The Minister of Home Affairs, Dr. Leon Amos Schreiber, has continued his efforts towards imposing a system of lawful immigration and the elimination of disparities. The Department of Home Affairs has implemented numerous new directives and regulations to make this happen, which have been Gazetted on 09 October 2024.
Benjamin van Zyl
Immigration Consultant
The most notable is the publication of the Third Amendment of the Immigration Regulations, 2014, which brings further clarity regarding the much-awaited introduction of the points-based system and the requirements pertaining to the Remote Work Visa.
The new regulations specifically state that General Work visa applications must be adjudicated under the new points-based system, which entails that a prospective Applicant must score at least 100 points, in order to qualify. Should an Applicant’s prospective designation fall within the 2023 Critical Skills List, they will be eligible to apply for a Critical Skills Work Visa. This remains subject to compliance with the existing visa requirements, such as a copy of the Applicant’s valid passport, medical certificate, relevant Police Clearance Certificate(s), contract of employment, relevant employer undertakings and yellow fever certificate, professional body registration and an evaluation of an Applicant’s foreign qualifications from the South African Qualifications Authority (SAQA), where applicable.
Although the points-based system was previously introduced through regulation, the qualifying criteria to determine the Applicant’s points have been altered, specifically by the removal of age and any other relevant factor as a consideration. The qualifying criteria now include qualifications, language skills, work experience, offer of employment and the Applicant’s prospective salary.
In terms of qualifications, it is imperative to be informed of the relevant determination of the qualification in terms of the National Qualifications Framework Act, as determined by SAQA, especially in the case of foreign qualifications. A prospective Applicant with a qualification determined as an NQF Level 9 or higher will be awarded 50 points, for NQF Level 7 and 8, 30 points are awarded.
Relating to the offer of employment and salary, an Applicant with a prospective gross annual salary of R976,194 per annum, will receive 50 points and those with an annual salary of between R650,796 and R976,194 per annum will receive 20 points.
Work experience of between 5 – 10 years will earn 20 points and more than 10 years will earn you 30 points. Proficiency in one of South Africa’s official languages will earn you an additional 10 points.
In keeping with the momentum of the Trusted Employer Scheme, an offer from a member of the Scheme will be awarded with an additional 20 points.
Although, it may prolong the process, an Applicant that does not qualify in terms of the points-based system, may yet have an alternative to apply for a long-term work visa. A waiver application may potentially be submitted to the Department of Home Affairs requesting that certain qualifying requirements to be waived pertaining to the adjudication of the prospective application under the new points-based system.
The Remote Work Visa was also previously introduced under the Second Amendment to the Regulations; however, no standardised guidelines for submission, including the requisite documentation had been provided to direct the submission process. This has now been addressed and changes to previous regulations were made, which include: a decrease of the Applicant’s annual gross income from R1,000,000.00 per annum to R650,976.00 per annum and specific clarification pertaining to the registration with SARS subject to the foreigner’s country of nationality being a party to an agreement allowing for double taxation agreements in terms of the Income Tax Act.
The Department of Home Affairs has waived the requirement for a certificate from the Department of Employment and Labour, as per Regulation 18(3)(a) of the Immigration Regulations, streamlining the General Work Visa application process. Applicants are no longer required to submit a waiver application prior to applying for a General Work Visa. Furthermore, due to delays in obtaining SAQA evaluation certificates, proof of an application to SAQA will suffice for the issuance of a 12-month General Work Visa, which may be granted for the remaining 4-year period, should the upon SAQA evaluation be submitted within a year of issuance. A similar waiver applies to Critical Skills Work Visas, where proof of submission to SAQA will allow for a 12-month visa, although the waiver incorrectly references General Work Visa regulations. The submission of the SAQA evaluation from the onset, will allow the Applicant to be eligible for the full 5-year period for both visas.
Additionally, a new Ministerial Directive, standardises the requirements for port of entry visas, addressing concerns about foreign missions and e-visa adjudicators imposing unauthorised submission requirements.
These regulatory changes introduced by the Minister of Home Affairs, signify a positive step towards modernising South Africa’s immigration system. By clarifying the points-based system, simplifying visa submission requirements, and reducing bureaucratic barriers, these amendments demonstrate a commitment to creating a fair, efficient, and transparent process for foreign nationals seeking to work in South Africa. The long-awaited updates, including the streamlined approach to General and Critical Skills Work Visas and the refinement of the Remote Work Visa, reflect a proactive approach to addressing both economic and administrative challenges in immigration.
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