Employer Guide: Hiring and Paying Foreign Workers Legally in South Africa

Why South African Companies Hire Foreign Talent

South Africa's workforce is diverse, and many industries rely on foreign nationals to fill skills gaps, meet labour demands, or support business growth. From specialised expertise to essential services, foreign workers play an important role in keeping businesses running smoothly.

Sectors that commonly hire foreign nationals include:

  • Hospitality – hotels, restaurants, and catering businesses
  • Construction – skilled and semi-skilled labour
  • Agriculture – seasonal and long-term farm workers
  • Domestic work – caregivers, housekeepers, childminders
  • Logistics and transport – drivers, warehouse staff, dispatch teams
  • Retail and services – cashiers, cleaners, security, and more

But while hiring foreign talent brings huge value, employers often face a major challenge: understanding the legal requirements and managing compliant, secure payroll for foreign workers.

Many foreign nationals do not have South African bank accounts, which makes paying wages legally and safely more complicated. Employers must ensure compliance with labour laws, immigration regulations, and anti–money laundering rules — all while keeping payroll simple and reliable.

That's why this guide was created.

This complete guide breaks down the legal requirements, documentation, payroll options, and best practices for paying foreign workers safely and efficiently in South Africa.

Whether you're hiring one employee or managing a large team, this resource will help you stay compliant and run payroll with confidence.

Understanding Who Qualifies as a Foreign National

In South Africa, a foreign national is anyone who is not a South African citizen, regardless of how long they have lived or worked in the country. This includes a wide range of individuals, each with different types of documentation and legal requirements.

Here's a simple breakdown:

1. SADC Nationals

Citizens from neighbouring Southern African Development Community countries such as Zimbabwe, Lesotho, Mozambique, Malawi, Zambia, and others.

They often enter South Africa on visitor permits or special dispensations and may apply for work authorisation depending on their circumstances.

2. Asylum Seekers

Individuals who have applied for refugee status and hold a Section 22 Permit.

This document generally allows them to work and study legally while their application is processed.

3. Refugees

People granted Section 24 refugee status have the right to work, study, and run a business in South Africa.

4. Temporary Work Permit Holders

Those with valid work visas, such as:

  • General Work Visa
  • Critical Skills Work Visa
  • Intra-Company Transfer Visa
  • Corporate Worker Visa

These visas allow lawful employment for the duration and conditions specified.

5. Permanent Residents

Individuals granted permanent residency have almost the same rights as South African citizens, including the unrestricted right to work.

Important for Employers:

Each of these groups requires different documentation, and employers are legally responsible for verifying:

  • Identity
  • Right to work
  • Valid visa dates
  • Any conditions or restrictions on the visa

Before hiring a foreign national, companies must ensure that the individual is legally permitted to work in South Africa, as employing someone without valid authorisation can result in penalties for the employer.

This clarity forms the foundation for compliant, fair, and safe hiring practices when employing foreign workers.

Legal Requirements Before Hiring a Foreign National

Hiring foreign nationals in South Africa is legal — but employers must follow specific compliance steps. Here is a simple, practical checklist to ensure you hire correctly and stay fully compliant with South African law.

Verify the Right to Work

Before making an offer, employers must confirm that the applicant is legally allowed to work in South Africa. Always request and check the following:

Required documents:

  • Valid passport
  • A valid permit or visa that allows work, such as:
    • Critical Skills Work Visa
    • General Work Visa
    • Intra-Company Transfer Visa
    • Corporate Work Visa
    • Refugee Status (Section 24 Permit)
    • Asylum Seeker Permit (Section 22) – must be valid and kept up to date

You can review the official work visa categories here:

Department of Home Affairs – Work Visas Overview:

https://www.dha.gov.za/index.php/immigration-services/work-visa

Important:

Permits must be valid, unexpired, and appropriate for the type of work being offered. For example, an asylum seeker permit allows employment, but it must be renewed regularly.

Understand What Employers Are Legally Responsible For

South African employers must meet the following legal requirements when hiring a foreign national:

You must:

  • Keep copies of all documents (passport, visa, permits)
  • Ensure all documents remain valid throughout employment
  • Record and track expiry dates, and remind employees to renew in time
  • Report to the Department of Home Affairs if employment ends
  • Only employ people who have the legal right to work

Why this matters:

Hiring someone without a valid work authorisation is a violation of the Immigration Act 13 of 2002, and can lead to penalties or fines for employers.

You can read the legislation here: https://www.gov.za/documents/immigration-act

This checklist ensures employers remain compliant while creating fair, safe, and legal work opportunities for foreign nationals in South Africa.

Types of Permits That Allow Employment in South Africa

When hiring a foreign national, employers must understand which documents give someone the legal right to work. Below is a simple breakdown of the most common permits and statuses that allow lawful employment in South Africa.

