Answer to a question from a reader

My asylum permit has expired. Can I still apply for a work permit?

The short answer

The fact that your asylum permit has expired certainly makes applying for a work permit much more difficult for you.

The long answer

Thank you for your email asking if it is possible to apply for a work permit when your asylum permit has already expired.

The fact that your asylum permit has expired certainly makes applying for a work permit much more difficult for you, and we will include the contact details of a couple of organisations below that may be able to assist or advise you.

The following are the Home Affairs regulations for applying for what they call a General Work Visa:

  • Applications for this visa will have to include a certificate from the Department of Labour confirming the following:

    • despite a thorough search, the prospective employer could not find a South African employee with the skills and experience equivalent to those of the applicant.

    • the applicant has proven skills and experience in line with the job offer.

    • the salary and benefits of the applicant are not inferior to those of citizens or permanent residents.

    • the contract signed by both the employer and applicant stipulates conditions that are in line the labour laws of South Africa.

  • You will also need a document to prove that your qualifications have been approved by the South African Qualifications Authority (SAQA). This document must be translated into one of the official languages of South Africa by a sworn translator

  • The work visa will be valid for a maximum of five years. 

You could ask these organisations for advice and help:

Lawyers for Human Rights (Refugee and Migrant rights Programme (RMRP)) at Johannesburg: 011 339 1960

Cape Town office:
021 424 8561

email: lhr@lhr.org.za

Legal Resources Centre: email: info@lrc.org.za

PASSOP: Cape Town 021 762 0322

Wishing you all the best.

Answered on May 30, 2019, 1:03 p.m.

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