22 Jan Tighter Asylum Rules and Merit-Based Citizenship System

South Africa’s Department of Home Affairs (DHA) is proposing major reforms to its asylum and citizenship policy, including a “first safe country” rule and a shift to a merit-based, points-driven citizenship system.

In recent developments, Minister Leon Schreiber, the Minister of Home Affairs, has declared that the proposed reforms are designed to address issues the department has been facing, such as fraud and abuse, while enhancing national security.

The DHA has proposed a Draft Revised White Paper that outlines major changes to citizenship systems and asylum. However, the new system will not affect the existing principle that a child with at least one parent who is a South African citizen at the time of birth automatically becomes a citizen. Children born to non-South African parents will still be required to apply for naturalisation.

Key reforms include stricter asylum eligibility with a “first safe country” rule and a new merit-based points system for permanent residency and citizenship. This means that if applicants have passed through safe third countries before reaching South Africa, they will not be eligible for asylum in the country. Currently, the system provides asylum for all regardless of their prior status elsewhere, while this new rule excludes those with refugee status or who transited safe countries. While these changes simply aim to modernise immigration and reduce abuse, they have ignited debate among legal experts and advocacy groups about their social and humanitarian implications.

A Citizenship Advisory Panel will objectively consider and advise on applications, while a points-based system will be utilised for those seeking citizenship through economic channels. The system currently faces ongoing backlogs, while the proposed reform aims to combat this with an annual application window and an independent advisory panel for transparency.

Applications for citizenship will only be accepted during an annual window period in an effort to prevent backlogs. With regard to the merit-based citizenship, it is proposed that points will be awarded for education, work experience, investment, and other contributions.

Following the introduction of new visa categories through Operation Vulindlela, the White Paper also proposes a new merit-based points system for certain visas and permanent residency. The current visa system has multiple overlapping categories, while the proposed reform aims for consolidation into new categories, e.g., Skilled Worker Visa, sectoral work visas, and remote work visas.

In addition, the White Paper introduces civil registration reforms for births and deaths in preparation for the rollout of a digital identity system, electronic travel authorisation, and biometric data collection instead of the paper-based system currently in place.

These reforms to South Africa’s asylum and citizenship framework signal a significant shift towards a more regulated, merit-based system. While the DHA aims to reduce fraud, strengthen national security, and streamline application backlogs, the introduction to stricter rules and points-based citizenship criteria has sparked an important debate around access, fairness, and humanitarian responsibility.

As the Draft Revised White Paper moves through consultation, its final form will be closely watched by legal experts, businesses, and civil society alike, given its potential long-term impact, economic participation, and social cohesion in South Africa. The public has until the end of January to make submissions on the White Paper, with public consultations across all provinces scheduled for mid-January.

For more information or to find out how these new reforms will impact you, CONTACT US. Our team of attorneys at June Luna Immigration Attorneys today.