MBABANE – As South Africa intensifies efforts to clamp down on undocumented foreign workers, growing numbers of Emaswati are turning to the South African Embassy in Mbabane in a bid to secure General Work Visas and regularise their employment status.
However, many applicants are discovering that obtaining the permit is easier said than done.
At the centre of the challenge is Requirement Number 19 on the General Work Visa checklist a condition that applicants, employers and immigration officials alike describe as one of the most difficult hurdles in the application process.
The requirement calls for a certificate from South Africa’s Department of Labour confirming that despite a diligent search, the prospective employer has been unable to find a suitable South African citizen or permanent resident with qualifications, skills and experience equivalent to those of the foreign applicant.
It must further certify that the foreign worker possesses the necessary qualifications or proven skills for the position and that the salary and benefits offered are not inferior to those of South Africans occupying similar positions.
The requirement has come under increased scrutiny amid heightened interest in legal work documentation following South Africa’s recent immigration enforcement operations targeting undocumented foreign nationals.
An official at the South African Embassy in Mbabane, who requested anonymity because he is not authorised to speak to the media, confirmed that there has been a noticeable increase in people seeking information and application forms for General Work Visas.
“There has definitely been an influx of people coming to enquire about work visas and the requirements involved,” said the official.
He said many applicants are motivated by a desire to ensure that they are legally compliant amid increased scrutiny of foreign workers in South Africa.
“People want to regularise their status and avoid problems in future. They are taking steps to obtain the correct documentation.”
However, he noted that one requirement repeatedly emerges as the biggest stumbling block.
“Number 19 is usually the most troublesome part of the application. Most people can gather the other documents, but obtaining the Department of Labour certificate is where many applications encounter difficulties,” he said.
According to the official, the challenge lies in the fact that the certificate depends largely on processes outside the applicant’s control.
“The employer has to satisfy the Department of Labour that no suitable South African citizen or permanent resident can be found for the position. That is not always an easy process.”
Among those affected is truck driver Sifiso Dlamini.
Dlamini has been working in South Africa’s transport sector and is seeking to obtain a General Work Visa to regularise his employment status.
Despite having an employer willing to support his application, he says the process has proven frustrating.
“My employer wants me to continue working for the company and has supported my application from the beginning,” said Dlamini.
According to him, the company submitted the necessary motivation explaining why it hired him and why it wishes to retain his services.
“They wrote to the authorities and explained my experience and why they considered me suitable for the position. We thought that would help move the process forward.”
Yet months later, the visa application remains unresolved.
Dlamini said the delay has left him uncertain about his future despite the fact that he continues to perform his duties.
“You want to do things properly and make sure all your documents are in order, but some requirements take a long time to satisfy. The employer has done what is required, but we are still waiting.”
He believes many foreign workers who genuinely want to comply with immigration laws face similar challenges.
“A lot of people are not trying to avoid the law. They want to regularise their status. The difficulty is that some requirements depend on decisions and processes that are beyond their control.”
The General Work Visa checklist issued by the South African Embassy includes a range of supporting documents such as a valid passport, medical reports, police clearance certificates, proof of employment and employer undertakings.
Employers are also required to accept responsibility for costs related to the possible deportation of the employee and dependent family members should it become necessary. They must further undertake to ensure that the employee’s passport remains valid throughout the duration of employment.
Yet immigration officials say none of these requirements generate as many questions as Requirement Number 19.
Worth noting is that employers in South Africa who hire undocumented workers face arrest, criminal prosecution, and direct jail time under an intensified nationwide government crackdown. President Cyril Ramaphosa and the Department of Employment and Labour have transitioned from a system of lenient penalties to a zero-tolerance policy targeting business owners who violate immigration laws.
The South African government is aggressively implementing provisions of the Immigration Act and the Employment Services Act to criminally charge non-compliant business owners. The state has made it clear that employers can no longer simply pay minimal fines as a cost of doing business; repeat offenders and severe violators face direct prison sentences. Under the updated enforcement framework, the government plans to impose harsher fines of up to R100,000 per undocumented worker found on a commercial premise.
Meanwhile the government of Eswatini has urged citizens living, working, studying, visiting, or travelling through South Africa to maintain regular contact with the Kingdom’s diplomatic missions and seek assistance through official consular channels whenever they encounter challenges abroad.
In a statement issued on Tuesday, the Ministry of Foreign Affairs and International Cooperation reaffirmed its commitment to protecting and promoting the welfare of Emaswati residing outside the country, particularly those in neighbouring South Africa.
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