Dha Form 48 - Application For Waiver Of Prescribed Requirements - Republic Of South Africa Department Of Of Home Affairs Page 5
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5Temporary residence permits
In order to satisfy the Director-General that the issuing of a work permit to a foreigner would
promote economic growth and would not be to the disadvantage of South African citizens or
permanent residents, documentary proof must be submitted that a diligent search had been
done and that the employer had been unable to employ a local candidate with qualifications or
skills and experience equivalent to those of the applicant. This requirement is satisfied by
means of an advertisement in the national printed media, which would afford South African
citizens and permanent residents the opportunity to compete for the position.
In terms of section 31(2)(c) of the Act, the Minister may, for good cause, waive any
prescribed requirement or form. Should a foreigner thus not be able to comply with the above
requirements, he/she or the employer may request the Minister to exempt the applicant from
submitting the relevant document(s). The following documents have to accompany this
application:
(a)
A letter signed by the employer,
citing
the requirements to be waived and a
comprehensive motivation for each requirement.
(b)
A copy of the applicant's curriculum vitae.
(c)
A copy of the applicant's passport and all temporary residence permits affixed therein.
(d)
A copy of the employment contract signed by both the employer and the employee.
(e)
Background on the company/institution for record purposes.
Should the request be considered favourably, a letter will be forwarded to the applicant or
his/her employer, which has to be submitted with the application and remaining requirements at
the nearest Regional Office of the Department or South African foreign office if the applicant is
still abroad.
Permanent residence permits
In terms of section 31(2)(c) read with section 27 of the Immigration Act, 2002 (Act No 13 of
2002), and the permanent residence application form BI-947, the Minister may, for good cause,
waive any prescribed requirement or form. Should a foreigner thus not be able to comply with
any of the requirements, he/she may request the Minister to exempt the applicant from
submitting the relevant document(s). The following documents have to accompany this
application:
(a)
A letter signed by the applicant, citing the requirements to be waived and a comprehensive
motivation for each requirement.
(b)
A copy of the applicant's curriculum vitae.
(c)
A copy of the applicant's passport and all temporary residence permits affixed therein.
(d)
A copy of the employment contract signed by both the employer and the employee. if
applicable.
(e)
Background on the company/institution for record purposes.
(f)
Business Plan, Bank or financial statements, if applicable
(g)
Recommendation from the Department of Trade and Industry, if the application is made in
respect of a business being conducted in the Republic.
266
No. 37679
GOVERNMENT GAZETTE, 22 MAY 2014
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