South African immigration research
Employer immigration compliance after onboarding
An employee record needs attention after the start date. Immigration permission, actual work and employer records can move out of alignment when a role changes, a new decision arrives or responsibilities pass between teams. Section 38 includes continuing record and reporting duties. [B02A01] A useful internal review checks what has changed and who must act.
On this page
- Before you start
- Maintain an index without treating a spreadsheet as legal clearance
- Know which records the immigration rules describe
- Test what the file can actually demonstrate
- Review events as well as dates
- Give reporting a named owner
- Pending applications need outcome monitoring
- Fictional example: the reminder survives, but the assumption changes
- Run a focused internal review
- Questions people ask
- Turn a gap into a useful next action
- Official sources for this guide
Before you start
This guide is an educational review method. It does not audit your business, verify an employee's status or certify compliance. For recruitment preparation, start with hiring foreign workers; for the whole process, use the employer overview.
Maintain an index without treating a spreadsheet as legal clearance
Keep an internal index that helps authorised staff locate the relevant record and identify a review trigger. Useful fields include the actual employing entity, role description, document category, relevant dates, known conditions, responsible owner, last review and unresolved action.
The index should point to the controlled supporting file. It is not a substitute for the document, verification or advice. A green cell entered by an administrator does not establish permission; record what was checked and by whom rather than relying on a colour alone.
Use fictional data when testing your index. This educational site does not collect employee passports or offer an employer dashboard.
Know which records the immigration rules describe
Regulation 35 specifies record categories including certified passport particulars, the relevant visa or permanent-residence record, employment capacity, and the prescribed earnings/job-description records. [B02A02] Section 38(4) provides for keeping prescribed records for two years after termination. [B02A01]
Use that immigration provision as one part of the organisation's retention review. It is not a universal instruction to delete every employment, payroll or dispute record on that date. Have the responsible records and privacy owners reconcile the applicable obligations and access arrangements.
Check whether an index item points to the correct version, whether the relevant conditions can be found and whether employment facts remain consistent. If a record is absent or contradictory, log the gap and the owner needed to resolve it rather than marking the file complete.
Test what the file can actually demonstrate
Use an evidence/gap/action note to examine a file. The examples below are fictional review findings, not conclusions about any employee's status:
| Evidence observed | Gap to record | Next action to assign |
|---|---|---|
| The index lists a current document, but its link opens an older version | The review cannot be reproduced from the file provided | Records owner locates the correct version; reviewer checks whether the prior conclusion changes |
| A role description differs between the employment record and the permission file | It is unclear whether the difference is wording or a substantive change | HR supplies the actual duties; responsible reviewer examines the discrepancy |
| An outcome email is present, but the index still says “pending” | The operational owner may be using an outdated assumption | Decision recipient routes the actual outcome for review and updates the action record |
| A required record category cannot be located | The supporting record is missing or its location is unknown | Named owner establishes what exists and what must be obtained; do not invent or backdate evidence |
A missing file is an evidence gap; it is not itself this site's finding that an employee is unlawfully working. Conversely, a full folder is not a legal pass. Keep the observation and the conclusion that requires professional review separate.
Review events as well as dates
| Event | What to put back into review | Useful action record |
|---|---|---|
| Role or duties change | Whether the actual work remains within the relevant permission | Proposed change, reviewer and unresolved conditions |
| Employing entity changes | The actual employer and the authority relied on | Old/new entity facts and the review result |
| New visa decision or other outcome arrives | Which earlier assumption or interim authority it replaces | Decision date, communication and next action |
| Employment ends | Applicable reporting and record obligations | Responsible contact, action taken and file-retention review |
| A document or review date approaches | Applicable advance steps and evidence still needed | Preparation owner and professionally verified timing |
These are proposed control points, not a promise that every event has the same legal consequence. Do not infer that a change is permitted or prohibited until the actual facts and authority have been examined.
Give reporting a named owner
Section 38(4) addresses reporting termination and breaches of status to the Director-General. [B02A01] Assign responsibility for identifying a reportable event, obtaining the appropriate review and carrying out the required action through the proper channel.
Keep a record of the event, the decision on what is required, who acted and the evidence of that action. This guide does not invent a universal reporting deadline or email address. Check the applicable requirement and procedure; an internal payroll update should not be assumed to complete an external immigration step.
For an intra-company transfer, also keep the assignment-specific commitments visible. The transfer regulation addresses the specific position, compliance and a skills-transfer plan, subject to any exact applicable waiver. [B02A02] Read the ICT guide for the category's distinct limits rather than assuming that ordinary local-hire records cover it.
Pending applications need outcome monitoring
Where a file relies on a temporary concession, record the exact authority and its conditions, not just “application pending”. Directive 7 of 2026 states that its concessions cease immediately on receipt of the outcome and requires compliance with that decision. [B02A03] An index left unchanged after an outcome can therefore miss an important event.
Ask who receives decisions, who checks them and who updates the operational owner. Do not assume a distant application administrator will automatically tell the hiring manager. This is a communication control, not a conclusion about any employee's right to work while waiting.
Fictional example: the reminder survives, but the assumption changes
An HR index has a future review reminder based on a pending process. A decision arrives before that reminder. The file owner routes the decision for review and updates the next action instead of waiting for the calendar alert. The example is fictional; it does not say what that decision grants or requires in any actual case.
Run a focused internal review
Select the files affected by a change, an approaching date or an unresolved gap. Compare the current employment description with the authority and records relied on. Give each issue an owner and a next step. Preserve the original evidence and the explanation for any correction; do not silently replace a document to make an index look consistent.
Set the review frequency according to the organisation's actual work and risks. This page does not claim a statutory monthly or quarterly audit interval. If a present permission problem is suspected, do not wait for a routine review to obtain appropriate individual attention.
Questions people ask
Does an unexpired document settle the review?
No. The actual employer, terms and capacity also matter under section 38. [B02A01] The continuing review should identify discrepancies rather than checking dates alone.
Must every document be kept in one open HR folder?
This guide recommends an index and controlled supporting records, not unrestricted access. Agree appropriate storage and access with the responsible privacy/records owner. Do not use a general enquiry channel to collect employee documents.
Does the two-year immigration rule settle all retention?
It addresses the prescribed immigration records after termination. [B02A01] The organisation still needs its applicable wider retention position reviewed; this is not a complete employment or privacy policy.
Can an internal review replace advice on a difficult case?
No. It can reveal a missing record, proposed change or unresolved question. It does not adjudicate status, impose employment action or certify the business.
Turn a gap into a useful next action
Describe the discrepancy without sharing the employee's documents publicly: what changed, which record is being relied on and what requires review. Use conversation preparation and choosing assistance to define the task and responsible person.
Official sources for this guide
These official pages are research starting points. Read the geographical scope and current notices before relying on them. No individual determination is made by this information.
- B02A01 — official primary source
Research checked 17 October 2026. Read the exact notice, date and receiving-channel scope with later instruments. Confirm individual applicability before relying on this information.
- B02A02 — official primary source
Research checked 17 October 2026. Read the exact notice, date and receiving-channel scope with later instruments. Confirm individual applicability before relying on this information.
- B02A03 — official primary source
Research checked 17 October 2026. Read the exact notice, date and receiving-channel scope with later instruments. Confirm individual applicability before relying on this information.