South Africa issuing consecutive intra-company transfer visas to current holders

IMPACT – HIGH

What is the change? In a change that solves a major impediment created by recent laws, South Africa has issued a new directive allowing holders of an intra-company transfer visa issued under old regulations to be issued a second ICT visa.

What does the change mean? The foreign national must meet all the requirements and return to their home country to apply through the appropriate South African mission. The new ICT visa will be valid for up to four years.

• Implementation timeframe:The directive was issued Oct. 27 and takes immediate effect.
• Visas/permits affected:Intra-company transfer visas.
• Who is affected:Foreign nationals holding an ICT visa issued under former legislation.
• Impact on processing times:The foreign national must leave South Africa and process through a consular post.
• Business impact:This is a very positive development for expatriate intra-company transfers who have not been able to renew their existing ICT
• Next steps:Foreign nationals who hold the two-year ICTs can plan to return to their home country and apply for a new four-year ICT.

Background: South Africa overhauled its immigration laws earlier this year. One of the provisions prohibits ICTs from being extended or renewed.

BAL Analysis: The directive from the Department of Home Affairs is a welcome adjustment to the restriction on ICTs under the new law.

This alert has been provided by the BAL Global Practice group and our network provider located in South Africa. For additional information, please contact your BAL attorney.

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