22 Jul What to Know The Immigration Amendment Bill (B8 – 2024)
On February 8, 2024, the South African Department of Home Affairs released a draft in the Government Gazette that had several proposed amendments to existing Immigration Regulations, as stated under the Immigration Act. These proposed amendments were meant to be open to public commentary until March 29, 2024.
However, instead of doing this, the Department announced the final amendments to the Regulations in the Government Gazette on March 28, 2024, seemingly without any regard for public comments.
This decision by the Department received wide criticism for its failure to allow for meaningful public consultation. In April 2024, the amendments to the Regulations were withdrawn, with the Minister indicating that the Department would address certain issues and promulgate them again in due course.
On May 20, 2024, the Minister promulgated the new, final amendments to the Regulations.
Below are some of the key changes:
Points-Based System for Work Visa Applications
The amendments introduce a points-based system for work visa applications. The points-based system will consider factors such as the applicant’s age, qualifications, language proficiency, work experience, job offer, and adaptability to South Africa. This system will replace the current role of the Department of Labour and Employment (DOLE) in the General Work Visa (GWV) application process.
Deletion of the Definition of Radiological Reports
The amendments remove the requirement for a Radiological Report for visa and permanent residence applications. Applicants now only need to furnish a medical report from a registered medical practitioner, not more than six months old at the time of application submission, detailing their overall health status and any existing medical conditions.
Remote Work Visa (Digital Nomad Visa)
The amendments mark the introduction of South Africa’s long-awaited digital nomad/remote worker visa category. This new visa allows foreign nationals to work remotely for a foreign employer while living in South Africa, provided their annual earnings amount to no less than R1 million.
If the visa duration exceeds six months within 36 months, the foreign national must register with the South African Revenue Service (SARS) for tax obligations. However, if the visa duration is six months or less within 36 months, the foreign national can apply for an exemption from registering as a taxpayer.
Exceptional Circumstances to Change Status
The amendments have broadened the exceptional circumstances under which individuals holding a short-term Visitor’s Visa can change their immigration status while in South Africa.
The new amendments allow for the spouse or child of a South African citizen or permanent resident, as well as the parent of a South African citizen or permanent resident child, to change their visa status within the country.
This change eliminates the previous requirement for foreign relatives to apply for long-term visas from their home countries.
Amendment to Definition: Police Clearance Certificates
The amendments revise the requirements for police clearance certificates. A police clearance certificate is now only necessary in countries where the foreign national has lived for 12 months or more after turning 18 during the five years immediately before the visa or permanent residence application date.
Registration with Statutory Professional Bodies, Boards, and Councils
The amendments have changed the requirements for applying for a Critical Skills Work Visa and a Corporate Visa. If only proof of application for registration with the relevant statutory professional body, council, or board is provided, the visa may be granted for up to 12 months.
If proof of final registration is submitted, the visa may be issued for the full term (five years for a Critical Skills Work Visa and three years for a Corporate Visa). Similar changes are introduced for Permanent Residence Permit applications based on self-employment.
Immigration Amendment Bill (B8 – 2024)
The Immigration Amendment Bill, 2024 seeks to address constitutional court judgments by amending section 34(1) of the Immigration Act, 2002. The amendment ensures that any illegal foreigner detained under this section is brought before a court in person within 48 hours from the time of arrest.
The Immigration Amendment Bill (B8 – 2024) has introduced significant changes to improve the efficiency and fairness of South Africa’s immigration system. From the introduction of a remote work visa to the overhaul of the work visa application process and the expansion of exceptional circumstances for changing visa status, these amendments reflect a commitment to aligning immigration regulations with the needs of a modern South African society.
For more information or assistance with navigating these changes, contact June Luna Immigration Attorney’s office. We’re here to help you understand and comply with the new regulations to ensure a smooth immigration process.