Can a foreign national legally work as a domestic worker in South Africa?

Yes, if their visa or permit authorises the work. You may not employ a foreign national whose immigration status doesn't allow that employment, so the permit — not just the passport — is what matters.

Is a passport enough to employ someone?

No. A passport shows identity and lawful entry but not the right to work. You also need to see, and keep a copy of, the visa or permit that authorises the employment.

Which permits allow domestic work?

Generally permanent residence, certain work visas and some refugee or asylum endorsements, while visitor's visas do not — but conditions vary, so confirm with the Department of Home Affairs or an immigration professional before employing.

What documents should I keep?

A clear copy of the worker's valid passport and the visa or permit that authorises the work, kept for as long as you employ them. That record shows the 'good faith effort' the law requires.

What happens if I employ someone without the right to work?

Knowingly doing so is already a criminal offence under the Immigration Act (up to 1, 2 or 5 years' imprisonment depending on prior convictions), and a proposed Bill would add a civil fine of up to R100 000.

Can you legally employ a foreign domestic worker? The right-to-work check (2026)

Can I legally employ a foreign national as a domestic worker in South Africa?

Short answer

Yes — but only if the person is allowed to work in South Africa. Under the Immigration Act you may not employ a foreign national whose visa or permit doesn't authorise the work, and you must make a 'good faith effort' to check. In practice that means seeing and keeping a copy of their valid passport and the visa or permit that authorises the employment — a passport alone isn't enough, because the immigration status itself has to permit the work.

Step by step

1Ask for the person's valid passport and current visa or permit before they start.
2Check that the permit actually allows them to work in South Africa — and to do this kind of work. A passport or visitor's visa on its own does not.
3If you're unsure what a permit allows, confirm with the Department of Home Affairs or an immigration professional before employing.
4Keep a clear copy of the passport and the visa/permit on file for as long as you employ the person, and re-check before any permit expires.
5Put the employment on a proper footing — a written contract, UIF, COIDA and at least the minimum wage — just as for any domestic worker.

The law already in force

This isn't only about a future bill. The Immigration Act 13 of 2002 already governs who you may employ. Section 38 says you may not employ an illegal foreigner or a foreigner whose status doesn't authorise the work, and it requires you to make a 'good faith effort' to make sure you aren't doing so. If an illegal foreigner is found working for you, the Act presumes you employed them knowingly unless you can show that good-faith effort — which is exactly why keeping copies of the right documents matters.

What 'entitled to work' means

Being in South Africa lawfully and being allowed to work are two different things. A valid passport shows identity and lawful entry; it does not, on its own, mean the person may work. The immigration status has to authorise employment. Generally, permanent residence, certain work visas, and some refugee or asylum endorsements allow work, while a visitor's or tourist visa does not — but the categories and conditions vary and change, so treat this as a pointer, not a ruling. If there is any doubt about what a particular permit allows, confirm with the Department of Home Affairs or an immigration professional before you employ the person.

The documents to check and keep

The practical right-to-work check is simple: see the original valid passport and the visa or permit that authorises the work, and keep a clear copy of both for as long as you employ the person. That record is what demonstrates your good-faith effort if you are ever asked. Check the expiry dates, and diarise to re-check when a permit is due to renew, so the person doesn't quietly slip out of status while still working for you.

The criminal risk if you get it wrong

Knowingly employing someone who isn't allowed to work is already a criminal offence under section 49(3) of the Immigration Act: a fine or imprisonment of up to 1 year on a first conviction, up to 2 years on a second, and up to 5 years without the option of a fine for a third or further conviction. The 'good faith effort' duty and the document trail are precisely what protect a household that checked properly and was misled. That is why the check, and keeping the copies, is worth doing carefully.

The proposed fine on the horizon

A proposed law — the Employment Services Amendment Bill, introduced in Parliament in May 2026 — would add a civil fine on top of the existing criminal offence: the Labour Court could impose up to R100 000 (more for repeat failures) on an employer who employs a foreign national without the right to work. It is not in force yet and still has to pass through Parliament, but it points the same way as the current law: check the right to work. Our explainer on the R100 000 fine covers the Bill in detail.

Get the rest of the employment right too

Once you've confirmed the right to work, a foreign domestic worker has the same rights as any other — a written contract, payslips, UIF, COIDA, leave and at least the minimum wage of R30.23 an hour (2026). Treating the employment as fully compliant from day one is both the law and the simplest way to avoid disputes. Dignita's contract builder and compliance check help you set it up correctly. Compliance tool, not legal advice.

Frequently asked questions

Can a foreign national legally work as a domestic worker in South Africa?: Yes, if their visa or permit authorises the work. You may not employ a foreign national whose immigration status doesn't allow that employment, so the permit — not just the passport — is what matters.
Is a passport enough to employ someone?: No. A passport shows identity and lawful entry but not the right to work. You also need to see, and keep a copy of, the visa or permit that authorises the employment.
Which permits allow domestic work?: Generally permanent residence, certain work visas and some refugee or asylum endorsements, while visitor's visas do not — but conditions vary, so confirm with the Department of Home Affairs or an immigration professional before employing.
What documents should I keep?: A clear copy of the worker's valid passport and the visa or permit that authorises the work, kept for as long as you employ them. That record shows the 'good faith effort' the law requires.
What happens if I employ someone without the right to work?: Knowingly doing so is already a criminal offence under the Immigration Act (up to 1, 2 or 5 years' imprisonment depending on prior convictions), and a proposed Bill would add a civil fine of up to R100 000.

Let Dignita handle the admin

Contracts, monthly payslips, UIF and leave — done correctly and kept up to date for R49 a month.

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Dignita is a compliance tool, not legal advice. Figures are based on current South African legislation; confirm with a labour-law professional for your situation.