A significant change introduced by the newly gazetted regulations on 20 May 2024, was the implementation of the Remote Work Visa in South Africa. This visa allows individuals employed by foreign companies to work remotely in South Africa. This is similar to the nomad visas now popular in many countries across the globe. 

The Remote Work Visa should not be confused with the Short Term Work Visa, also known as a Section 11(2) visa. This visa is specifically intended for foreign nationals conducting short-term work-related activities and hosted by a South African company.

A brief overview of some key distinctions between the Remote Work Visa and Section 11(2) Visa can be seen below:

1. Remote Work Visa:

The Remote Work Visa allows foreign nationals to reside in South Africa whilst being employed by a foreign entity abroad and work remotely. This visa is designed for individuals who wish to enjoy South Africa's amenities while maintaining employment with a foreign entity and continuing their normal duties remotely.

Targeting high-earning individuals, this visa aims to boost the South African economy. To qualify, applicants must earn the equivalent of at least R1,000,000.00 annually. The Remote Work Visa may be granted for up to six (6) months initially, extendable up to thirty-six (36) months within South Africa. Foreign nationals issued a Remote Work Visa for more than six months within a 36-month period must register with the South African Revenue Service.

2. Short Term Work Visa or Section 11(2) Visa:

The Visitor's Visa under Section 11(2) of the Immigration Act, 2002 (Act No. 13 of 2002) allows foreign nationals to enter South Africa temporarily for work purposes. This visa is intended for individuals who need to visit South Africa to undertake specific work-related duties on behalf of a foreign employer at a host company in South Africa.

To obtain this visa, the foreign national must demonstrate the purpose of their visit by providing documentation from both the foreign employer and the South African host company. This documentation should confirm the nature of the project and justify the foreign national's presence in South Africa based on their specialized skills and expertise.

The Visitor's Visa is issued for a maximum period of 90 days and can be renewed for an additional 90 days while in South Africa. However, it's important to note that a foreign national who has already extended this visa for an additional 90 days in a calendar year will not be eligible to apply for this visa category again within the same calendar year.

Conclusion

The Remote Work Visa and Section 11(2) visa serve two distinctly different purposes. The Remote Work Visa is designed for individuals who wish to live in South Africa while working remotely for foreign employers. This visa promotes a flexible lifestyle and supports the local economy by attracting high-earning individuals. 

In contrast, the Visitor’s Visa under Section 11(2) is intended for short-term work assignments. It allows foreign nationals to engage in specific work-related activities in South Africa for a limited period. This visa is suitable for individuals who need to visit the country temporarily to fulfil specific duties on behalf of a foreign employer at a local host company.

Understanding these differences is crucial for foreign nationals in determining the most suitable visa option based on their individual circumstances and requirements.

Submitted by Xpatweb