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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Exploring different visa categories available to foreign spouses

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Spousal Visas

A Visitor’s Visa issued in terms of section 11(6) of the Immigration Act, more commonly referred to as a Spousal Visa, allows the foreign spouse of a South African citizen or permanent resident to live and work in the country. Typically, the duration of the visa is between 3 months to 3 years, and it can be renewed. Applicants must prove their relationship is genuine and subsisting, often through a marriage certificate or affidavit. The Spousal Visa provides a pathway to permanent residency, especially for those in long-term, stable marriages, and allows the holder to work, study, or conduct business activities in South Africa, making it a flexible option for building a life in the country.

Submitting in South Africa or Abroad

Regardless of where the application is submitted, certain general requirements must be met to qualify for a Spousal Visa in South Africa. Key requirements include proving a good faith spousal relationship, possessing a valid passport, obtaining a medical report, and securing police clearance certificates. First-time applicants are generally required to submit their applications in their country of origin or where they hold long-term status. However, changing an existing status may allow for submission within South Africa.

Recent Developments

Recent amendments to the Immigration Regulations have strengthened the provisions for exceptional circumstances outlined in the Immigration Act, aligning them with Constitutional imperatives. These changes, prompted by Constitutional Court decisions, aim to address limitations and expand the scope of exceptional circumstances, particularly in response to the evolving socio-economic landscape. The amended Regulations now allow spouses, parents, and children of South African citizens or permanent residents to change their visa status or conditions within South Africa.

Long-term Visitor’s Visas

For spouses of foreign nationals, a different visa category under section 11(1)(b)(iv) of the Immigration Act exists, which allows them to accompany their spouse during their stay in South Africa. This Visitor’s Visa is granted for specific purposes prescribed by the Regulations, such as accompanying a spouse with a valid long-term visa. Applicants must meet general requirements, including possessing a valid passport, medical report, and police clearance, along with a letter of support detailing the visit’s purpose and duration and proof of sufficient financial means. Similar to Spousal Visas, first-time applicants must generally apply from their country of origin, with limited options for changing status within South Africa.

During Xpatweb’s recent Global Mobility Conference, esteemed members of Robert Bosch and the Permits Foundation addressed the difficulties faced by accompanying spouses in acquiring the requisite visas to facilitate their sojourn in South Africa alongside their spouses who have acquired work visas. As such, it was recommended that the Department of Home Affairs considers the adoption of a visa category specifically tailored to accompanying spouses to facilitate their sojourn and employment within South Africa, as the current visa category available to them does not allow them to take up employment.

In conclusion, securing a Spousal or long-term Visitor’s Visa in South Africa requires careful attention to eligibility criteria and the submission process. Recent amendments to the Immigration Regulations have introduced important changes that may benefit applicants, particularly those looking to adjust their visa status within the country. By staying informed and seeking professional advice, when necessary, foreign spouses can successfully navigate the visa application process and build a life in South Africa alongside their loved ones.

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Digital Nomads

Why South Africa is a Prime Destination for Digital Nomads

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  1. Affordable Cost of Living

One of the biggest draws of South Africa is its affordability compared to other popular digital nomad hubs. Cities like Cape Town, Johannesburg, and Durban offer excellent value for accommodation, dining, and entertainment. For remote workers, this means enjoying a high quality of life at a fraction of the cost, leaving more room to invest in professional development and personal experiences.

  1. Stunning and Diverse Landscapes

South Africa’s natural beauty is unmatched. Whether it’s the breathtaking views from Cape Town’s Table Mountain, the wildlife-rich Kruger National Park, or the serene Garden Route, the country offers endless opportunities for exploration and relaxation. For digital nomads seeking inspiration or a balance between work and play, these landscapes provide an idyllic backdrop for both.

  1. Reliable Digital Infrastructure

A reliable digital infrastructure is essential for remote work, and South Africa delivers. Major cities are well-equipped with high-speed internet and dependable telecommunications networks. Co-working spaces are also on the rise, offering state-of-the-art facilities, fast internet, and a community of professionals. These environments boost productivity and make it easy to stay connected with the global workforce.

  1. Vibrant Urban Life and Rich Culture

South Africa’s cities—Cape Town, Johannesburg, and Durban—are known for their dynamic cultural scenes. Each city offers its own mix of history, art, music, and food, creating a unique cultural experience. This diversity fosters creativity and makes for a culturally enriching remote work experience, where digital nomads can explore everything from historical landmarks to vibrant local festivals.

  1. Excellent Climate

The favorable South African climate is another reason why it’s a top choice for digital nomads. With warm summers, mild winters, and year-round sunshine in many parts of the country, the weather allows for outdoor activities throughout the year. Whether it’s hiking, surfing, or simply relaxing by the beach, the pleasant climate enhances the overall lifestyle for remote workers.

  1. Improved Safety and Security

Over the years, South Africa has made significant strides in improving safety, especially in major urban and tourist areas. While it’s important to stay aware of local conditions, many digital nomads find that with the right precautions, the country is a safe and welcoming place to live and work. Popular areas are equipped with enhanced security, making them ideal for expats and travelers.

  1. Rich Cultural and Recreational Activities

For those looking to break away from work, South Africa offers an abundance of cultural and recreational activities. Whether it’s exploring local markets, enjoying music festivals, going on safaris, or participating in adventure sports like hiking and surfing, there’s always something to do. These experiences provide a perfect way to unwind, fostering a balanced and fulfilling work-life experience.

