Directive

Home Affairs issues Directive: Bringing Clarity to Thousands of Visa Applicants

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Clearing Up Confusion for Pending Applications

One of the biggest concerns following the introduction of the new immigration regulations was the uncertainty surrounding applications that were already in progress. Many applicants feared that their pending applications for critical skills or general work visas would be subject to the new points-based system, potentially leading to delays or unfavourable outcomes.

However, the Directive eliminates this uncertainty by specifying that any visa applications submitted before the implementation of the points-based system will be adjudicated under the rules in place at the time of submission. Furthermore, those with appointments already booked at Visa Facilitation Centres (VFS) or the South African High Commission will also be assessed under the pre-existing system.

Zimbabwe Exemption Permit Holders: A Temporary Exemption

For Zimbabwe Exemption Permit (ZEP) holders, the directive provides a temporary but important exemption from the points-based system. ZEP holders who are transitioning to mainstream critical skills or general work visas will continue to be processed under the terms of the special dispensation, without the need to meet the new points-based criteria.

While this exemption provides immediate relief for ZEP holders, it remains to be seen how their long-term status will be managed once the special dispensation comes to an end. Nonetheless, the directive ensures that ZEP holders are not adversely affected by the shift to the points-based system, at least for now.

A Welcome Step Toward a More Efficient and Transparent Immigration System

Marsia Jacobs, Managing Director of Xpatweb confirms that the introduction of a points-based system marks a significant shift in how South Africa manages its immigration policy, aligning it with other countries that prioritise economic needs and skill shortages representing a forward-thinking approach. By outlining specific criteria, such as qualifications, work experience, and remuneration, the system is designed to attract the right kind of talent to support South Africa’s growth.

The Directive reaffirms that applications filed after the introduction of the new regulations must adhere to the points-based system, ensuring that future applicants are assessed based on their ability to contribute to the country’s development. This structure gives businesses a clear understanding of how they can recruit foreign talent and allows individuals to assess their eligibility more transparently.

As South Africa positions itself as a competitive destination for skilled talent, the new points-based system, underpinned by the clarity of this directive, sets the foundation for a more streamlined and effective immigration process.

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Points-Based

South Africa’s New Remote Work Visa and Points-Based System: A Game-Changer in Attracting Global Talent

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Remote Work Visa: Boosting Economic Growth

This visa allows remote workers to contribute to the local economy without taking local jobs. Their spending on goods and services benefits sectors like tourism, hospitality, and real estate, particularly in cities such as Cape Town and Johannesburg. By capitalising on South Africa’s attractive lifestyle and affordable living costs, the visa positions the country as a desirable destination for remote workers, who can inject foreign capital into the economy.

According to studies on the successful programs in Portugal and Croatia, who had successfully implemented remote work programs in October 2022 and January 2021 respectively, it has been seen that long-term visitors often spend more than short-term tourists, driving growth in local businesses

Points-Based System: Ensuring Fairness and Transparency

In addition to the Remote Work Visa, the Amendment introduces a points-based system for General Work Visas, evaluating applicants based on qualifications, work experience, salary, and language proficiency. Unlike the Critical Skills Work Visa category, which specifically addresses skills shortages, the points-based system applies more broadly, aiming to attract a wide range of talent who can contribute to South Africa’s businesses.

Crucially, the points-based system promotes transparency and fairness in visa adjudication, reducing opportunities for corruption. By offering a structured and objective evaluation, the system ensures that applications are assessed based on clear and measurable criteria. This shift is particularly significant for the Department of Home Affairs, which has faced challenges related to inefficiency and irregularities. Through this new framework, the government aims to restore trust in its immigration processes while aligning with global best practices.

Insights from Xpatweb’s Webinar

The significance of these changes was further highlighted during a well-attended webinar hosted by Xpatweb on 17 October 2024. Marisa Jacobs, Managing Director, explained the importance of these changes for businesses and professionals. The Remote Work Visa and points-based system will simplify the process for companies to attract international talent and streamline compliance. The reforms, she noted, aim to foster transparency and economic collaboration.

Looking Ahead

These immigration reforms position South Africa as a destination for global talent, benefiting businesses by providing access to a wider talent pool and aligning with international best practices. The new system promotes transparency and opens new pathways for professionals and companies to thrive in South Africa.

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Points-Based System

South Africa Immigration Update: Points-Based System and Remote Work Visa Introduced

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The Points-Based System All General Work Visa applications will now be adjudicated under the points-based system. The previous requirement for a certificate from the Department of Employment and Labour in support of a General Work Visas application has now been fully waived for all applicants. To qualify, an applicant must instead score a minimum of 100 points. Points are earned through various criteria including qualification, gross salary per annum, years of work experience, Trusted Employer status and language proficiency (full table included below).

Applicants for a Critical Skills Work Visa, will immediately earn 100 points through their occupation listed on the Critical Skills list.

Remote Work Visas

The remote work visa has now been officially rolled out and stipulates the following criteria –
  • The applicant must work for a foreign employer on a remote basis.
  • Their Gross Annual Income must be R650,976.00 or more.
  • Applicants must register/comply with the South African Revenue Service and relevant double taxation agreements, as outlined in the Income Tax Act.
Partial Waiver of SAQA Evaluation Given the delays in obtaining SAQA evaluation certificates for foreign qualifications, proof of an application to SAQA will now suffice for the issuance of a 12-month Critical Skills or General Work Visa.

Once the SAQA evaluation is secured, the visa may be extended for the remaining 4-year period from within South Africa.

New Ministerial Directive for Port of Entry Visas

This Directive orders Foreign Missions and E-Visa Managers to adhere to the requirements for port of entry visas, this includes business and tourists visas. The Directive addresses inconsistencies and concerns around unauthorised documentation requests from Foreign Missions and E-Visa Adjudicators. This change aims to ensure a uniform and transparent process for all applicants regardless of nationality, place of submission or port of entry.

In Summary These changes to immigration regulations represent a significant shift towards a more efficient and transparent system. The introduction of a refined points-based system for Critical Skills and General Work Visas, alongside the new standardised checklist for the Critical Skills, General Work Visa and the Remote Work Visa, demonstrates a proactive approach to addressing the country’s economic and administrative needs. By streamlining visa processes, reducing income thresholds, and clarifying requirements, the Department of Home Affairs  is working towards achieving its objectives to attract skilled professionals and tourist while fostering a predictable, lawful and equitable immigration framework.

If you require assistance navigating these new regulations or have questions about your visa application, please do not hesitate to contact Xpatweb. Our team of experts are ready to guide you through the process and ensure a smooth and compliant application experience.

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Immigrations Regulations

Major Immigration Overhaul: Key Updates to the Points-Based System and Remote Work Visa

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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.

Points Based System

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.

Remote Work Visas

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.

Further changes introduced

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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