Scoring your way in: South Africa's points-based visa system

South Africa's points-based visa system

In May 2024, the South African government announced plans to implement a new points-based system for issuing work visas. These changes, officially introduced on 9 October 2024, through amendments to the Immigration Regulations of 2014, will significantly impact the Critical Skills and General Work Visas application process. Importantly, Intra-Company Transfer Visas are not affected by this new system. Understanding the new eligibility criteria is crucial for both employers and prospective employees seeking to bring foreign talented professionals to South Africa. 

This article will provide a clear overview of the points-based system and its implications.

The new points-based system introduces a more transparent and structured way for foreign professionals to assess their eligibility to work in South Africa. The system is based on a scorecard, where applicants acquire points based on various factors such as occupation, qualifications, language proficiency, work experience, and salary level. Applicants will additionally be required to submit valid police clearance certificates and medical reports, and must ensure that they acquire 100 points on the scorecard in order to qualify for either a General Work or Critical Skills Visa. 

ELIGIBILITY

Critical Skills Work Visa:

Applicants seeking a Critical Skills Visa must obtain a minimum of 100 points, which points are automatically acquired should an applicant’s occupation appear on the revised gazetted critical skills list dated October 2023. In an instance where an applicant does not qualify for this type of visa, it is advised that such an applicant ascertain whether they may qualify for a General Work Visa. 

General Work Visa:

Applicants seeking a General Work Visa must obtain a minimum of 100 points, which points are acquired based on an applicant’s qualifications, salary level, work experience, employer status and language proficiency. Each category is allocated a set number of points with the qualifications category making up most of the 100-point component. The said criteria can be seen herein below:
 

The new points-based system for visa applications in South Africa aims to streamline the process, but certain aspects require further clarification. For instance, the scorecard includes language proficiency in any of the official South African languages as a criterion but lacks specific guidance on how this proficiency will be assessed. This ambiguity may lead to inconsistencies in application evaluation.

THE ROLE OF THE SOUTH AFRICAN QUALIFICATION AUTHORITY

Previously, the South African Qualifications Authority (“SAQA”) was responsible for evaluating foreign applications, with the result that a successful applicant would receive a SAQA Evaluation Certificate. The new system, however, waives this requirement for both Critical Skills and General Work Visas. Nonetheless, applications submitted before 9 October 2024, will continue to be processed under the previous adjudication system.

IMPLICATIONS FOR CURRENT VISA HOLDERS

Critical Skills Work and General Work Visas validly issued before 9 October 2024 are not impacted by these changes and will remain in effect under the terms and conditions initially granted. There is therefore no need for current visa holders to take immediate action unless they seek to extend, renew, or modify their visa.

The revised immigration Regulations represent a significant step towards a more efficient and transparent immigration system. The implementation of a points-based system, alongside standardised checklists for various visa categories, demonstrates a proactive approach to addressing the country's economic and administrative needs. By streamlining processes, the Department of Home Affairs (“DHA”) aims to attract skilled professionals and tourists while fostering a predictable and equitable immigration framework.

Navigating these new regulations can be complex. RSM South Africa offers expert guidance to assist individuals and businesses in understanding the new requirements and ensuring a smooth and compliant application process.

Bronwyn Kodisang                                                                                                                  Esther Kasambara

Legal Advisor                                                                                                                              Divisional Director: Legal