Employers in South Africa who hire illegal or undocumented foreign nationals could face heavy fines and even prison time under the country’s immigration laws.
The Immigration Act makes it illegal to employ a foreign national who is in South Africa unlawfully or whose visa does not allow them to work. Before hiring anyone from another country, employers are legally required to verify that the person has a valid work visa or permit.
The law also places the responsibility on employers to check that all documents are legitimate.
According to the Department of Employment and Labour, employers who fail to do so are breaking the law.
“Employment of undocumented foreign nationals is an offence that is punishable by law,” the department said during a labour inspection campaign.
Employers cannot simply argue that they did not know a worker was undocumented. The Immigration Act assumes an employer knew the worker did not have the legal right to work unless they can prove they took reasonable steps to verify the person’s immigration status.
Businesses must also keep records of foreign employees for at least two years after their employment ends and report any changes in their employment to the Department of Home Affairs.
Those found guilty face serious consequences. A first conviction can result in a fine or up to one year in prison. A second conviction carries a possible two-year prison sentence or a fine, while repeat offenders can be jailed for up to five years.
The Employment Services Act also makes it illegal to hire a foreign national who cannot produce a valid work visa. However, even if a worker is employed illegally, they are still protected by South African labour laws and may take legal action against an employer for unfair treatment.
The Department of Employment and Labour says some employers deliberately hire undocumented foreign nationals because they believe they can pay them less than the minimum wage or deny them benefits such as the Unemployment Insurance Fund (UIF) and Compensation Fund.
The department has warned that this practice is unlawful.
“Employers who employ undocumented foreign nationals face monetary fines, while undocumented workers may be arrested and deported by the relevant authorities,” the department said.
President Cyril Ramaphosa has also warned that businesses hiring undocumented migrants are breaking the law.
Speaking in June 2026, Ramaphosa said employers who knowingly employ undocumented foreign nationals contribute to the exploitation of vulnerable workers. He said government would increase workplace inspections and enforce the law more strictly against businesses that fail to comply.
Employment law specialists have echoed the warning, saying employers must always verify a foreign national’s right to work before offering employment and continue checking that work permits remain valid.
With immigration becoming an increasingly debated issue in South Africa, legal experts say employers cannot afford to ignore their obligations. Businesses that hire undocumented foreign nationals risk criminal prosecution, financial penalties and even imprisonment.
Bongi Sikelo 