Law & Regulation
Immigration Act 13 of 2002
Governs the entry, temporary residence and work authorisation of foreign nationals in South Africa: the visa categories under which foreign personnel may lawfully work on a South African project, and employer obligations regarding the immigration status of persons in their employ. Confirmed sections: 19 (work visa), 21 (corporate visa), 38 (employer obligations). The general/critical-skills/intra-company-transfer breakdown within section 19 is described as the practised categorisation, not asserted as confirmed lettered subsections, since that specific breakdown could not be independently confirmed at subsection level.
Legal Significance
What This Instrument Does
Section 19 governs the work visa, under which the general work visa, critical skills work visa and intra-company transfer work visa categories operate in practice (the critical skills list and points-based system applicable to these categories are maintained through separate ministerial notices, not the Act itself, and must be checked at their current version). Section 21 provides for a corporate visa, enabling a corporate applicant to obtain authorisation for a quota of foreign employees. Section 38 addresses the duties and obligations of an employer regarding the immigration status of persons in its employ. Instrument boundary: governs immigration permission to work — does not govern the substantive terms and conditions of employment (remuneration, leave, termination), which remain subject to the generally-applicable labour-law framework and the individual employment contract.
Key Provisions
- Section 19 — Work visa
Governs the work visa, under which the general work visa, critical skills work visa and intra-company transfer work visa categories operate in practice. Practical consequence: visa lead time and category selection should be treated as a distinct project-mobilisation workstream, separate from employment-contract drafting.
- Section 21 — Corporate visa
Provides for a corporate visa enabling a corporate applicant to obtain authorisation for a quota of foreign employees.
- Section 38 — Employer obligations
Addresses employer duties and obligations regarding the immigration status of persons in its employ. Practical consequence: an employer that engages a foreign national without the correct visa exposes both itself and the individual to statutory sanction.
Legal Framework Position
- Labour / ImmigrationPrimary / Framework Instrument
Instrument Overview
- Official Citation
- 13 of 2002
- Instrument Type
- Law / Act
- Source Language
- English
- Last Verified
- 6 September 2026