There Is A New Critical Skills List. Do I Still Qualify For Permanent Residency?
/in Archived, News /by xp-admin
Leetasha Suria Govender
Expatriate Solution Specialist
The Department of Home Affairs released the long-awaited revised Critical Skills List in February 2022, in response to the ever-changing climate of the South African economy. A vast number of new occupations were added to the new list, whilst several occupations from the previous list were removed. Although this opened the door for employers and expatriates to bring new skilled resources into South Africa, those who had been waiting for almost two years to submit their Permanent Residency applications, were taken aback when the new Critical Skills List was released only a month after submissions for Permanent Residency applications were resumed.
One of the appealing aspects of obtaining a Critical Skills Work Visa is the ability for expatriates to apply for Permanent Residency immediately after receiving their visas (subject to certain qualifying criteria), allowing South Africa to retain their knowledge, skills, and experience. Many expatriates however had to wait to apply for Permanent Residency, after South Africa declared a national lockdown due to the global COVID-19 pandemic. When submissions for Permanent Residency applications resumed in January 2022, many expatriates saw this as their opportunity to submit their long-awaited applications. However, due to the large number of expatriates waiting to submit their applications, not all were able to secure an appointment to submit in terms of Section 27(b), before the new Critical Skills List was released in February 2022.
What does this mean for holders of Critical Skill Work Visas issued in line with the 2014 list?
The Department of Home Affairs caused some confusion regarding Permanent Residence applications, for people who obtained their Critical Skills Work Visas in accordance with the 2014 Critical Skills List, when they issued Immigration Directive No 1 of 2022 in February 2022. The Directive stated that people who obtained their Critical Skills Work Visas in accordance with the 2014 Critical Skills List may proceed to apply for Permanent Residence, however in March 2022 they issued a new Directive in-which that statement had been removed, which is where the confusion has come in.
This means that expatriates who obtained their Critical Skills Work Visas in line with the 2014 Critical Skills List, may proceed to submit a Permanent Residency application only if they meet the requirements of the application which fall in line with those prescribed in the new Critical Skills List. Permanent Residency applications follow stringent regulations which can be overwhelming if not undertaken properly.
With the release of the new Critical Skills List, the South African Government is not disregarding the occupations which have been removed from the list, they are just no longer deemed as “critical/scarce” but are still pivotal to the growth of the South African economy and upskilling of its locals.
Should you hold a valid Critical Skills Work Visa issued in line with the 2014 Critical Skills List, contact us to help you navigate what can be a daunting process of keeping your status legal in the country or conquering the tedious Permanent Residence application process.
NQF Requirements Of The Critical Skills List
/in Archived, News /by xp-admin
Levi Schooling
Expatriate Solution Specialist
In 1995, the South African Qualifications Authority Act was passed into law and the very first authority was established to regulate qualifications. Later, in 2009, with the aim to reaffirm the necessity for a National Qualifications Framework and to further ensure that various elements of the education and training systems are more effectively comprised, the act was reviewed, resulting in a new act being gazetted.
Modernisation in the macro-environments of technology, politics and economy has necessitated the agility of professionals in the modern workplace. As such, a more efficient education system was required to produce creative, effective, and adaptable professionals, who are capable of working in the modern landscape.
The NQF acts to provide a path through which learners can easily understand the trajectory of their academic careers and would be more inclined to invest in the progression of the same. The theory is that having done so, the NQF would facilitate the improvement of functional and intellection capability in the job market.
The NQF, as it pertains to tertiary qualifications can be broken down below:
- NQF 5: Tertiary Certificates
- NQF 6: Diploma Level or Higher-Certificates
- NQF 7: Degree level or Higher-Diploma
- NQF 8: Honours degree level
- NQF 9: Master’s degree level
- NQF 10: PHD/Doctoral level
With these aspects in mind, the NQF is now the progression metric by which all qualifications are evaluated and certified on. Additionally, regarding foreign qualifications, SAQA makes comparison to South African qualifications, and awards a comparable NQF level for qualifications that would not ordinarily be awarded due to SAQA’s mandate.
In understanding these aspects, we can now correctly scrutinize the Critical Skills Lists. To qualify for a Critical Skills Work Visa, the following would be required:
- a qualification (relevant to the category specified according to the NQF);
- a relevant professional body registration (as contemplated in the Critical Skills List and the Department of Higher Education and Training’s Technical Report of 2022); and
- a firm job offer.
However, an innate disparity has surfaced with the recommendation of these levels, when the draft list was being consulted on and formalised, – is now further seen in practice. The majority of categories on the 2022 Critical Skills List require an NQF 8 qualification which is, essentially, an honours Degree. The problem that lies in that designation is that an honours qualification is a uniquely South African post graduate qualification, that equates to a further year’s study, whereas the rest of the world uses the term as a classification of merit in a class system. What this means is that most applicants would surmise that they qualify for the category, however once evaluated by the South African Qualifications Authority, many come to the shocking realization that they only have a bachelor’s degree in South Africa.
This of course means that those hoping to qualify for those categories with an NQF 8 designation would require a Post Graduate Diploma or master’s degree to be able to qualify for those categories. Which begs the question of why these levels were recommended for many of the categories on the Critical Skills List?
Other questions that may arise are; at which NQF level are you deemed to be functionally competent in a specific profession? What role does experience play in the assessment of one’s competence, and shouldn’t more weight be given to experience instead of qualification? Or perhaps, should there be a way where an applicant of 20 years’ experience can supplement the Shortfall of a single NQF level?
