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Intra-Company Transfer Work Visa: Expert Analysis by Xpatweb Consultants · Work Permit South Africa Podcast

• 0:04
  Speaker 1: Hi, welcome to ExpatWeb's podcast regarding the intercompany transfer work visa.
• 0:08
  Speaker 1: I'm here joined by my esteemed colleague, adil Wadi, and I am Anfer Barnard.
• 0:13
  Speaker 1: We both serve as senior immigration consultants at ExpatWeb.
• 0:18
  Speaker 1: Today's topic, as mentioned previously, is regarding the very popular intercompany transfer work visa.
• 0:25
  Speaker 1: Adel Wadi, if you wouldn't mind please definitely so.
• 0:31
  Speaker 2: I think, basically the first thing we have to start off with is what exactly is a intra-company work transfer visa, or more commonly known as an ICT?
• 0:39
  Speaker 2: It basically is a visa which allows assignees from multinational corporates to come to South Africa on assignment for a long-term period, whereby it's presumed that they will transfer skills to either South African or a permanent resident holder whilst in South Africa for the duration of their assignment.
• 0:58
  Speaker 1: Yes, and just to add to that, really the intercompany transfer work visa is a very convenient one for large conglomerates across the globe who wish to really upskill the talent in South Africa, and it is a very like time is application to do.
• 1:13
  Speaker 1: It's a lot quicker than your traditional critical skills work visa, which involves aqua, which in itself could take about six months, whilst the ICT will allow you to mobilize your key staff already in South Africa way before that, probably three months from the date of issuance.
• 1:29
  Speaker 2: Definitely, I think one of the key things with regards to ICTs as a whole is the requirement factors, because it's significantly reduced compared to that of other work visas, like you mentioned.
• 1:38
  Speaker 2: The only requirement I would say which a company has to consider when doing an ICT application is that of a skills transfer plan which, if done properly, is quite a simple procedure.
• 1:50
  Speaker 2: It just basically details out the transfer plan for those skills to the South African national or permanent residence holder whilst in South Africa, for either the period of two years or four years.
• 2:00
  Speaker 1: Absolutely.
• 2:00
  Speaker 1: I think something just to add to the requirement thing is that the employee who the company wishes to transfer must have been value, even though some companies try and motivate us as such.
• 2:12
  Speaker 1: So senior staff is a very important thing, and I think another thing that really must be focused on is that the applicant must be in the same position in South Africa for the full duration.
• 2:40
  Speaker 1: So let's say, for example, the applicant is a senior manager, he or she cannot be promoted to a managing director of the company, for example, which is very important in my view.
• 2:50
  Speaker 2: No, definitely.
• 2:50
  Speaker 2: And with regards to duration as well, something I think we should touch on, Duration as a whole is a four-year period, so ICT can't be issued for longer than four years and it can't be renewed beyond the four-year period, whilst in South Africa that's one of the key differences between that and the other work visas For example, a general work or critical skills work visa renewals are possible.
• 3:11
  Speaker 2: With regards to ICT, after the four-year period lapses, the assignee is required to return back to his home country to continue his employment there.
• 3:18
  Speaker 2: However, there is times where we've seen embassies not issue the visa for the full period, whereby they'll issue it for issued for one year period or a two year period.
• 3:27
  Speaker 2: In those instances it is renewable up until that four year period as a whole.
• 3:33
  Speaker 2: So I mean duration is something which has to be considered by, I think, any corporation who's considering this type of visa, because they obviously have to see how long the assignment will be, how much skills have to be transferred over, so that they can determine Because it's not to say that you have to complete the entire four-year period ICT, for example, can be issued just for one year where, after it's chosen that no, the assignment does not have to renew that.
• 3:56
  Speaker 2: Skills have been transferred over and they return back home.
• 3:59
  Speaker 1: Yeah, absolutely, and I think another very good thing about the intercompany transfer work visa it doesn't close off doors for future applications like your general work, like your critical skills work visas and an ICT.
• 4:11
  Speaker 1: I think is very important to note this is it doesn't allow for permanent residency based on that visa.
• 4:16
  Speaker 1: But one thing, as we touched on previously, is that the applicant can be on an inter-company transfer work visa in South Africa, conduct work and the company doesn't lose market share.
• 4:26
  Speaker 1: However, one very good thing about that is then you can start the process of registering with the SACWA professional body and also the SACWA certificate and let the applicant return to their home country and submit either an application for a critical skills work visa or general work visa, which will allow him or her to later on apply for a permanent residency permit, and the company can then make use of their services in South Africa on a permanent or indefinite basis.
• 4:55
  Speaker 2: Agreed, agreed.
• 4:56
  Speaker 2: The other thing I think which we may need to touch on is country-specific requirements as well.
• 5:02
  Speaker 2: I mean, we have touched on the key requirements of the six-month contract as well as the skills transfer plan, which are a must, otherwise the application will probably be rejected.
• 5:11
  Speaker 2: The skills transfer plan, which are a must, otherwise the application will probably be rejected.
• 5:14
  Speaker 2: However, it's important to note that, based on where a company is based or where they're situated, so where the application will be submitted, it's important for that assignee themselves to go to the embassy or find out from the embassy what may be required for the purposes of the application, alongside the common requirements, because what we've seen in our experience is, every place in the world is different.
• 5:35
  Speaker 2: So, as much as South Africa and the Department of Home Affairs have released a list of requirements, the VFS centres or the high consulates or etc.
• 5:43
  Speaker 2: Any of those things seem to tweak them slightly and request additional documents, which is super important prior to the application being submitted.
• 5:51
  Speaker 1: Yes, absolutely, and I think another thing that's important, especially for large global companies, is an ICT is a very long-term visa.
• 6:00
  Speaker 1: I mean four years is a very long period and it's important to note that the assignees, their dependents, your wife, your kids and everything are allowed to apply for either a dependency visa, which is issued in terms of section 11, one before it does not allow work, but the minister did in our recent event with the lunch, and the minister said they are looking into an accompanying work visa as such, and additionally, the children.
• 6:27
  Speaker 1: They do not have to cease their studies.
• 6:29
  Speaker 1: They also don't have to continue studying in the country abroad, they can come to a registered learning institution in South Africa and for the duration of your assignment they can continue studying here and make sure it's uninterrupted, which I think is a very important thing.
• 6:43
  Speaker 1: But on embassy specific requirements of VFS centres, we've noticed that some even go goes far to say that the main applicant must submit first and then only afterward can the applicant's dependent submit.
• 6:55
  Speaker 1: So that is always something that you need to reckon on, because planning is vital for key mobilization in South Africa, definitely.
• 7:05
  Speaker 2: I think you hit the nail on the head with that one.
• 7:07
  Speaker 2: I think that's basically one of the most important things.
• 7:11
  Speaker 2: It's one of the things we tell all of our clients that, based on where you are submitting, there may be further requirements which are required, and that often is a no-go for a lot of people because of what they require.
• 7:25
  Speaker 2: But it's something which we always say if you have the right immigration professional who is assisting you, you can mitigate any of those factors, so you don't end up at the submission center on the day running around like a headless chicken looking for documents which you didn't know were required, etc.
• 7:40
  Speaker 2: Everything is prepared for you ahead of time.
• 7:42
  Speaker 2: All communications are done ahead of time.
• 7:44
  Speaker 1: It's it's the easiest way to go ahead with this yeah, absolutely, and um, yeah, I think that concludes really our podcast on the ICT and yeah, thank you so much for joining us and yeah, see you soon.