Immigration (Corporate)

At Cliffe Dekker Hofmeyr, our Corporate Immigration team assists international and South African companies with immigration requirements normally associated with the import of foreign skills or relocations of ex-patriates and their families.

Our Corporate Immigration team offers best practice immigration solutions to corporate clients.

The team consists of experienced lawyers at all levels from across our various practice areas that have specialist knowledge of the immigration laws of South Africa.

Whether you wish to second an employee to a foreign entity, subsidiary or parent company or you need to import talent to provide service to a local business,our Corporate Immigration team provides tailor-made advice and assistance.

Our Corporate Immigration services

We are able to assist with all immigration related legal issues; in particular, the current requirements of the Department of Home Affairs.

• The Section 21 Corporate Permit is the most effective way of recruiting a large number of foreign employees with skills that are in short supply in South Africa. A company may apply to the Department of Home Affairs for a Corporate Permit, which entitles the company to set out the required number of foreign citizens it wishes to employ in specific categories within its business. The Director General of Home Affairs may approve a set number of employees for the various categories a company requires. On receipt of the corporate permit certificates, the company may head hunt skilled foreign workers who have the specific skills set out in the corporate permit application. We are also able to advise corporate immigrants on the South African income tax and exchange control laws that are likely to affect them.

• We can identify tax exposures and advise on tax planning strategies

• We can advise on exchange control issues and the remittance of funds

• We can assist in drafting business plans into registration of the business in terms of the Companies Act and registering the business with South African Revenue Services. In the event that the investment of less than R2.5 million is made, we assist in obtaining a waiver from the Director General of the Department of Home Affairs reducing the R2.5 million capital requirement.

Areas of specialisation further include:

• Acquisition of all categories of permits such as study permits, medical permits, work permits and intercompany transfers. The categories of work permit include:
  • General work permit
  • Intra Company Transfer
  • Quota work permit
  • Exchange permits to conduct work.
  • Exceptional Skills work permit
  • Corporate work permit

• Application for and obtaining of all categories of visas

• Acquisition of temporary residence permits

• Acquisition of permanent residence and immigration permits

• Processes to determine status or citizenship

• Resumption of citizenship

• Acquisition of business permits to establish a new business and business permits to invest in an existing business venture

• Obtaining of immigration permits based on job offer, spousal category, self employment or own business category, categories of financially independent persons, retired persons or relatives' permits

• Assistance with:
  • passport issues
  • restoration of permanent residence rights
  • obtaining abridged birth certificates and full birth certificates
  • procuring copies of marriage certificates
  • Immigration Law related applications to the High Courts and Constitutional Court
  • reconsideration applications and appeals
  • petitions and exemption applications to the Minister of Home Affairs
  • Chartered Accountant certifications through an associate accountant.

• Preparing notarial contracts of cohabitation

• Estate planning for those who emigrate

• Assistance with the structuring of employment and tax benefits when foreign employees are employed in South Africa.