South African employers frequently face uncertainty about when they may lawfully employ foreign nationals and the duties they must fulfil to comply with immigration law and avoid criminal liability.
This article assists legal practitioners advising employers on lawful employment, the principal forms of work authorisation and employer duties under the Immigration Act 13 of 2002, as amended (the Act), and the Immigration Regulations, 2014. It also explains when employment may lawfully continue under Immigration Directive No 7 of 2026 while a visa application or appeal remains pending. The requirements and procedures for obtaining work visas fall outside the scope of this article.