South African Work Permit for Lesotho Nationals

Lesotho nationals have travelled to SA since 2015 due to the socio-economic issues that have been happening. In 2015 the Department of Home Affairs started the Lesotho Special Permit which has been issued to them to legally stay in the country.

Home Affairs renewed the LSP visa in 2019 and extended the deadline until 15th June 2020. The LSP visa is valid up until the 31st of December 2023 and we are not sure if they will be renewing the LSP visa.

Those who have missed the cut-off date in 2015 can no longer apply for the visa and this means that they need to apply for one of the 4 mainstream employment visas. Applying for a work permit in South Africa is a daunting process and if you do not know the process then you can potentially end up applying for the wrong visa. You are not allowed to apply for a work visa if you are on a visit visa in South Africa.

We have written extensively about other foreign nationals applying for visas:

1. Work permit South Africa for Zimbabweans
2. Work permit South Africa for Malawians

Today we will be discussing in-depth about applying for the visa. These are the different South Africa visa types you can apply for.

Do Lesotho citizens need a visa for South Africa?

Lesotho is part of the visa-exempt countries for South Africa meaning that they receive 30 days automatically when they get to the port of entry. They simply do not have to apply for a visa if they would like to visit the country for tourism or business purposes.

They are strictly not allowed to work whilst on a visit visa and therefore must apply for the appropriate visa to take up employment.

I have no qualifications can I still obtain a work permit?

All the work visas available in South Africa require foreigners to have qualifications for the position they are applying for.

South Africa has a very high unemployment rate and therefore is protecting the labour market.

The position you are applying for must not displace a South African citizen or permanent resident holder.

Therefore securing employment in South Africa with no qualifications will be an uphill battle.

Unskilled positions such as a gardener or maid for instance will not qualify for a work permit.

What types of work visas are available?

There are 4 types of work visas available:

• Critical Skills Visa
• Corporate Workers Visa
• General Work Visa
• Intra-Company Transfer Visa

The duration for each visa:

• Critical Skills Visa and General work visa – 5 years maximum
• Corporate Workers Visa – Valid for the duration of the corporate visa of the employer
• Intra Company Transfer Visa – 4 years and no extension are allowed.

Critical Skills Visa:

This visa is available to a foreigner whose skill is listed as a shortage in South Africa. The Department of Home Affairs has published a list of skilled shortages called the critical skills occupation list.

Qualifiying critieria:

• Must have a job offer
• Registered with a professional body, council or board in SA
• SAQA certificate

Corporate Workers Visa:

This visa is available to foreigners who have secured employment with a corporate entity that has a corporate visa.

Companies that hold a corporate visa are allowed to employ a predetermined number of foreigners for specific positions within the company.

Qualifying Criteria: 

• SAQA certificate
• The company must be in possession of a corporate certificate

General Work Visa:

The general work permits are available to foreigners who can fill a position in the country where no ordinary SA citizen or permanent resident can fill that particular position.

The applicant must have the necessary qualifications and experience.

Qualifying criteria:

• Department of Labour & Employment final visa notification letter
• SAQA certificate
• Job offer
• Contract of employment in line with the Department of Labour and Employment standards.

South African work permit requirements for Lesotho

The following documents are required for all work permits:

• A valid passport that expires 30 days after your intended departure from the country.
• A duly completed DHA-1738 temporary residence form
• A yellow fever certificate if you are travelling or have travelled through a yellow fever endemic area
• Police clearance certificate issued from the authorities from your country and for each country you have lived in since the age of 18. (Should not be older than 6 months at the time of submission)
• Medical report (Should not be older than 6 months at the time of submission)
• Radiological report (Children under the age of 12 and pregnant women are exempt from this) (Should not be older than 6 months at the time of submission)
• A spousal affidavit if you are in a relationship with a South African citizen including documents to prove cohabitation, Shared related financial responsibilities and the setting out the particulars of children in the spousal relationship.
• SAQA certificate

Adding a spouse to your application:

• A marriage certificate was issued from the authorities in Lesotho.
• Divorce decree if applicable
• Death certificate in respect of your late spouse
• Legal separation order if applicable

Adding children to your application:

• Court order granting full or specific parental responsibilities and rights if applicable.
• Written consent from both parents and full parental responsibilities if applicable
• Proof of adoption

Children who are of school-going age must apply for study visas to attend school.

Written undertaking letters from your employer for work visa applications:

• A written letter from your employer accepting responsibility for the costs of deportation for your and your family should the need arise.
• A written letter from your employer ensuring the Department of Home Affairs that your passport will always be valid at all times.
• Full particulars of your employer, including the proof of registration of the employer’s business with the Commission on Intellectual Property and Companies (CIPC).
• A written letter from your employer to inform the Director-General should you not comply with the provisions of the act or the conditions of the visa.
• A written letter from your employer to inform the Director-General if you are no longer employed by your employer or employed in a different capacity or role.

Extra Documentation for Critical Skills Visa working application:

• Proof of membership and letter confirming your critical skills from the professional body, council or board which is recognized by the South African Qualifications Authority.
• Proof that your occupation is listed on the critical skills occupation list.
• A valid contract from your employer.

Extra Documentation for a Corporate Workers Visa working application:

• Original Corporate Worker Authorization Certificate.
• A valid contract from your employer.

Extra Documentation for General Work Visa

• A final visa notification from the Department of Labour
• A contract of employment stipulating the conditions of employment which have been signed by you and your employer.

Extra Documentation for an Intra-Company Transfer Visa

• Your contract from abroad is older than 6 months.
• A letter from your employer abroad confirming that you are being transferred from a branch, subsidiary or affiliate to the SA branch.
• A transfer of skills to a SA citizen or permanent resident holder.

How much is a visa from Lesotho to South Africa

Lesotho is visa exempt so a visit visa stamp is issued at the port of entry. Applying for a temporary residence work visa has costs to it.

Work Visa costs – R 1520.00 per visa.

This fee is paid when you submit your application at the SA embassy at the immigration department.

VFS is not contracted to the High commission therefore there are no extra fees for capturing biometrics

Kingdom of Lesotho SA High Commission Details

Street Address: Corner Kingsway and Old School Road, Maseru, Lesotho

Postal Address: Private Bag A266, Maseru, 0100, Lesotho

Phone: 002 662 2225800

Fax: 002 662 2325228 or 002 662 2310128

Email: maseru.dha@dirco.gov.za

Facebook page: https://www.facebook.com/SAHCLesotho/