The March & March movement has brought immigration and employment issues into the spotlight in South Africa. It calls for stricter immigration enforcement, stronger border control, and greater priority for South Africans in relation to jobs and public services.

Whatever one’s view on the issue, the key question remains: what does the law say?

Asylum seekers in South Africa receive a temporary section 22 permit while their refugee application is being considered. This permit usually remains valid for six months and must be renewed at a Refugee Reception Office.

If the permit expires, the asylum process does not automatically come to an end. Home Affairs may still allow a late renewal if the person provides a valid reason, such as illness or another unavoidable circumstance. The person does not have to leave South Africa to renew the permit.

The position regarding work is different. A valid section 22 permit allows an asylum seeker to work. Once the permit expires, the right to work falls away until the permit is renewed.

Employers must check that foreign employees are legally permitted to work in South Africa. If an employer employs someone who is not legally allowed to work, the employer may face fines or even imprisonment if convicted.

Foreign nationals who are in South Africa without legal status usually cannot apply for a work visa from within the country. In most cases, they must return to their country of origin to apply for the appropriate visa before they may lawfully work in South Africa.

Zimbabwean nationals with a Zimbabwe Exemption Permit (ZEP), who previously held a work permit and can prove that they have applied to extend that work permit, may continue working in South Africa.

In short, South African immigration law sets clear rules for asylum seekers, foreign workers, and employers. Asylum seekers must keep their permits valid, foreign nationals must have the correct status to work, and employers must ensure that they only employ people who are legally permitted to work.