Expert Info

Posted by
on 8 Dec 2011
Hi, I would like to know is it really necessary to hire a immigration lawyer/ consulting firm to file papers to secure work permit. I would have all the papers, made available by my employer, so could I proceed myself? Especially if the papers work in clean or do I still need a middleman to manage the home affairs dept.? When I inquired with a leading immigration agency, they quoted me fee which is 4 times of actual amount charged by the home affairs. Is it really so high or there are plenty of service providers in this arena? Also, I have been quoted a hefty amount as Repatriation charge, upon checking Home Affairs website I could not find any clause that Repatriation charge is must or any guidance on how its calculated. This is for Exceptional Skill visa. Thanks A-
Anonymous (not verified) on 9 Dec 2011 - 07:12
No, it's definitely not necessary to hire an immigration lawyer to file for and successfully obtain a work permit from Home Affairs in Cape Town. Though, if you do it yourself, you'll need to be prepared to queue and then queue some more, and then queue again after that. If all your papers are in order you can certainly submit to Home Affairs yourself. Just make sure to arrive first thing in the morning (the office on Barrack Street opens at 7h30AM), otherwise you'll be waiting for hours. Also, make two copies of everything - just in case. 

The repatriation fee is basically a precaution against you committing a heinous crime, and then South African government the having to finance your deportation. So basically, it's an amount that's roughly equivalent to the cost of a plane ticket back to your home country. However, if you already have a job offer, you simply need to get your employer to sign a repatriation gaurantee - there's a spot on the Home Affairs work permit application, and then you won't need to make payment. 

If you don't have anyone to sign the repatriation fee, you can try and prove that you have sufficient funds to cover the cost of the plane ticket in the case that something like that happens, but they may not accept this. Try and avoid paying this gaurantee if possible, I personally don't trust Home Affairs as far as I can throw them. So the chance that you would actually see that money again (it's supposed to be refunded to you when you leave the country) seems slight. 

I've been through the exceptional skills application process twice, so let me know what other questions you have. Also, try and get your application in as soon as possible, they're doing away with this category within the next few months.

-S
Anonymous (not verified) on 20 Dec 2011 - 09:46
Thanks for responding to my query. My employer has clarified that they will not be paying for visa processing. Could anyone recommend me a visa processing specialist in Cape Town? I have checked with 1 known company they are asking me a service fee which is 4 times the actual form price (10K ZAR for 1 work permit & 3 temp residence visas). If I do all visa & work permit job myself, What visa should I use to enter & bring my family to SA? I heard that SAQA takes 2 months minimum to approve applications & qualifications. Approximately how many times I will have to visit the home affairs dept.? If I choose to enter SA only after getting work permit + visa, how long should that take, from date of submission of application (considering best case scenario- Home affairs does its job on time) :-) Thanks a lot
Anonymous (not verified) on 14 Dec 2011 - 12:37
Hi - I suggest you only use an immigration consultant if you are time poor and cash rich! Or if your company is paying, which will often be the case for those posted out to Cape Town. it is often quite easy to get a permit yourself but you must be prepared to visit home affairs a few times and the queue can be an hour long. I think you have more chance of getting a permit if you do it yourself rather than get a consultant to do the work for you - all you are really paying for is for someone to sit in the queue for you. It is worth reading up on who can get a permit and what work permit to go for as you must fill in the paperwork correctly - in general you are ok if you are setting up a business which will employ people and bring funds into South Africa which wouldnt otherwise happen, or if you can persuade them that you are a skilled worker and bring some kind or benefit to South Africa rather than simply taking a locals job.
Anonymous (not verified) on 17 Jun 2014 - 14:05
pls guys advice me, i have a 2year student permit studying with a hotel school in cape town and am working with a hotel has offered me provisional of employment and letter to home affairs,with the new law can still go ahead and apply for work permit and what are the documentation requirement......pls waiting ASAP.

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