New immigration and visa changes for South Africa – what you need to know

Over the past 10 months, the Department of Home Affairs (DHA) has introduced several important changes that will shape the future of immigration in South Africa.

These include:

• The appointment of a new Minister;
• The introduction of a point-based immigration system (not applicable to Zimbabwean Exemption Permit holders) and remote work visas; and
• An extension of temporary concession allowing foreign nationals to stay in South Africa while waiting for the outcome of their pending applications.

Ongoing reports of delays in visa processing have highlighted problems with South Africa’s immigration system, especially the restrictions on skilled workers. These issues are raising concerns about their negative impact on the country’s economic growth.

Although the government is exploring solutions and considering changes to immigration laws, legal experts at Webber Wentzel—Nivaani Moodley, Bianca Rutherfoord-Jones, and Caitlin Leahy—have provided a clear overview of the current situation and its effects.

Appointment of a new Minister

On 30 June 2024, President Cyril Ramaphosa appointed Dr Leon Schreiber as the new Minister of Home Affairs.

It has been reported that since taking office, the new Minister and his team have cleared 62% of the visa application backlog dating back over a decade, with the goal of eliminating the remaining backlog by year-end.

In July 2024, an extension was provided to foreign nationals who are waiting in South Africa for the outcomes of their waiver, visa, and appeal applications.

Amended Immigration Regulations

On 18 October 2024, the Schreiber published a revised Government Gazette, which he said is to remove bureaucratic hurdles which have hampered South Africa’s visa regime.

Remote working visas

Remote working visas have been introduced under the Visitor’s Visa category.

This means that foreign nationals wishing to apply for a visitor’s visa must meet the following requirements to qualify:

• The foreign national must be employed by a foreign employer.
• The foreigner must earn a minimum gross income of R650,976 per year, as confirmed by the last three months of bank statements.
• If the foreigner is a tax resident of a country with a double taxation agreement with South Africa (under section 108(2) of the Income Tax Act, 1962), they must register with SARS if they stay in South Africa for more than 183 days within any 12-month period.
• If the foreigner is not a tax resident of a country with such an agreement, they are still required to register with SARS.

“A foreign national who holds a Remote Work visitor’s visa is not allowed to take up employment in South Africa, and cannot change their visa status while in South Africa unless the exceptional circumstances set out in the Immigration Regulations apply,” explained Moodley, Rutherfoord-Jones, and Leahy.

Point-based system

The new point-based system will now apply to General Work Visas as well as Critical Skills Work Visas in terms of section 19(2) and section 19(4) of the Immigration Act respectively.

To get a General Work Visa or a Critical Skills Work Visa, a foreign national must score 100 points and meet all other prescribed requirements for such a work visa set out in the Immigration Regulations.

For ease of reference, the criteria and points are set out below:​

Foreign nationals who earn 100 points based on their occupation being on the Critical Skills List and meeting other requirements may be issued a Critical Skills Work Visa.

Those who reach 100 points through other criteria (excluding the Critical Skills List) and meet all other requirements may qualify for a General Work Visa.

Foreign nationals who don’t meet the 100-point threshold can still apply for a work visa with additional motivation, but the DHA will assess the points and may reject the application.

“It is important to note that foreign nationals who applied… before these new rules were implemented and are still waiting for the outcomes of their pending work visa applications, will be adjudicated in accordance with the older legislation that was in place at the time that they applied,” explained Moodley, Rutherfoord-Jones, and Leahy.

The Webber Wentzel legal experts said that it is also important to understand that the points-based system does not apply to foreign nationals with a Zimbabwean Exemption Permit (ZEP) who are applying for or need to apply for a Critical Skills or a General Work Visa.

Their applications will be processed according to the specific rules and conditions for ZEP holders, not the points system.

Ministerial Waivers

On 8 October 2024, the Minister of Home Affairs issued two important Ministerial Waivers relating to General Work Visas and Critical Skills Work Visas.

The key points are:

• The requirement to provide a certificate from the Department of Employment and Labour when applying for a General Work Visa has been waived.
• A partial waiver has been granted for the SAQA Evaluation Certificate requirement: foreign nationals who provide the actual certificate may qualify for up to five years. If they can only prove they’ve applied for the certificate and are still waiting, they can receive a one-year visa, and once the certificate is provided, they can apply for the full visa duration.

“It is important to note that these Ministerial Waivers merely assist applicants in applying… and do not guarantee positive approvals of such applications,” said Moodley, Rutherfoord-Jones, and Leahy.

“Employers who employ foreign nationals should be aware of these changes,” they added.

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