Immigration Compliance Audit

South African Authorities Are Cracking Down on Employers

Audits by the South African Government are on the rise across sectors including hospitality, retail, construction, and finance.

In a recent single blitz operation conducted by the government:

Employees arrested and fined
0
Paid in admission of guilt fines
R 0 K
Undocumented foreign employees detained
0

Do not wait to become the next headline. A single undocumented employee can result in crippling fines or potential jail time.

This is why an immigration compliance audit is essential to protect your business and demonstrate due diligence.

The Consequences of Non-Compliance

  • Workplace raids with on-site arrests.

  • Civil disputes even from undocumented workers.

  • Brand damage and public backlash.

  • Investor loss and operational disruption.

  • Association with visa compliance fraud and illegal consultants.

What the Law Says

In terms of the Immigration Act, 2002 (Act No.13 of 2002), employers are criminally liable for hiring foreign nationals without valid documentation even unintentionally. If undocumented workers are found on your premises, you are presumed to be their employer unless you prove otherwise.   

Penalties include: 

1st Offence

Fine or up to 1 year in prison

2nd Offence

Fine or up to 2 years imprisonment

3rd+ Offence

Up to 3 years imprisonment with no option of a fine.

Why You Need an Immigration Compliance Audit

An audit protects your business from these risks. With Xpatweb, your audit is:

Aligned with Home Affairs (DHA) criteria

Legally defensible

Detailed and strategic 

Our Audits Identify

  • Expired or fraudulent permits

  • Mismatched job roles and visa types

  • Unverified or forged documents

  • High-risk employees and processes

  • Correct visa solutions and regularisation pathways

Key Risks At A Glance

 

RiskConsequence 
Employing foreigner with invalid permitFine up to R100,000, jail time 
No verification with DHA Legal presumption of guilt
Retaining undocumented employeesCCMA claims, legal disputes
Using fraudulent consultants Reputation damage, criminal risk

What You Get with Visa Litigations Services Compliance Audit

Legal Guidance 

Practical steps to close compliance gaps and prepare your business for inspections.

Full Documentation Review 

Full audit of passports, visas, work permits, and expiry dates to ensure accuracy and validity.

Risk Report

A detailed compliance “health check” with immediate action points to address high-risk areas.

Do not Wait For An Inspection

The Department of Home Affairs, SAPS, and Labour Inspectors are no longer issuing warnings.
Inspections are: 

Contact Us

Book Your Immigration Compliance Audit Now

Visa Litigation Services Immigration Compliance Audit is your legal safety net.
Don’t risk your business over one overlooked document

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Visa Litigation South Africa

John-Paul Fraser

Tax Attorney, Admitted Attorney, BCom (Law), LLB at TAX CONSULTING SOUTH AFRICA

John-Paul is employed at Tax Consulting South Africa and is an Admitted Attorney of the High Court of South Africa, having completed his BCom Law Degree LLB Degree. He is in the process of completing his Masters in Business Administration (MBA) through the University of Suffolk in England. John-Paul specialises in cross-border taxation and has found a passion in the technicalities and relief offered under the international legal framework ensuring that tax treatment of income and assets are correctly allocated to the relevant tax jurisdictions.

Visa Litigation South Africa

Keri Culver

Senior Immigration Consultant at Xpatweb

Keri has dedicated the past eight years to the immigration industry, gaining extensive experience in Canadian, South African, Australian, EU, UK, African, and Mauritian visa processes. She manages a large corporate client portfolio, ensuring tailored solutions for businesses and individuals alike. Her comprehensive knowledge, combined with her extensive travels, enables her to provide personalised and effective immigration strategies to clients worldwide. Keri takes pride in delivering exceptional client service, ensuring every individual’s journey through immigration is smooth and efficient.