SOUTH AFRICA: New points-based system for critical skills and general work visa applications is introduced.

October 28, 2024

By: Jonathan Fetting

As part of the amendments to South Africa’s Immigration Regulations in May 2024, the Minister of the Department of Home Affairs (“DHA”) made provision for the introduction of a new points-based system for the issuance of work visas. This point was to be further clarified by legislative proclamation in the Government Gazette, and the Minister has now formally promulgated the details.

The new points-based system applies to both the Critical Skills Work Visa and General Work Visa categories, but it does not apply to the Intra-Company Transfer Work Visa category. It provides for several criteria, each with a corresponding number of points, as outlined in the table below.  

To qualify under the points-based system, a foreign national must score 100 points by meeting one or more of the criteria above.

Guidelines for Critical Skills Work Visas

If a foreign national has an occupation on the Critical Skills List (“CSL”), they can accrue 100 points under the occupation-based criterion and can proceed to apply for a Critical Skills Work Visa (“CSWV”).

One of the key requirements for a CSWV application is proof of evaluation of the foreign national’s qualifications by the South African Qualifications Authority (“SAQA”) to determine the local equivalency of the foreign qualification and its level in terms of the South African National Qualifications Framework (“NQF”). The various critical skills categories on the current CSL all have corresponding NQF level requirements which must be satisfied in order for a foreign national to qualify.

Evaluation applications can take a lengthy period to be completed by SAQA, which can seriously delay the foreign national applying for their CSWV. The new system provides relief in that if a foreign national has applied for evaluation of their foreign qualifications by SAQA and the application has not been finalized, they can apply for the CSWV with evidence of having applied to SAQA, in which case their CSWV may be issued valid for a period of 1 year, as opposed to the full 5-year period for which it  can normally be issued. Once they are issued the SAQA Certificate of Evaluation and provided it is favorable, the foreign national can apply to extend the work visa for the full term.

This does, however, imply the risk that if the qualification is evaluated at a lower level NQF than the minimum NQF level required for the critical skills category in which they were issued their CSWV, the foreign national will not be able to renew it. They will have to seek a special waiver from the NQF level requirement from the DHA Minister, which can take many months with no guarantee of success.

All other requirements normally associated with a CSWV application still need to be met.

Guidelines for General Work Visas

Foreign nationals who do not qualify under the occupation-based criterion will have to accrue 100 points by a combination of the other available points-based criteria in order to seek a GWV.

The new system provides the same relief for a foreign national who has applied for evaluation of their foreign qualifications by SAQA to apply with proof of having applied, in which case their GWV may also be issued valid for a period of 12 months, as opposed to the full five-year period for which it can normally be issued. The foreign national can then apply for an extension for the full term once they have been issued their SAQA Certificate of Evaluation, provided it is favorable.

This does, however, imply the risk that if the qualification is evaluated at a lower NQF level than that required to accrue their points under the points-based qualification criterion, the foreign national will not be able to renew their GWV. It is also unclear how the DHA will determine the NQF level of the foreign national’s qualification with certainty without the SAQA Certificate of Evaluation, which reflects it.

Of particular significance is that the points-based system exempts the prospective employer from having to undertake a labor market test and approach the South African Department of Labour and Employment (“DOLE”) for a certification letter to support the GWV application, which has been a major stumbling block to securing a GWV.

Normally, to obtain a GWV, the prospective employer must make a submission to DOLE for a letter in support of the issuance of the work visa confirming amongst other information that, despite a diligent search, it has been unable to find a suitable South African citizen or permanent resident with qualifications or skills and experience equivalent to those of the foreign national it wishes to employ. This necessitated the employer conducting a labor market test, including but not limited to, having to advertise the position in the national South African print media.

Finally, it is unclear what system or methodology the DHA is going to use to determine whether a foreign national is proficient enough in one of the official languages of South Africa for them to accrue the points under the language skills criterion. This will require further clarification.

Newland Chase insights

Overall, the points-based system is an extremely positive and welcome development, and we expect it will be further defined and evolved over time. We shall continue to keep you updated.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Case for any case- or company-specific assessments.