Taking up employment based on a permit specifying I'm allowed to run my business
Aug 7th 2014, 12:04 am
#1
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Joined: Aug 2014
Location: Johannesburg
Posts: 11
Taking up employment based on a permit specifying I'm allowed to run my business
After 9 months in limbo not being able to work or leave the country for fear of not being allowed back in as I had overstayed my 90 day visa, I finally got my temp residency (spousal visa) with endorsement allowing me to run my business.
My question is this; say I get a job offer, am I allowed to work with this temporary residency or do I now have to apply for a separate work permit? Having said that, my (South African) wife is now pregnant. Does this change anything? I hear I get permanent residency automatically after the little one arrives. Is this true? and how long does the process take?
PS. Thanks for all the useful threads and replies. BE has proved quite informative.
My question is this; say I get a job offer, am I allowed to work with this temporary residency or do I now have to apply for a separate work permit? Having said that, my (South African) wife is now pregnant. Does this change anything? I hear I get permanent residency automatically after the little one arrives. Is this true? and how long does the process take?
PS. Thanks for all the useful threads and replies. BE has proved quite informative.
Last edited by FijiUK; Aug 7th 2014 at 12:14 am.
Aug 9th 2014, 5:54 am
#2
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Joined: Apr 2007
Location: Home, I think.
Posts: 9,217
Re: Taking up employment based on a permit specifying I'm allowed to run my business
Hi, welcome to BE and thanks for posting, and congrats on the impending arrival.
Firstly, your ability to work depends on what your visa says. Sometimes an accompanying spouse visa specificies which company you can be employed by (including your own business). If it doesn't make that distinction on the visa itself, and a company is satisfied that it isn't breaking any immigration laws then you can probably work anywhere, assuming its a working spousal visa. If it doesn't make any mention of employment (and the visas are currently being updated, so I'm not sure which one you have) then you probably can't. There are a number of immigration lawyers around who can confirm - at very low cost.
Secondly, your best bet to get residency is to follow the naturalisation through marriage path. If you're married and have an unabridged marriage certificate, you can become a resident very easily - see here Department of Home Affairs - Department of Home Affairs. I think you only need to prove you've been married for 2 years. That's what I did - the process took 9 months from beginning to end, including residency and an ID book! which let's you do pretty much anything.
I don't think having a child in SA gives you any rights at all - but they can automatically become citizens as their mother is South African and they were born here.
Firstly, your ability to work depends on what your visa says. Sometimes an accompanying spouse visa specificies which company you can be employed by (including your own business). If it doesn't make that distinction on the visa itself, and a company is satisfied that it isn't breaking any immigration laws then you can probably work anywhere, assuming its a working spousal visa. If it doesn't make any mention of employment (and the visas are currently being updated, so I'm not sure which one you have) then you probably can't. There are a number of immigration lawyers around who can confirm - at very low cost.
Secondly, your best bet to get residency is to follow the naturalisation through marriage path. If you're married and have an unabridged marriage certificate, you can become a resident very easily - see here Department of Home Affairs - Department of Home Affairs. I think you only need to prove you've been married for 2 years. That's what I did - the process took 9 months from beginning to end, including residency and an ID book! which let's you do pretty much anything.
I don't think having a child in SA gives you any rights at all - but they can automatically become citizens as their mother is South African and they were born here.
Sep 2nd 2014, 8:40 pm
#3
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Joined: Aug 2014
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Re: Taking up employment based on a permit specifying I'm allowed to run my business
Thanks Ededed for the useful feedback and apologies for the late response.
I guess I would stick within the dictate of whats stated on the permit for now and see if there is any scope for reissuing it to allow me take up employment if in future I find the need to.
The Mrs just reminded me my permit is good for 3 years (Aug 2017). Our 2nd anniversary is July next year so I hope to apply then and hopefully it comes out before the temporary permit expires.
I guess I would stick within the dictate of whats stated on the permit for now and see if there is any scope for reissuing it to allow me take up employment if in future I find the need to.
The Mrs just reminded me my permit is good for 3 years (Aug 2017). Our 2nd anniversary is July next year so I hope to apply then and hopefully it comes out before the temporary permit expires.