With professional bodies attesting to the competence of an applicant within their experience in the industry, this requirement seems to have fallen by the wayside when considering applications for a Critical Skills Work Visa. Yes, it is still a requirement, but how relevant is it really when an application can simply be declined for a qualification not being at the ascribed level despite the fact that the applicant can be deemed capable in practice?
Expatriate professionals in various industries see these NQF requirements as a hindrance to the application process and have brought their concerns to the attention of the relevant professional bodies. Xpatweb is currently assisting these bodies in a collaborative effort to bring these concerns to the Department of Home Affairs for deliberation on a solution.
As with any release of a new Critical Skills List, these teething problems are always to be expected. However, more work has to be done to find a fair and reasonable solution to these problems and answer the question: “Are such designations in qualifications truly necessary?”
Engineering Occupations Remain Prevalent
/in Archived, News /by xp-admin
Jo-Lene Da Silva-Vergottini
Expatriate Solutions Advisor
The Xpatweb annual critical skills survey in 2021 confirmed that engineering skills are of the most sought-after skills in South Africa and employers are looking for highly qualified engineers with many years’ experience. It is not surprising then that engineers were included in the new list, as the demand for their professional skills and experience outweighs the current availability in South Africa.
Also included on the list are technologists and technicians in certain fields of Engineering, however these professions will be required to be registered as professionals in their field with the Engineering Council of South Africa (ECSA), which is the statutory professional body regulating this industry.
Qualifications of paramount importanceAs with all other occupations on the new list, the qualification requirements for those in the Engineering field are of paramount importance. Those wishing to apply for any of the occupations under the Engineering section will need to have obtained formal qualifications as high as an honour’s degree, comparable to a NQF Level 8 South African qualification.
This can be a difficult endeavour as an NQF 8 honour’s degree is a uniquely South African qualification, which refers to a 1 year post graduate study. Whereas most institutions globally view it as a form of merit in a class system, for example passing your bachelor’s degree with honours. The requirements for this specific level of qualification thus causes a hindrance for those who wish to apply for a Critical Skills Work Visa.
Skills exodusAs we continue to see South African engineers recruited globally including places like the Netherlands, the shortage of experienced engineers in South Africa will continue to rise. Whilst the new list seeks to assist with the shortage, more should be done to ensure that South Africa produces more engineers in the fields that are so sorely lacking.
It stands to reason then that the South African government should prioritise skills development at the grassroots level to stimulate education in these fields in order to avoid skills shortages of this nature in the future. A possibility for this is a drive by the Department of Basic Education to target those students who are in Grade 9 and needing to choose subjects that they will require to be able to further study in a certain field once matriculated. Currently these students are not given enough information as to the vast number of occupations that they are able to choose from as future careers.
Perhaps a suggestion is that a condensed version of the Critical Skills List be provided to each school and possibly each student, who will then be able to make more informed decisions regarding subject choices for their future studies. This will ensure that more qualified South Africans enter the job market in the fields and occupations that are critically lacking.
The New Critical Skills List – Corporate General Manager Is In!
/in Archived, News /by xp-adminOne such occupations on the Critical Skills List is that of Corporate General Manager (CGM). This has been defined on the Critical Skills List as an individual who plans, organizes, directs, controls, and reviews the day-to-day operations and major functions of a commercial, industrial, or other organization (excluding government or local government) through departmental managers and subordinate executives.
This occupation was included on the new critical skills based on the high number of comments requesting inclusion, along with subsequent requests for inclusion by both the Department of Trade, Industry and Competition and the Presidency’s Operation Vulindlela, which provided substantiating evidence that the occupation is indeed in shortage.
The technical report issues by the Department of Home Affairs, read with the new Critical Skills List provides under Annexure 1 different names or specialisations included for the occupations listed on the Critical Skills List. However different titles are not provided for the occupation of Corporate General Manager thus applicants are limited to using the above specified occupation title when submitting their applications.
The new Critical Skills List is highly focused on levels of education that must be met by the applicant to qualify for a Critical Skills Work Visa. Applicants applying under the occupation of Corporate General Manager must submit proof with their application that their qualifications meet the new minimum requirement of NQF level 8, as confirmed and evaluated by SAQA.
The size of the organization is a significant distinction to establish in the case of Corporate General Manager (CGM) and Director. The view laid out in the critical skills technical report is that Critical Skills Work Visas for these occupations could be exploited if the size of the organization is not provided (i.e., individuals who are self-employed, a sole employee and designated as a manger will be able to obtain a CSV). As a result, only those looking for a position in a medium or big company will be considered for a CSV. The size of a business can be evaluated by looking at both the total number of full-time equivalent paid employees and total annual turnover, according to the Department of Small Business Development (2019). As a result, for a person to apply for a Critical Skills Work Visa as a Corporate General Manager the above thresholds must be met.
Although Corporate General Manager is on the new Critical Skills list it has greater limitations that will need to be adhered to such as the applicant’s level of education, the size of the enterprise the applicant will work for and the annual turnover of said enterprise.
We caution applicants and employers in conjunction with your preferred provider, when preparing new applications, to take a careful and considered approach, proactively anticipating challenges during the adjudication process in terms of the new criteria as set out. New applications will be widely open to interpretation, and it is our role when preparing your application, to make it clear to the adjudicator that the applicant indeed qualifies for a visa under the category of Corporate General Manager.
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