General Work Visa

This is one of the most common work permits issued to foreign nationals.

Key points for employers:

  • The visa is issued only when an employer can prove that the position could not be filled by a South African citizen or permanent resident.
  • A valid job offer must be provided before the visa is issued.
  • The employee may only work for the employer listed on the visa.
  • If the employee leaves or the job ends, the visa becomes invalid.

Critical Skills Visa

This visa is awarded to individuals with specialised skills that appear on the South African Critical Skills List, issued by the Department of Higher Education and Training (DHET).

Employer notes:

  • The employee is allowed to work for any employer, not just the company that supported their application.
  • The permit may allow the applicant to enter the country without a job offer (depending on the category).
  • Typical professions include engineers, ICT specialists, health professionals, and artisanal trades.

DHET Critical Skills List: https://www.dhet.gov.za/SitePages/CriticalSkills.aspx

Corporate Work Visa

This permit is used when companies need to hire a large number of foreign workers for specific roles.

What employers need to know:

  • The employer applies once for a corporate visa that authorises hiring multiple foreign nationals under defined roles.
  • Workers employed under this visa receive individual corporate worker certificates linked to the master corporate visa.
  • Common in agriculture, construction, manufacturing, and hospitality.

Refugee Status (Section 24)

Individuals with recognised refugee status have full legal rights to work in South Africa.

Employer notes:

  • Refugees are protected under the Refugees Act and may be employed like any other resident.
  • They must provide their Section 24 Refugee ID or permit.
  • Employers may legally hire a refugee without additional permission from Home Affairs.

Asylum Seekers

People seeking asylum in South Africa hold an Asylum Seeker Permit (Section 22).

Important for employers:

  • Asylum seekers may work, but this must be stated on their permit.
  • Employers must check that:
    • The permit includes the wording "Right to work"
    • The document is valid and renewed regularly, often every 6 months.
  • Copies of all documents must be kept on file.

By understanding these permit types, employers can confidently and legally hire foreign nationals — while avoiding compliance risks and ensuring fair employment practices.

Best Practices When Hiring Foreign Nationals

Hiring foreign nationals comes with additional responsibilities, but following a few simple best practices ensures compliance, fairness, and smooth operations for your business. These guidelines help protect both the employer and the employee while maintaining alignment with South African labour laws.

1. Use a Proper Employment Contract

Every employee — including foreign nationals — must have a written employment contract outlining duties, salary, hours, and conditions of employment. This protects both parties and ensures clarity from day one.

2. Track Permit Expiry Dates

Always record the expiry date of an employee's visa, refugee status, or asylum seeker permit. Set reminders to follow up before documents expire.

This helps the employer maintain compliance and gives the employee enough time to renew.

3. Provide Payslips as Required by Law

South African labour law requires employers to give every employee a payslip for each payment made. Payslips must include details such as hours worked, deductions, and net pay.

4. Register Eligible Staff for UIF

If employees work more than 24 hours per month, employers must register them for UIF (Unemployment Insurance Fund), regardless of nationality.

UIF Employer Obligations: https://www.labour.gov.za/employer-obligations

5. Ensure Fair and Equal Treatment

Foreign nationals must be treated with the same dignity and fairness as South African workers. This includes fair pay, safe working conditions, and protection from discrimination.

This requirement is grounded in the Labour Relations Act, which applies to all employees working in South Africa.

By following these best practices, employers create a compliant, ethical, and supportive workplace — one where foreign nationals can contribute confidently, and businesses can operate securely.

How to Pay Foreign Workers Safely and Legally

Paying foreign nationals in South Africa can be challenging for employers — not because companies don't want to pay correctly, but because many foreign workers cannot open traditional South African bank accounts. This creates practical payroll problems, especially for businesses that rely heavily on international talent.

Here's what employers need to understand:

Why Payroll Becomes Difficult

Many foreign nationals struggle to open a bank account due to strict FICA and residency requirements. This often affects individuals who hold:

  • Passports without long-term visas
  • Asylum seeker permits
  • Refugee documents
  • Short-term or temporary work permits
  • Pending visa status or renewals

Most banks require proof of address, long-term permits, and additional documents — meaning many eligible workers are excluded from the formal banking system.

How This Impacts Employers

This can create several payroll challenges:

  • Delays in salary payments due to cash-based systems
  • Higher risk when paying wages manually in cash
  • Administrative burden when tracking cash payments
  • Difficulty complying with labour laws, which require transparency and proof of payment
  • Increased security concerns for both employers and employees when moving cash

These issues make it harder for employers to pay fairly, consistently, and safely — while also reducing financial inclusion for workers.

The Need for a Modern, Compliant Payroll Alternative

To avoid these complications, employers are increasingly turning to digital payment solutions that allow foreign workers to receive salary securely — even without a traditional bank account.

