Critical skills visa and remote working

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Critical skills visa and remote working


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Old 3rd June 2020, 06:05 PM
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Smile Critical skills visa and remote working

Hi everyone,

I have a question regarding the Critical Skills Visa, its validity and remote working in another country.
I obtained my CSV in June 2019 and moved to SA a few weeks later where I have been working for a SA company receiving a salary in a SA bank account.
During the coronavirus pandemic I moved back to Europe to stay closer to my family but still work remotely for the SA company.
I have decided for several reasons that I won't be living in SA anymore but would still like to be able to work remotely for the same employer if possible.
In this scenario:
- Does the CSV allow for someone to be employed by a SA company in a SA bank account but live outside SA?
- Would I even need a CSV since I'm performing the work in another country?
- If the CSV is not valid but also not necessary since the work is performed in another country could I still keep my SA bank account and be paid in there?
- Would the company have any legal responsibilities if they pay me in SA but I live abroad?

Sorry for the long post, I appreciate any help

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Old 5th June 2020, 04:44 PM
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Hi,
Unfortunately I don't have answers.
I'm in a similar situation but in reverse. I have a spousal permit with endorsement to work in SA. I'm currently employed by a SAn company. I have an offer from an English company, with offices in London. They do not have offices in SA and I would need to work from home. Also, the company has no company registration number here. I would be paid via my SAn bank account and still pay tax in SA. Could this be a problem when updating my employer details on my visa?
Sorry for jumping on your thread anonDuck, but maybe someone with knowledge can help us both.

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Old 8th June 2020, 07:23 AM
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Quote:
Originally Posted by anonDuck View Post
Hi everyone,

I have a question regarding the Critical Skills Visa, its validity and remote working in another country.
I obtained my CSV in June 2019 and moved to SA a few weeks later where I have been working for a SA company receiving a salary in a SA bank account.
During the coronavirus pandemic I moved back to Europe to stay closer to my family but still work remotely for the SA company.
I have decided for several reasons that I won't be living in SA anymore but would still like to be able to work remotely for the same employer if possible.
In this scenario:
- Does the CSV allow for someone to be employed by a SA company in a SA bank account but live outside SA?
- Would I even need a CSV since I'm performing the work in another country?
- If the CSV is not valid but also not necessary since the work is performed in another country could I still keep my SA bank account and be paid in there?
- Would the company have any legal responsibilities if they pay me in SA but I live abroad?

Sorry for the long post, I appreciate any help
I think as long as you work for SAn company legally (i.e keep your CSV valid at all times. I'm not sure if you can renew it outside SA) and your company is okey with you working remotely you should be good. Temporary residence is different from PRP. With PRP you can not stay out of SA for a straight, (I think it's) 3 years without losing your PRP status.

Your company will only be in trouble if they let you continue working with expired visa.

My 1c, not legal advice


Last edited by legen; 8th June 2020 at 07:31 AM.
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Old 8th June 2020, 07:30 AM
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Originally Posted by ForwardAll View Post
Hi,
Unfortunately I don't have answers.
I'm in a similar situation but in reverse. I have a spousal permit with endorsement to work in SA. I'm currently employed by a SAn company. I have an offer from an English company, with offices in London. They do not have offices in SA and I would need to work from home. Also, the company has no company registration number here. I would be paid via my SAn bank account and still pay tax in SA. Could this be a problem when updating my employer details on my visa?
Sorry for jumping on your thread anonDuck, but maybe someone with knowledge can help us both.
The short answer is you won't be able to renew your visa (or at least the work endorsement part) with a non SA company. That's unfortunate. But if you are legally allowed to work and earn salary in London, I also think you will be good with just spousal (without work endorsement) as you are technically not working in SA but you still need permit to stay legally in SA.

My 1c, not legal advice

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Old 9th June 2020, 08:35 AM
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Users Flag! Originally from zimbabwe. Users Flag! Expat in southafrica.
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Quote:
Originally Posted by anonDuck View Post
Hi everyone,

I have a question regarding the Critical Skills Visa, its validity and remote working in another country.
I obtained my CSV in June 2019 and moved to SA a few weeks later where I have been working for a SA company receiving a salary in a SA bank account.
During the coronavirus pandemic I moved back to Europe to stay closer to my family but still work remotely for the SA company.
I have decided for several reasons that I won't be living in SA anymore but would still like to be able to work remotely for the same employer if possible.
In this scenario:
- Does the CSV allow for someone to be employed by a SA company in a SA bank account but live outside SA?
- Would I even need a CSV since I'm performing the work in another country?
- If the CSV is not valid but also not necessary since the work is performed in another country could I still keep my SA bank account and be paid in there?
- Would the company have any legal responsibilities if they pay me in SA but I live abroad?

Sorry for the long post, I appreciate any help

- Does the CSV allow for someone to be employed by a SA company in a SA bank account but live outside SA?

It's a grey area. There is no law explicitly prohibiting you from working remotely or mechanism to monitor this. However, certain FICA and tax related laws will apply that could be an inconvenience in the long run. You will need an SA address for your visa renewal, banking, tax returns, etc


- Would I even need a CSV since I'm performing the work in another country?

If you are receiving income in a SA bank acount you are working in SA. You need valid residency to have a bank account in SA. A non-resident account would not apply to you as these are not allowed to receive money originating from inside SA.

- If the CSV is not valid but also not necessary since the work is performed in another country could I still keep my SA bank account and be paid in there?

Above

- Would the company have any legal responsibilities if they pay me in SA but I live abroad?

Yes. You are just like any other foreign worker. Immigration responsibility, tax responsibility, etc

In short, if you intend on living in Italy, you would need to open an account there and have the company hire you from Italy, paying your salary into an Italian bank account (which means they need to be registered in Italy to some extent and pay tax too). People (and companies) need visas to work in or enter different countries and territories, it's just not something you can evade tbh.

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Old 9th June 2020, 08:45 AM
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Quote:
Originally Posted by ForwardAll View Post
Hi,
Unfortunately I don't have answers.
I'm in a similar situation but in reverse. I have a spousal permit with endorsement to work in SA. I'm currently employed by a SAn company. I have an offer from an English company, with offices in London. They do not have offices in SA and I would need to work from home. Also, the company has no company registration number here. I would be paid via my SAn bank account and still pay tax in SA. Could this be a problem when updating my employer details on my visa?
Sorry for jumping on your thread anonDuck, but maybe someone with knowledge can help us both.
This is a bit more simple. You can work with just your spousal visa (without work endorsement) but for the employment to be legal you would need to open a non-resident account in whgich you can only receive funds from abroad (It's still a South African account but can only receive funds originating from outside SA. If you are receiving money in a local account performed anywhere, both you and the company have tax/legal obligations in SA)

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