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Q: We would like to engage the services of a South African contractor. Do we need to check their work permit and is it okay to pay them by credit card/bank transfer?

Jan 14 2009

Answered by: Peter Done     Ask a question

The simple answer to this is: it depends. It is not clear from your question if your intention is for this individual to work in Great Britain or for them to continue to work in South Africa where they are currently based.

An individual’s employment is governed by the law of the country in which they work. If the intention is for this individual to work in South Africa then they will not need to have a work permit. If they are employed to work in South Africa then they may need a business visa to enter as a Business Visitor if they are attending any business events within the UK.

If you do intend for this person to work in the UK then they will need a work permit. They may hold their own permit under the new five-tier points system or you may need to apply for this from the Home Office explaining why you wish to sponsor this particular individual tow work in the UK. Bear in mind that the immigration rules have been tightened recently, so it can be much harder to obtain work permits. The rules on work permits and the application forms are available from the Home Office.

Individuals working in the UK can be paid in any way that is legal and many companies pay by electronic bank transfer, most commonly using BACS. The law may be different in South Africa, so if it is your intention to employ this individual in South Africa then it would be advisable to check the regulations with the South African embassy.

 
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