The Mama Money Card, for example, is designed specifically for foreign nationals and allows them to receive wages, buy in stores, withdraw cash, and manage their money easily. This ensures employers can pay legally, safely, and on time.

Learn more about how it works here: Mama Money Card

Payroll Solutions for Foreign Nationals

Traditional Payroll Options

For many South African employers, paying foreign workers through traditional payroll systems is difficult. While permanent residents and long-term visa holders may access banking services, many foreign nationals cannot.

Limitations of traditional payroll:

  • Standard bank accounts are often unavailable

Workers with short-term permits, asylum seeker documentation, refugee papers, or passports without long-term visas are regularly turned away by local banks.

  • Cash payments are risky and non-compliant

Cash wages expose both employer and employee to theft, fraud, and incorrect record-keeping. It also increases the risk of non-compliance with UIF, PAYE, and labour regulations.

  • Payroll reconciliation becomes difficult

Without digital records, employers struggle with wage tracking, reporting, and audits, which can lead to fines or disputes.

Because of these issues, many businesses need a payroll solution that works for all workers, regardless of documentation or banking access.

The Mama Money Payroll Solution

The Mama Money Payroll Solution is designed specifically for businesses that employ foreign nationals and need a secure, compliant way to pay staff without South African bank accounts.

What It Is

A digital payroll payment solution that allows employers to pay foreign workers directly into a secure Mama Money Wallet — no bank account required.

Key Features

  • Instant payments into the worker's Mama Money Wallet
  • Workers can use their Wallet to:
    • Send money home
    • Pay bills and utilities
    • Withdraw cash
    • Save in USD
    • Buy airtime and data
    • Receive instant refunds for failed payments
  • Works for all documentation types (passport, asylum permit, refugee status, etc.)

Benefits for Employers

  • Foreign staff do not need a South African bank account
  • All payments become trackable and digital
  • Eliminates risky cash wages
  • Helps HR and payroll teams stay compliant
  • Reduces admin and improves payroll accuracy
  • Secure and easy to implement

Many workers also choose to use the Mama Money Card for easy cash withdrawals and everyday purchases.

Learn more about the Mama Money Card

How Employees Access Their Money

Once paid, employees instantly receive their wages in the Mama Money Wallet. From there, they have convenient, flexible options:

  • Withdraw cash using the Mama Money Card (if eligible)
  • Send money home to over 70 countries
  • Save in USD to protect value during currency fluctuations
  • Buy airtime or electricity
  • Pay bills directly through the app
  • Transfer funds to family and friends

This creates a smooth, empowering payroll experience for workers — and a low-admin solution for employers.

Compliance Checklist for Employers

Here is a simple checklist employers can follow to stay compliant when hiring foreign nationals:

Documentation

✔ Verify passport

✔ Verify work permit or visa

✔ Make certified copies of all documents

✔ Confirm the employee has the legal right to work

✔ Record permit expiry dates and schedule reminders

Payroll & Admin

✔ Keep all documentation on file

✔ Use a compliant payroll method (avoid cash payments)

✔ Provide payslips as required by law

✔ Register workers for UIF (if eligible)

✔ Maintain proper contracts according to labour law

Following this checklist helps safeguard your company from penalties while ensuring fair treatment of all employees.

Common Mistakes Employers Should Avoid

To stay legally compliant and avoid financial or reputational risks, employers should avoid:

  • Hiring without verifying permit validity
  • Continuing employment after a permit expires
  • Paying wages in cash with no records
  • Treating foreign workers differently than South African employees
  • Failing to keep copies of documents on file

Avoiding these mistakes protects both the employer and the workforce.

FAQ for Employers

Q: Can I employ someone with an expired permit?

A: No. South African law prohibits employment of individuals without a valid right to work.

Q: Can asylum seekers work in South Africa?

A: Yes — but only if their asylum permit (Section 22) clearly states they are permitted to work.

Q: Do I need to notify authorities when a foreign employee leaves the company?

A: Yes. Employers are required to inform the Department of Home Affairs.

Q: Can I pay foreign workers in cash?

A: Cash is not recommended. It poses compliance risks and makes accurate record-keeping difficult.

Q: What is the easiest way to pay foreign staff legally?

A: Using a digital solution like the Mama Money Payroll System ensures safe, compliant, trackable payments — even without bank accounts.

Hiring Foreign Nationals Can Be Simple With the Right Systems

Hiring foreign nationals in South Africa is completely legal when done correctly. Employers simply need to verify documents, ensure the right to work, and follow basic labour laws.

The real challenge often lies in payroll — especially when workers cannot open local bank accounts.

The Mama Money Payroll Solution removes this barrier by offering a fast, safe, compliant way to pay foreign workers digitally.

With proper compliance and the right tools, employers can build strong, diverse teams and ensure all staff are paid securely and on time.

Ready to simplify payroll for your foreign workforce? Contact Mama Money to get started today.