Job Changes and Critical Skills Work Visas

By Aabeed Abdullatief | Director

Steps employers and employees can take when employment ends

South Africa is seeing an increase in queries from employers and foreign employees where a work visa (often a Critical Skills Work Visa) appears to remain valid on its face, but the employment relationship has ended due to retrenchment or the expiry of a fixed-term contract.

The key point is that the printed expiry date is not the only compliance consideration. Work visas are issued on specific terms and conditions and a change in employment can trigger practical and legal risk if it is not managed promptly and correctly.

What is a Critical Skills Work Visa?

A Critical Skills Work Visa is a work visa intended for foreign nationals whose occupation falls within South Africa’s designated critical skills categories. The Department of Home Affairs’ published requirements make it clear that the application is tied to a particular critical skill/occupation and requires, among other documents, a valid offer of employment or contract of employment and an employer undertaking.

In other words, Critical Skills is not simply a “time-based permission to stay” until the expiry date. It is a permission to work in South Africa under defined conditions.

The Recurring Challenge

When employment ends, parties often assume the visa remains “safe” until its expiry date. This creates three common risks:

1. Non-compliance with visa conditions. If the visa is linked to an employer, role or occupation, a material change can place the holder outside the approved terms, even if the visa has not yet expired.
2. Overstay risk when timelines are missed. Where a person delays regularising their position and the visa later expires, overstaying carries serious consequences, including being declared undesirable in certain circumstances.
3. Operational and reputational exposure for employers. Employers can inadvertently create risk by allowing a person to continue working (or to “transition informally” while a new arrangement is considered) without ensuring that immigration status and conditions remain correct.

Where a foreign employee’s employment ends, treat it as a compliance workflow, not an admin detail.

• Confirm the facts in writing. Record the last working day, the reason employment ended (retrenchment, contract expiry, resignation), and the role held.
• Review the visa conditions before any further work is done. Check what the visa allows in practice. Immigration Regulations expressly contemplate that visas carry individual terms and conditions, including limitations on activities and validity.
• Do not assume the employee can work for a new entity or in a new role immediately. A new employer, materially different role, or different occupation often requires a proper immigration step, not an informal continuation.
• Plan around the 60-day rule for in-country changes. If the employee will be applying in South Africa for a change of status or change of terms and conditions, the Regulations provide that such applications are generally submitted no less than 60 days prior to visa expiry. This can become a problem if employment ends close to expiry and no plan is in place.

Retrenchment or Contract Expiry – Employee Actions

Although the employer should drive the compliance workflow, employees should also be advised clearly:

• Do not rely solely on the expiry date.
• Do not start work with a new employer until status and conditions have been confirmed and addressed.
• Get advice early on the correct pathway (for example, whether an application is required, where it must be lodged, and what documentary proof is needed), especially if the visa expiry date is approaching.

Practical implications for HR and in-house counsel

This is a predictable risk area, and a simple internal process reduces exposure:

• Flag all foreign employees and diarise visa expiry dates well in advance.
• Build an “immigration check” into retrenchment and fixed-term contract exit processes.
• Ensure managers understand that “a valid visa sticker” is not the same as “permission to work in any role for any employer”.

Closing note

Critical Skills Work Visas remain a valuable route for employers to attract scarce talent, but they require disciplined handling when employment ends. A short delay, a role change, or an informal extension can quickly turn into a compliance issue.