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.
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 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.
This exemption extends to applicants who have already secured appointments at Visa Application Centres (VFS) or South African High Commissions and Embassies prior to the date of the new Directive. To qualify for this exemption, applicants must provide proof of their appointment through their VFS or High Commission appointment letter.
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:
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.
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.
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.
South Africa’s New Points-Based Work Visa System Explained | Marisa Jacobs
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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