You may only employ a foreign national who holds a valid work visa covering the actual work they will do, and employing someone undocumented is a criminal offence. The two main routes are the Critical Skills Work Visa and the points-based General Work Visa under the Immigration Act 13 of 2002 and the May 2024 regulations. The much-discussed foreign-worker quotas for construction are proposed, not law: the Employment Services Amendment Bill (B16-2026) was introduced to Parliament on 29 May 2026 and has not been enacted.
The visa routes
- Critical Skills Work Visa: for occupations on the Critical Skills List; listing scores an automatic 100 points. Up to 5 years, renewable, with a pathway to permanent residence.
- General Work Visa (GWV): points-based, minimum 100 points, and a job offer is mandatory. Up to 5 years.
- Intra-Company Transfer Visa: secondment within the same corporate group; not subject to the points system.
- Corporate Visa: one application by a company for multiple workers, which must demonstrate failed efforts to recruit South Africans.
Points under the May 2024 system come from: a Critical Skills List occupation (100, instant qualification), qualifications (50 points for NQF 9 or 10, 30 for NQF 7 or 8), salary (50 points above R976,194 a year, 20 points for R650,976 to R976,194), experience (20 points for 5 to 10 years, 30 for more than 10), trusted-employer status (20 to 30) and proficiency in an official SA language (10). If a SAQA qualification evaluation is still pending, a 12-month bridging visa can be issued, with the full visa following on confirmation.
The Critical Skills List
The list covers occupations in architecture and the built environment, engineering (civil, structural, mechanical, electrical) and certain trades, with artisan coverage varying by sub-category. The vintage matters: the latest gazetted list as of mid-2026 is the 2023/24 list, which is still operative. Re-check the current list at the Department of Home Affairs before building a hire around it, because an update can land at any time.
Your obligations as the employer
- Verify the visa before day one. The visa must authorise that specific type of work for that employer category; a visitor's visa or an asylum document with work restrictions does not cover your site.
- Keep certified copies of the passport and visa on file for every foreign worker.
- Run them through payroll like anyone else. PAYE, UIF and COIDA apply equally to lawfully employed foreign workers, and they hold the same labour-law rights as South African citizens, including the BCEA floors in Employing your first worker.
- Expect inspections. Department of Employment and Labour and Home Affairs compliance inspections of construction sites intensified from 2025, often jointly with SAPS.
The quota proposals: proposed, not law
The Employment Services Amendment Bill (ESAB, B16-2026) was introduced to Parliament on 29 May 2026, following Cabinet approval of the National Labour Migration Policy (NLMP) 2025 White Paper in May 2025. The Bill would give the Minister power to set sector-specific, occupational or geographic quotas on employing foreign nationals, with construction explicitly named alongside agriculture, hospitality and tourism, and with exemptions where critical skills are required.
As of June 2026 the Bill is at the public participation and Parliamentary stage. It is not enacted, and quotas are not enforceable. The White Paper is approved policy, but it needs the ESAB to become law before any quota can bind you. Do not restructure your crew on the strength of headlines; monitor www.parliament.gov.za for the Bill's progress.
The undocumented-labour double risk
Employing undocumented foreign nationals is an offence under the Immigration Act, with fines and prosecution on the employer side. The twist many employers miss: undocumented workers still retain labour-law rights. They can claim unpaid wages and approach the CCMA. So an employer running an undocumented crew carries both the criminal exposure and the full set of employment claims, with none of the paperwork that would let them defend a dispute. See Dismissals and the CCMA for how fast that goes wrong.
Common mistakes
- Taking a passport stamp at face value. Verify the visa type and its work authorisation, not just its date.
- Treating foreign workers as off-book. PAYE, UIF, COIDA and the minimum wage all apply; "they are foreign" is not a payroll category.
- Acting on the quota Bill early. It is proposed, not law; firing foreign workers to pre-empt it creates unfair dismissal liability now.
- Relying on an old Critical Skills List printout. The 2023 list is still operative as of mid-2026, but re-check before each hire.
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