Do You Employ Foreign Nationals in South Africa?

Is Your Business Immigration Compliant?

Employing foreign nationals in South Africa can create immigration and employment compliance obligations for employers.

LexMigrate assists businesses with Foreign National Employment & Immigration Compliance Audits designed to identify potential immigration compliance concerns within their workforce and provide practical guidance on appropriate corrective steps.

If your business employs foreign nationals, an immigration compliance review can help you understand whether the documentation held for those employees is appropriate for their current employment circumstances.

When Should an Employer Consider an Audit?

A foreign national employment audit can be particularly useful when a business has recruited new foreign employees, inherited employee records following changes in HR personnel, or has not reviewed immigration documentation for some time.

Employers may also wish to conduct a review where an employee has changed position, responsibilities or employment circumstances, or where immigration documentation is approaching expiry.

LexMigrate’s approach is to review the available information and documentation, identify matters requiring attention and provide practical guidance on the appropriate immigration steps where necessary.Why Should Employers Review Their Foreign National Workforce?

Employers should not assume that because a foreign national holds a visa or permit, that document necessarily authorises the particular employment being undertaken.

The immigration position may depend on factors including the type of visa or status held, applicable conditions, the employer, the position being occupied and the employee’s individual circumstances.

Changes in an employee’s role or circumstances may also warrant further consideration.

A proactive review can identify potential concerns before they develop into more serious compliance issues.

What Does Our Foreign National Employment Audit Cover?

Depending on the circumstances of your business and workforce, LexMigrate can review matters including:

• the immigration status of foreign nationals in your employ;
• visas, permits and other immigration documentation presented by employees;
• relevant conditions or restrictions reflected in immigration documentation;
• whether documentation appears consistent with the employee’s current employment circumstances;
• expiry dates and potential immigration-related risks;
• areas requiring further investigation or clarification;
• potential corrective immigration steps; and
• immigration considerations when recruiting foreign nationals.

Following the review, we can advise on identified immigration concerns and appropriate next steps.

Do You Know the Immigration Status of Every Foreign National You Employ?

Businesses grow. Employees change roles. Documents expire. HR personnel change.

As a result, an employer may not always have a complete picture of the immigration position of every foreign national within its workforce.

A structured immigration compliance audit provides an opportunity to review those records systematically.

This may be particularly valuable for businesses employing multiple foreign nationals or businesses that have not recently reviewed their foreign-national employee documentation.

Who Is This Service For?

Our Foreign National Employment & Immigration Compliance Audit may be suitable for:

• South African employers employing foreign nationals;
• HR departments;
• businesses recruiting foreign workers;
• companies with multiple foreign-national employees;
• employers concerned about the immigration status of an existing employee;
• businesses preparing for internal compliance reviews; and
• employers requiring immigration guidance when an employee’s circumstances change.

More Than a Document Checklist

Immigration compliance cannot always be determined simply by checking whether an employee possesses a document.

The relevant question may be whether the person’s immigration status and applicable conditions are appropriate for the work they are actually performing.

Where concerns are identified, LexMigrate can advise on the immigration position and potential steps available to address them.

Request a Foreign National Employment Compliance Audit

If your business employs foreign nationals in South Africa, LexMigrate can assist you in reviewing your workforce from an immigration compliance perspective.

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Every business and employee’s circumstances are different. The scope of an audit and any subsequent immigration advice will depend on the facts and documentation presented.