Big changes coming to visas in South Africa
South Africa’s visa regime is undergoing a massive shift, with the national government set to introduce new laws to be stricter with immigration.
South Africa’s Cabinet recently approved the Revised White Paper on Citizenship, Immigration and Refugee Protection, marking the largest overhaul of the country’s immigration policy since 2002.
The white paper seeks to introduce new visa categories for remote work, start-ups, skilled workers, sports and culture, and to replace corporate visas with sectoral work visas.
It also seeks to introduce a new merit-based, points-based system for certain visas and permanent residency, as well as to roll out the Electronic Travel Authorisation to digitalise the visa process.
The department will begin drafting and tabling the requisite legislative amendments in Parliament to implement the Revised White Paper.
“The policy proposals signal tighter employer vetting, restructured visa categories, enhanced labour market testing, and new investor-residency safeguards,” said law firm Wright Rose-Innes.
While the new visas are still being drafted, the law firm said businesses employing foreign nationals will face an increasingly demanding immigration compliance environment in 2026.
It warned that the consequences of not complying with current laws include not only delays but also criminal prosecution, civil liability, and the forced termination of lawful employment relationships.
Although many business leaders are aware that employing an undocumented foreign national is unlawful, fewer know the extent of the criminal exposure that follows.
Where an employer knowingly employs a foreign national in violation of the Immigration Act, the employer is criminally liable.
This includes fines or imprisonment of up to one year for a first offence, and up to three years for repeated violations.
“This prohibition is absolute, with employers unable to justify poor pay or a lack of benefits based on an employee’s documentation status,” said Wright Rose-Innes.
The Labour Relations Act and the Constitution afford all workers, regardless of citizenship, the right to fair labour practices.
This creates a legal risk, as an employer who hires a foreign national without proper documentation is exposed to criminal sanctions under the Immigration Act.
They are also open to unfair labour practice claims under the Labour Relations Act. The Labour Court has confirmed that an employer’s compliance doesn’t excuse procedurally defective dismissals.
“Courts have upheld dismissals where employment was rendered unlawful by an expired permit, but only where the employer followed a fair incapacity process with proper notice,” said Wright Rose-Innes.
“The legal position is clear: immigration non-compliance does not simplify employment termination; rather, it complicates it.”
Options ahead of the new laws
Corporate immigration compliance refers to the legal obligations for employers when foreign nationals are employed or relocated to work in South Africa, and the Immigration Act includes the following:
- Verifying that every foreign employee holds a valid visa that authorises their specific role
- Ensuring the terms of employment do not exceed or conflict with the conditions of that visa
- Monitoring visa expiry dates and initiating renewals timeously
- Maintaining accurate records of all foreign national employees’ immigration status
South Africa currently has a host of visas for foreign workers, including the General Work Visa, Critical Skills Visa, and Corporate Visas.
The General Work Visa requires the employer to first demonstrate that the position cannot be filled by a South African citizen or permanent resident.
Whereas the Critical Skills Visa is designed to attract foreign professionals in occupations identified as scarce or in high demand in South Africa.
A Corporate Visa allows a business to bring in multiple foreign nationals into South Africa for the same employer, with the sponsor carrying direct responsibility for the employee’s compliance status.
“Corporate immigration compliance in South Africa is a legal obligation with real consequences for businesses that treat it as a secondary administrative concern,” said Wright Rose-Innes.
“The Immigration Act places direct, ongoing, and enforceable duties on employers. The 2026 policy environment tightens those duties further.”
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