In providing for the regulations of admission and departure of foreigners to and from the Republic, The Immigration Act, No 13 of 2002 directs the Department of Home Affairs to contribute to an environment in which economic growth is promoted through the employment of needed foreign labour, foreign investment is facilitated and that the entry of exceptional skill or qualified people is enabled.
I, Dr. PA Motsoaledi, MP, Minister of Home Affairs has, with the powers bestowed upon me in terms of Section 31(2)(C) of the Immigration Act, 2002 (Act No 13 of 2002) decided to allow holders of legally issued intra-company transfer visas who are currently residing in the Republic of South Africa to apply for another term of 24 months for the ICT visa that they currently hold.
This waiver is applicable to holders of ICT visas that expired during the lockdown, including the current period, and to those which will expire by 30 June 2022, subject to the following conditions:
- Proof that the local entity, branch or affiliate of the company abroad still requires the services of the ICT Visa holder;
- Proof in the form of verifiable documents that the skill transfer to a South Africa or Permanent residence was completed during the four (4) years of the visas as per the initial undertaking;
- The ICT visa application will be considered as a new application with no accumulation nor continuation of the validity period of the current visa;
- The ICT visa shall not lead towards permanent residence; and that
- The ICT holder will remain in the employment of the designated employer for whom the initial and current ICT visa was issued.
- No change of employer, status or condition from current visa.
This temporary visa concession is only applicable to holders of legally issued intra-company visas and who are currently residing in the Republic during the lockdown. Any further extension or modification or amendments to the terms of this concession will only be valid if communicated in writing.