Can you change from Intra Company to CSV with SA? Has anyone used IRMSA?

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Can you change from Intra Company to CSV with SA? Has anyone used IRMSA?


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Old 10th June 2019, 04:47 PM
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Default Can you change from Intra Company to CSV with SA? Has anyone used IRMSA?

Hi all,

I know this has been asked multiple times here. I have read all of the responses and i'm still confused so here we go.

1. Can one change from an Intra Company to a CSV within South Africa?

2. Has anyone recently got a CSV using IRMSA?

I am a tax consultant based in Zimbabwe and have a job offer from one of the biggest audit firms in South Africa. I'm trying to decide what's better between an ICT and CSV using IRMSA. Please share your thoughts. Thanks in advance

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Old 11th June 2019, 11:57 AM
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Hi,

Full disclosure: I am not an expert, have neither applied for or obtained a visa yet and have no knowledge of IRMSA (tax and risk is not even my field). I am in the same situation as you, i.e., simply exploring and researching options. I’ll share what I have read and understood thus far, for what it’s worth (valuation is two cents at most).

Yes, by law, you can apply for change of status with an ICTV; however, these requests are routinely denied in application by immigration government officials, whether intentional by some non-public directive or misinterpretation/misapplication of the law. An ICTV will be issued for a maximum of four years, but you may not even be granted that duration. An ICTV cannot be renewed.

A CSV will be issued for a maximum of five years, but it does allow you to apply for permanent residence eventually. I don’t know anything of IRMSA, but if that is the SAQA recognized professional body that certifies people in your profession in SA, it should be fine. I think you must obtain proof of membership + a critical skills qualifying letter from them. Suggestions: 1) call IRMSA and ask if they offer this to CSV visa applicants, 2) ask your employer if they are right body to register with, 3) ask others/continue your research, 4) consultant with an SA immigration lawyer, 5) look up your profession on SAQA’s website and read all of the qualifying factors, 6) look up IRMSA on SAQA and see if they are the right body, 7) make sure your critical skill is on the Home Affairs list, and 😎 make sure your employment contract states a job title that includes the precise wording of job title/skill stated on the critical skills list (or ask the employer to revise your letter if you go this route).

If you are looking to remain in SA permanently, and you can negotiate a little flexibility with your employer regarding your start date before your move, I would go for the CSV to avoid the potential hassle and disappointment down the road. It should (in theory) take only 3-4 weeks to obtain. If you obtain an ICTV, however, you could be denied a status change later, then you’d have to appeal, or apply again, or hire an immigration lawyer to help you navigate. Additionally, if you obtain an ICTV and later are approved for a status change to CSV, you will essentially be resetting the clock with your new CSV tenure and delay your path to permanent residence, so hypothetically, it could take you nine years (up to 4 on ICTV plus up to 5 on CSV).

Best of luck to you! I would love to hear how things go down the road.

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Old 11th June 2019, 05:03 PM
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Quote:
Originally Posted by Simbarashe View Post
Hi all,

I know this has been asked multiple times here. I have read all of the responses and i'm still confused so here we go.

1. Can one change from an Intra Company to a CSV within South Africa?

2. Has anyone recently got a CSV using IRMSA?

I am a tax consultant based in Zimbabwe and have a job offer from one of the biggest audit firms in South Africa. I'm trying to decide what's better between an ICT and CSV using IRMSA. Please share your thoughts. Thanks in advance
Not an answer to your question, but a reminder to the interpretation of the Immigration Act:

You DO NOT need a CSV to be eligible to apply for Permanent Resident Permit.

All you need is to prove you have the critical skill listed; and

if you submit your PRP application in RSA, you need to have a legal status for the whole application process.

So there is an alternative for you if you are certain that you have meet all the requirements of possessing critical skill. You can apply for a Intra-Company Visa first (it is comparatively easier to obtain), and then when you start working in SA, you can submit all the documents to apply for permanent residence permit directly on the basis of your critical skill.

It takes about 6 months or so to get the result of the PRP application.

If you get a 4 year Intra-company visa, you can try at least 3 or 4 times in SA.

However, the disadvantage is obvious. The duration of your staying in SA on a Intra-company Transfer Visa will not the counted into the 5-year continuous working to be qualified for 26(a) in the Immigration Act.

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Old 13th June 2019, 05:52 PM
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A straight forward answer to your question is No. One cannot apply for a change from an ICT to any type of visa within SA.

With regard to your second question, you need to fall within a prescribed critical skill for you to apply for a critical skills visa. Each has a professional body which is governed by. To confirm whether you qualify one may need to get an assessment of skills in conjunction with qualification.

You may need to get a professional advise a detailed case assessment. You welcome to inbox me for further particulars
mawire likes this.

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Old 20th June 2019, 11:37 AM
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Users Flag! Originally from zimbabwe. Users Flag! Expat in southafrica.
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Quote:
Originally Posted by Ronny View Post
A straight forward answer to your question is No. One cannot apply for a change from an ICT to any type of visa within SA.

With regard to your second question, you need to fall within a prescribed critical skill for you to apply for a critical skills visa. Each has a professional body which is governed by. To confirm whether you qualify one may need to get an assessment of skills in conjunction with qualification.

You may need to get a professional advise a detailed case assessment. You welcome to inbox me for further particulars
@Ronny, can one change a ZSP visa to Spousal visa with conditions to work in SA or one has to travel back to Zim?

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