
26 Jun Big Visa Changes for South Africa
The Department of Home Affairs (DHA) has once again published amendments made to South Africa’s immigration laws after previously declaring and withdrawing them.
On the 28th of March 2024, the DHA mistakenly published an amendment to the immigration regulations of 2014, before the closing date of the public comments period (29th March). Minister of Home Affairs, Aaron Motsoaledi, then proceeded to withdraw the gazette. This sudden retraction caused a backlash as well as confusion among businesses, most notably in the tourism sector.
The withdrawal took place on April 12. Motsoaledi stated that the regulations would be revised within a week. It took more than a month. On May 20th, the amendments were re-gazetted.
The amendments introduced a point-based system for work visas and introduced the remote work visa category.
The new regulations have been well-received by businesses in South Africa. According to the Consumer Goods Council of South Africa, the new regulations should ease the administrative burden that international companies with businesses in South Africa face when hiring skilled foreign nationals.
Important Changes to The Amendment
Remote Work Visa
A significant addition is the remote work visa (or digital nomad visa), which is for individuals working in South Africa for foreign employers. The visa targets high-earning individuals. To qualify for the visa, applicants must earn a minimum annual income of R1 million. This visa was implemented in the hopes of stimulating the South African economy and attracting other high-earning workers.
Here are the requirements for getting the visa:
To obtain the visa, the individual must be a foreign national who earns a foreign source of income on a remote basis. The individual must earn no less than R1 million per year. The visa is valid for a period of three years. The individual may apply to be exempt from paying SARS and registering as a taxpayer. If the visa is issued for longer than 6 months, the individual must register and pay tax.
General Work Visa Changes
The regulations also included changes to immigration laws, introducing a points-based system for adjusting general work visa applications.
This will ultimately streamline the visa application process. But how does the points-based system work? information regarding the points based system and how points will be scored is yet to be seen. From what we know now, the points-based system evaluates applicants based on age, qualifications, language skills, work experience, offer of employment, salary, and other factors to determine visa eligibility.
Critical Skills List
The new regulations also bring significant changes to the critical skills list.
Organisations are now able to expedite the gazetting process for essential critical skills, eliminating the usual four-year waiting period. This is good news: visas are required for in-demand skills. Businesses will now be able to efficiently fill critical roles without delay.
With the implementation of these changes, individuals and businesses should take advantage of this opportunity to eliminate past issues and delays and create a new, dynamic, and inclusive workforce in South Africa.
With years of experience successfully handling thousands of immigration-related applications, June Luna Immigration Attorneys is well-equipped to help you navigate the intricacies of the Department of Home Affairs’ applications. For more information, contact us today.