SOUTH AFRICA’S NEW POINTS-BASED IMMIGRATION SYSTEM

The Department of Home Affairs introduced significant regulatory reforms to modernize and streamline the work visa process, including the much-anticipated Points-Based System. These changes aim to create a clearer, more efficient, and transparent visa application process that fosters business growth and lawful immigration. On 9 October 2024, Minister of Home Affairs Dr. Leon Schreiber gazetted the Third Amendment of the Immigration Regulations, 2014, which introduced the Points-based System. Following this, the Minister published Immigration Directive 10 of 2024 on 18 October 2024, detailing the implementation of the new system, including revised annual gross salary requirements and points allocation for offers from employers in the Trusted Employer Scheme.

South Africa’s New Points-Based Work Visa System Explained

KEY CHANGES AND UPDATES

POINTS-BASED SYSTEM FOR CRITICAL SKILLS AND GENERAL WORK VISAS

The Points-Based System now governs Critical Skills Work Visas and General Work Visas. To qualify, applicants must score at least 100 points based on factors such as work experience, qualifications, salary, language proficiency, and whether they received an offer from a Trusted Employer.

Points Breakdown

	Criteria	Points (%)	Criteria	Points (%)
Occupation:	Occupation on Critical Skills List	100
Qualifications:	NQF levels 9 and 10	50	NQF levels 7 and 8	30
Offer of Employment (Mandatory):	Above R976,194 gross per annum	50	Between R650,676 and R976,194 gross per anum	20
Work Experience:	5 – 10 years	20	10+ years	30
Employment Status:	Offer from Trusted Employer	30
Language Skills:	Proficient in at least one official language	10

This system provides clear, measurable criteria, making it easier for businesses and applicants to understand and prepare for the visa process.

SAQA EVALUATION REQUIREMENT PARTIALLY WAIVED

The South African Qualification Authority (SAQA) evaluation certificate, which has traditionally been required for visa applications, will be partially waived for critical skills and general work visa applications submitted after the signing of the new Directive.

The partial waiver allows applicants to submit proof of an application made to SAQA, while awaiting the outcome to apply for a work visa to be issued for a period of 12 months. Once the SAQA certificate is obtained, the visa may be renewed for the full 5-year period.

PENDING APPLICATIONS & PRIOR APPOINTMENTS

Visa applications, including those on the Critical Skills List (October 2023) or general work visa applications that were pending as of the signing of this directive, will continue to be processed under the previous adjudication system.

ZIMBABWE EXEMPTION PERMIT HOLDERS

Zimbabwe Exemption Permit (ZEP) holders applying for mainstream general work visas or critical skills work visas are exempt from the points-based system and will continue to have their applications processed according to the terms of the special dispensation. This ensures a continued pathway for ZEP holders seeking long-term residency options.

ALIGNMENT WITH IMMIGRATION DIRECTIVE NO. 9 OF 2024

This amendment must also be read in conjunction with Immigration Directive No. 9 of 2024, issued on 08 October 2024.

Directive No. 9 of 2024 standardises the requirements for port of entry visas. This portrays the first step by the Minister in addressing the long-standing concern of foreign missions and e-visa adjudicators from adding additional unauthorised requirements for submission.

ONGOING VALIDITY OF EXISTING VISAS

Any critical skills work visa or general work visa validly issued before the signing of this directive will remain in effect under the terms and conditions initially granted. There is no need for current visa holders to take immediate action unless they seek to extend, renew, or modify their visa.

IMPACT ON BUSINESSES AND EMPLOYERS

These regulatory reforms are expected to greatly benefit businesses by simplifying the visa process for hiring foreign nationals, especially in critical skills positions. Employers should note the following key impacts:

NEXT STEPS FOR BUSINESSES

Review workforce needs and assess whether foreign employees meet the criteria under the new points-based system.

Plan for upcoming visa renewals or changes in conditions to ensure compliance with updated regulations.

Consult immigration specialists to navigate the new system and avoid potential delays.

The reforms introduced by the Department of Home Affairs mark a significant shift toward creating a fair, efficient, and transparent immigration process. By simplifying visa requirements, reducing bureaucratic barriers, and introducing the Points-Based System, South Africa is positioning itself as a more attractive destination for skilled professionals, fueling business growth and contributing to national development.

CONTACT US

For expert advice or assistance with work visa applications and navigating the points-based system to determine eligibility, contact our immigration specialists today to ensure compliance and a smooth transition under the new system.

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Please select the visa category you require assistance with:(Required)

How old is the child?(Required)

Does the child's parent/ guardian have valid status within South Africa?(Required)

What is your marital status?(Required)

What is the status of your spouse?(Required)

What is the number of foreign nationals you are looking to employ?(Required)

Do you currently have a formal offer of employment from a registered South African company?(Required)

What is your highest level of Education?(Required)

In which country did you complete your highest qualification(Required)

What position have you been offered(Required)

Do you have accompanying family members?(Required)

What is your highest level of education?(Required)

In order to qualify for a General Work Visa, you must have an offer of employment from a South African employer. What is your expected annual income for the position you have been offered?(Required)

How many years of work experience do you have?(Required)

Is your prospective employer a member of the Trusted Employer Scheme?(Required)

* Trusted Employers who have received this status form the DHA often meet the following criteria: - Have invested more than R100 million into the South African Economy - Employ more than 150 staff

Are you proficient in one of South Africa's 11 official languages?(Required)

What is your relationship to a South African citizen/ Permanent Resident?(Required)

Do you have an offer of employment from a South African employer?(Required)

What is the duration of your relationship?(Required)

Do you have an offer of employment from a South African employer?(Required)

Are you currently employed by a foreign entity outside of South Africa?(Required)

Do you earn an annual salary exceeding R650,000? (UDS $37,000 / EUR 33,000)(Required)

What is your intention in South Africa?(Required)

What is you intended duration of stay in South Africa?(Required)

Do you have a monthly irrevocable income of at least R37,000?(Required)

Do you have a net worth of at least R2.4 million?(Required)

Do you intend on working part time or conducting business while in South Africa?(Required)

Do you have accompanying family members?(Required)

What is the duration of your assignment in South Africa?(Required)

Does your current employer support your work in South Africa?(Required)

Are you being sent on a secondment or assignment to South Africa?(Required)

Have you been employed in your current position for longer than 6 months?(Required)

Do you have an enrollment letter from a recognized learning institution?(Required)

What is the expected duration of your secondment/ assignment?(Required)

What level of education will you be completing in South Africa?(Required)

What visa do you currently hold?(Required)

Please specify other(Required)

What is the expiry date of your current visa(Required)

What Visa do you currently hold for South Africa?(Required)

Have you received a permanent offer of employment?(Required)

Do you have accompanying family members?(Required)

What is the expiry date of your current Critical Skills Work Visa?(Required)

Do you have accompanying family members?(Required)

What is the expiry date of your current General Work Visa?(Required)