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Short Term Work Authorizations Available in South Africa

December 27, 2011— The South African government seeks to curb misuse of the short-term authorization by specifying that short-term work authorization, known as a Section 11(2) permit, is available to foreign nationals on a one-time basis only if the employer has demonstrated an urgent need.

Section 11(2) authorization allows foreign nationals to perform short-term activities without the need for a standard work permit. Visa-exempt nationals apply for the authorization at the port of entry, while visa nationals apply for it at a South African consulate. If issued, the authorization is limited to a single entity and a single work location. An extension may be available on a showing of good cause.

In the past, employers repeatedly sought Section 11(2) authorization for individual employees and were not required to provide evidence of their need to bypass the standard work permit process. The government has now specified that Section 11(2) authorization is available one time only per foreign national, though it is not yet clear whether this is an annual or a lifetime limit. In addition, the sponsoring entity must now demonstrate that the short-term work is urgent and necessary, and must explain why it cannot apply for a standard work permit.

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