17 Oct Immigration Act 2002: Point-Based System

In 2024, amendments to the South African Immigration Act of 2002 introduced a point-based system to assess applications for both general work visas and critical skills work visas.

This significant reform, spearheaded by the Department of Home Affairs, aims to streamline and modernise the immigration process by setting a transparent and merit-based criterion for skilled workers. But what does this point-based system entail, and how does it impact prospective immigrants?

What is a Point-Based Immigration System?

A point-based immigration system evaluates an applicant’s eligibility based on a variety of measurable factors.

These factors can include:

● Education level
● Work experience
● Language proficiency
● Job offer status
● Connection to the country
● Remuneration levels

Each criterion is assigned a specific number of points, and the applicant must reach a predetermined threshold (100 points in this case) to qualify for a visa. This system enables countries to attract individuals with skills and qualifications that align with national economic priorities while also ensuring fairness and transparency in the immigration process.

The Critical Skills Work Visa

For applicants aiming for a critical skills work visa, the process is relatively straightforward under the new point-based system. If an individual’s occupation is listed on South Africa’s critical skills list and the individual meets all other regulatory requirements, they are automatically granted the full 100 points needed for a visa.

The critical skills list is regularly updated and includes professions in high demand across sectors such as IT, engineering, and healthcare. This visa is designed to address skill shortages in the country, ensuring that industries critical to the economy have access to global talent.

General Work Visa: The Breakdown of Points

For a general work visa, the points are distributed based on several factors, each contributing to the overall score. These criteria are:

1. National Qualification Framework (NQF) Level:

Applicants must have a qualification equivalent to NQF Level 7 or higher. This corresponds to a bachelor’s degree or above. Higher education levels receive more points.

2. Annual Remuneration:

The applicant’s annual salary should be at least R650,796. A verified offer of employment is mandatory to meet this requirement.

3. Trusted Employer Status:

Points are awarded if the employer is classified as a trusted employer by South African immigration authorities. This category recognises companies that comply with local labour and immigration laws.

4. Work Experience:

○ Applicants should have at least five years of relevant work experience. The more experience, the more points one can accumulate.

5. Language Proficiency:

The applicant must demonstrate proficiency in at least one of South Africa’s official languages. Proficiency levels may be tested and points are awarded accordingly.

Recent Amendments and Their Impact

In addition to introducing the point-based system, recent amendments in May 2024 have significantly reduced the minimum earnings requirement for prospective foreign workers. This change makes it easier for a wider range of skilled professionals to qualify for work visas.

Additionally, tax-related requirements have been fine-tuned to ensure that applicants comply with South Africa’s tax laws, further aligning the immigration process with broader national economic policies.

How Does This Affect Applicants?

The introduction of the point-based system simplifies the work visa application process by making it clear what factors contribute to eligibility. Skilled workers in critical industries will find it easier to navigate, as they are more likely to meet the criteria for a visa. For those applying under the general work visa, careful attention must be paid to the qualifications, salary, and work experience needed to achieve the 100-point threshold.

If you are considering applying for a work visa in South Africa, understanding this system is crucial to planning your move. At June Luna Immigration Attorneys, we are here to help you navigate these changes, ensuring that you meet all requirements and have the best chance of securing your visa.

Ready to start your application? Contact June Luna Immigration Attorneys today and let us guide you through the process.