of a widowed applicant;<br />

d) a decree of divorce in the case of a divorced applicant; or<br />

e) proof of legal separation in the case of a separated applicant;<br />

- in respect of minor dependent children accompanying the applicant to or joining the applicant in the<br />

Republic, the following documentation shall be submitted:<br />

a) an unabridged birth certificate;<br />

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) proof of adoption, in the case of an adopted minor;<br />

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

d) consent from the guardian, in the case of an unaccompanied minor;<br />

- a police clearance certificate, issued by the police or security authority in each country where the<br />

applicant resided for 12 months or longer since having attained the age of 18 years, in respect of<br />

criminal records or the character of the applicant, and this certificate shall not be older than six (6)<br />

months at the time of its submission;<br />

- a medical report (see Form BI-811), which shall not be older than six (6) months at the time of its<br />

submission;<br />

- a radiological report (see Form BI-806), which shall not be older than six (6) months at the time of its<br />

submission, and shall not be required in respect of children under the age of 12 years or pregnant<br />

women;<br />

- at the discretion of the Director-<strong>General</strong> of the Department of Home Affairs, proof of a valid return<br />

flight reservation, payment of a cash deposit of €900,- or written undertaking by the employer<br />

accepting responsibility for the costs related to the deportation of the applicant and his or her<br />

dependent family members, should it become necessary, provided that in the case of a cash deposit,<br />

such deposit which shall be refunded to the applicant after his/her final departure or after a permanent<br />

residence <strong>permit</strong> has been issued to the applicant;<br />

- cover letter, signed and dated by the applicant, and including his or her valid German mobile phone<br />

number and email address;<br />

- a self-addressed A5-size envelope with postage paid for €3,60 (per Einschreiben), to return the<br />

endorsed passport and personal original documents;<br />

- proof of bank transfer / deposit of the non-refundable application fee of €187,- e.g. copy of transfer<br />

slip.<br />

Only applicants who reside in the following German Federal States (Bundesländer) may submit their<br />

applications at the Embassy in Berlin: Berlin, Brandenburg, Bremen, Hamburg, Hessen, Mecklenburg-<br />

Vorpommern, Niedersachsen, Nordrhein-Westfalen, Rheinland-Pfalz, Saarland, Sachsen, Sachsen-Anhalt,<br />

Schleswig-Holstein, Thüringen.<br />

Payment of the above-mentioned application fee and cash deposit, if applicable, must be made through an<br />

electronic bank transfer to the following account at least five <strong>work</strong>ing (5) days, before submitting the<br />

application (applicants who reside in Bavaria and Baden-Wuertemberg should not transfer payments to<br />

this bank account):<br />

Recipient: Südafrikanische Botschaft<br />

IBAN: DE24 1004 0000 0261 8924 00<br />

BIC:<br />

COBADEFFXXX<br />

Bank name: Commerzbank Berlin (West)<br />

Ref.:<br />

<strong>General</strong> <strong>work</strong> <strong>permit</strong>; (applicant’s name)<br />

Alternatively, a cash payment may be deposited into the Embassy bank account at any Commerzbank<br />

branch, and the deposit confirmation submitted with application. Furthermore the cash deposit, if applicable,<br />

should be transferred / deposited separately from the application fee. Cash payments will not be accepted<br />

at the Embassy from applicants who apply in person.<br />

Kind regards<br />

Consular Section<br />

Embassy of the Republic of South Africa<br />

Tiergartenstr. 18<br />

10785 Berlin<br />

Fax: 030 22073 202<br />

Email: berlin.consular@foreign.gov.za<br />

Website: www.suedafrika.org<br />

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Note:<br />

- A general <strong>work</strong> <strong>permit</strong> shall lapse if, within six (6) months of its issuance, and within every year<br />

thereafter, its holder fails to submit to the Director-<strong>General</strong> of the Department of Home Affairs<br />

confirmation that he or she is still employed and the terms and conditions of his or her employment,<br />

including the job description.<br />

- In respect of a general <strong>work</strong> <strong>permit</strong> holder whose employment contract has been terminated, the<br />

<strong>permit</strong> shall remain valid for a period not longer than six (6) months, until that holder has exhausted all<br />

applicable rights of recourse, provided that the period may be extended for further periods of three (3)<br />

months at a time on submission of proof to the satisfaction of the Director-<strong>General</strong> of the Department<br />

of Home Affairs that, due to circumstances beyond the control of the holder, the recourse procedures<br />

have not been finalised.<br />

- Should it become evident that the prospective employee i.e. applicant would not be able to meet one<br />

or more of the requirements, the South African employer should request the Director: Permits at the<br />

Department of Home Affairs to waive the requirements in terms of section 31(2)(c) of the Immigration<br />

Act, as amended. The employer must motivate each request with full particulars and background, and<br />

should the waiver be granted, confirmation thereof must be submitted with the application.<br />

- Documentation that accompanies the application shall be original or certified copies and translated<br />

by a sworn translator into English. In the case of German birth, marriage and death certificates,<br />

international versions of these certificates may be submitted.<br />

- A complete application may be either mailed to our office, or submitted personally during the consular<br />

opening hours: Mon-Fri; 09:00-12:00.<br />

- On condition that a complete application has been submitted, the processing period is 8 weeks. We<br />

therefore do not advise applicants to book / purchase flight tickets before their application has been<br />

approved; if required, only a flight reservation must be submitted with an application.<br />

- Applicants who reside in Bavaria and Baden-Wuerttemberg must submit their applications to the<br />

South African Consulate-<strong>General</strong> in Munich:<br />

South African Consulate-<strong>General</strong><br />

Sendlinger-Tor-Platz 5<br />

80336 Munich<br />

Tel: 089 23 11 63 0<br />

Fax: 089 23 11 63 53<br />

Email: munich.consular@foreign.gov.za<br />

- Applicants from Bavaria and Baden-Wuerttemberg who submit their applications at the South<br />

African Consulate-<strong>General</strong> in Munich, must pay all applicable fees and cash deposits through an<br />

electronic bank transfer to the following account and attach proof of payment in the form of a copy of<br />

the transfer slip (please note that the Consulate-<strong>General</strong> in Munich does not accept payments in<br />

cash or cheque):<br />

Recipient: Südafrikanisches <strong>General</strong>konsulat<br />

IBAN: DE26 7008 0000 0356 7199 00<br />

BIC:<br />

DRESDEFF700<br />

Bank name: Commerzbank AG München<br />

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