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work permit - options to start work/come back for final permit

work permit - options to start work/come back for final permit

Old Dec 13th 2010, 10:31 pm
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Default work permit - options to start work/come back for final permit

hi all,

everyones been really helpful so far, just looking for a bit of advice as our timetable is getting out of sequence due to a somewhat 'steady' approach by SA bodies (can't see that surprising anyone!).

situation is that job offer is complete and accepted. all of our various checks / Xrays etc are done and paperwork completed. one exception is SAQA certificate is delayed due to a mix up in SA. therefore I cannot yet go to the SAHC and finalise my visa application (general work permit).

the company employing me are desperate for me to start asap, ideally jan 1st. can't see a couple of weeks over and above that causing a severe issue but you know what new employers can be like. i have resigned from my UK job due to the inability to work 3 months notice then apply etc etc.

my question is:
if i cannot get my visa application in prior to xmas how feasible is it to go over anyway with my family early jan, get started at work and then nip back once visa is ready (presumption here is i need to collect it in person, doubt whether a third party can collect and send?). apart from the obvious 'you're not meant to do that' does it cause an issue with stamping of the visa on re-entry to SA? could i open an SA bank account without visa etc on arrival?

i have relatives over there who have sorted a house and could pay our outgoings until sorted if bank account is an issue. i am more concerned about what happens if something goes wrong on re-entry etc. so far i havent spoken to the company about this.

i totally get its not ideal, what i want to know is if its technically possible and how big the risk is. what i already acknowledge and accept is the risk it could be refused anyway for whatever reason they fancy, if that happens i'll just shrug my shoulders and go to plan z!

advice welcome please
man utd fan
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Old Dec 14th 2010, 8:28 am
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Default Re: work permit - options to start work/come back for final permit

Howzit!

Pablo is more of an expert than me on these things so I would suggest his advise is taken as gospel - mine is more opion through experience.

I do know that opening bank accounts etc without a work permit will be impossible due to tight constraints around FICA - which is the financial act passed to tighten up on the banks and lending in general.

Knowing HA and customs as I do, it is probable that you could enter on a tourist visa and work for a few months undetected, leave, pick up your visa in the UK and re-enter on a work permit. It is (I believe) valid to come here on a tourist visa for an extended stay (up to 3 months) which includes interviews, house-hunting etc in lieu of a job offer - but the visa will stipulate you can't work. The reality is HA will almost certainly not catch you, but I don't know if your company would take the risk of employing you without the correct paperwork - mine certainly wouldn't - there will be huge fines and the like if they get caught, and all you need is a disgruntled co-employee to pick up the phone and then you are screwed....

Good luck!

Ed
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Old Dec 14th 2010, 9:23 am
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Default Re: work permit - options to start work/come back for final permit

thanks Ed, helpful as ever, appreciate that.

i am talking to my company this morning about 'risk'. its as much about the sequencing of visa stamps etc i am worried about, eg any impact on my wife and kids as they would stay in SA whilst i fly out and back in.

i guess other people do this, you are right i can do 3 months as a visitor but this obviously does not permit any work, 'officicially'. I guess my upside is i can get by due to house and bills being taken care of by relatives and UK bank cards etc for ancilliary items for a while.

if anybody else has experience of this would be great to hear from them.

man utd fan (still smiling after a rotten arsenal performance last night!)
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Old Dec 14th 2010, 9:51 am
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Default Re: work permit - options to start work/come back for final permit

I agree with what Ed says.

One thing. From what you have said, there is no definite indication that your work permit will be granted. Have you been told that your permit will definitely be granted? if not, you need to consider the implications.

As for the risks in general, the trouble is, SA bureaucracy is so chaotic that it's hard to predict what you can get away with and what you can't. It would be foolish of me to try and make a definite prediction.

Last edited by Pablo; Dec 14th 2010 at 9:54 am.
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