  1. Warm and Welcoming Community

The warmth and hospitality of South Africans are well-known. This friendly atmosphere helps newcomers feel at home quickly, whether they’re engaging with locals or connecting with fellow expats. The strong sense of community offers valuable networking opportunities and creates a supportive environment for remote workers adjusting to a new country.

  1. Criteria for a Remote Work Visa

For those considering a Remote Work Visa, South Africa has specific requirements:

  • Applicants must be employed by a foreign entity and conduct work remotely.
  • They must earn a minimum of R1,000,000 per year.
  • For visas issued for less than six months within a 36-month period, there is no need to register with the South African Revenue Service (SARS).
  • If the visa is granted for longer than six months within the same period, the applicant must register with SARS.

Conclusion

South Africa presents a compelling combination of affordability, stunning natural beauty, strong digital infrastructure, and rich cultural diversity—making it an ideal destination for digital nomads. Its vibrant cities, combined with access to world-class outdoor experiences, offer remote workers a chance to balance productivity with a fulfilling lifestyle. For professionals seeking a remote work destination that offers both inspiration and practicality, South Africa stands out as a top contender. With its unique blend of work-friendly infrastructure and an enriching way of life, the country promises not just a productive workspace, but a truly exceptional living experience.

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Transforming Home Affairs: A Digital-First Approach to Unlock South Africa’s Economic Potential

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Dr Schreiber shared, that according to research by National Treasury, attracting more skilled workers is the second-most powerful intervention that can stimulate economic growth in South Africa. Highlighted that where we are able to attract 11,000 more skills per annum, currently we attract between 4,500 and 5,000 skills, we can triple GDP growth from current level of 0.6% to 1,8%.

With partnerships from major global players like China and India, boosting tourism by 10% over the next year will add a further 0.6% to GDP growth.

For South Africa to achieve its economic ambitions, the Department of Home Affairs must play an enabling role, especially in areas that intersect with immigration and civil services. Unfortunately, the Department’s administration has long been marred by inefficiency and corruption, largely due to outdated manual processes.

These inefficiencies not only stifle economic growth but also delay services that are critical to national security and civic dignity.

In a press release issued on 17 September 2024, the Minister outlined his bold vision for transforming the Department of Home Affairs. The Minister emphasized the critical role the department will play in driving South Africa’s economic growth through modernisation, digital transformation, and improved efficiency. He presented a forward-thinking plan to digitize services, streamline processes, and reduce inefficiencies.

Key takeaways from the Minister’s address include:

1. The Problem of Administration

Currently, the Department of Home Affairs is a decade behind in terms of administrative modernization. Its reliance on paper-based systems has not only hindered service delivery but also created opportunities for fraud and mismanagement. This outdated approach must be brought in line with global trends, where automation and digital transformation have revolutionized service delivery and enhanced transparency.

The department’s inefficiency has serious economic implications. Whether it’s visa applications for skilled workers, business investors, or tourists, long delays and self-created bottlenecks, it has severely hampered economic activity. As a result, South Africa risks losing out on significant investment and talent, which are crucial for economic growth.

2. A Vision for a Digital-First Department

A bold vision outlined by the Minister, is one where the Department of Home Affairs is no longer seen as a bureaucratic burden, but as a catalyst for economic growth. Central to this transformation is the concept of a “digital-first” Home Affairs. The department aims to automate and digitalise every process, from civic services to visa adjudication, eliminating inefficiencies and a platform for corruption.

One of the cornerstones of this transformation is the introduction of “Home Affairs from home.” This initiative aims to allow South Africans to apply for ID’s, passports, and other essential documents online, using secure biometric technology. The entire process, from application to delivery, will be digitalised, reducing the need for individuals to physically visit Home Affairs offices. This will not only save time but will also free up resources to better serve those without access to digital tools, such as rural and impoverished communities.

3. Visa Processing: A Key to Economic Growth

In the area of immigration, the digitalisation of the visa adjudication process is critical. With South Africa aiming to attract more skilled workers, tourists, and investors, a streamlined visa process is essential. The goal is to create a system where visa applications are processed by an automated risk engine, using the latest in machine learning technology. This will allow legitimate applications to be approved almost instantly, with visas being issued digitally and stored directly in applicants’ digital wallets.

Such a system would eliminate bias and human error in the process, reducing the opportunities for fraud and baseless rejections. It would also allow for more robust cross-referencing of information, further enhancing national security. By embracing this approach, the Department of Home Affairs could not only speed up visa processing but also play a vital role in South Africa’s broader economic strategy.

4. Charting the path forward

The transformation of the Department of Home Affairs is ambitious, but it is entirely achievable. The newly appointed Minister has already made significant strides in clearing the visa backlog that once stood at over 306,000. In just a few short months, more than 56% of this backlog has been cleared, showing the department’s capacity for change.

New regulations on Remote Work Visas and the implementation of a Points-based immigration system are also on the horizon, promising to make South Africa an attractive destination for global talent. Additionally, the Trusted Tour Operator Scheme, set to launch in January next year, will further open the door to the lucrative Chinese and Indian tourism markets.

The modernisation of the Department of Home Affairs is not just about making the department more efficient, it’s about turning it into a powerful enabler of economic growth. By embracing automation and digitization, the Department of Home Affairs can unlock opportunities for South Africa, from attracting skilled workers to increasing tourism.

With continued commitment, this vision of a world-class Department of Home Affairs is within reach, setting the stage for South Africa’s best economic days to come.

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