| (1) | Subject to subsection (1A), corporate visa may be issued by the Director-General to a corporate applicant to employ foreigners who may conduct work for such corporate applicant in the Republic. |
[Section 21(1) amended by section 13(a) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (1A) | No corporate visa may be issued or renewed in respect of any business undertaking which is listed as undesirable by the Minister from time to time in the Gazette, after consultation with the Minister responsible for trade and industry. |
[Section 21(1A) inserted by section 13(b) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (2) | The Director-General shall determine, in consultation with the prescribed departments, the maximum number of foreigners to be employed in terms of a corporate visa by a corporate applicant, after having considered— |
| (a) | the undertaking by the corporate applicant that it will – |
| (i) | take prescribed measures to ensure that any foreigner employed in terms of the corporate visa will at all times comply with the provisions of this Act and the corporate visa; and |
| (ii) | immediately notify the Director-General if it has reason to believe that such foreigner is no longer in compliance with subparagraph (i) above; |
| (c) | the financial guarantees posted in the prescribed amount and form by the corporate applicant to defray deportation and other costs should the corporate visa be withdrawn, or certain foreigners fail to leave the Republic when no longer subject to the corporate visa; and |
| (d) | corroborated representations made by the corporate applicant in respect of the need to employ foreigners, their job descriptions, the number of citizens or permanent residents employed and their positions, and other prescribed matters. |
[Section 21(2)(a) amended by section 13(c) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (3) | The Director-General may withdraw or amend a corporate visa for good and reasonable cause. |
| (4) | The Minister may, after consultation with the Minister of Trade and Industry or Minerals and Energy or Agriculture, as the case may be, and the Minister of Labour, designate certain industries, or segments thereof, in respect of which the Government may— |
| (a) | reduce or waive the requirements of subsection (2)(c); |
| (b) | enter into agreements with one or more foreign states and set as a terms and conditions of a corporate visa that its holder— |
| (i) | employs foreigners partially, mainly or wholly from such foreign countries; and |
| (ii) | remits a portion of the salaries of such foreigners to such foreign countries; |
| (c) | apply this subsection in respect of foreigners required for seasonal or temporary peak period employment; or |
| (d) | waive or reduce the requirement of subsection (2)(b) under special terms and conditions. |
| (5) | [Section 21(5) deleted by section 13(d) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)] |
| (6) | A foreigner employed in terms of a corporate visa shall work for the holder of that corporate visa. |
[Section 21(6) inserted by section 13(e) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
