Home Affairs minister Dr Aaron Motsoaledi has moved to provide clarity and remove any public confusion regarding the second amendment of the immigration regulations Act of 2014.
Motsoaledi was speaking at a media briefing on Tuesday at the GCIS Media Offices in Hatfield, Pretoria. He unpacked the amended immigration regulations published in the government gazette on March 28 this year.
Work Visa and point-based system
Motsoaledi was providing clarity on the general Visa, critical work Visa, remote work Visa, the trusted employer scheme, as well as the point-based system.
“I called this press conference to explain the confusion and misunderstanding of the gazetted regulations which appeared in several media houses. One such glaring misunderstanding … appeared repeatedly in the media. It is that we have done away with the critical skills Visa in favour of a point-based system. But in order to clarify, one needs to go back to the situation before the changes,” said Motsoaledi.
He said the critical skills Visa is appearing in section 19(4) of the Immigration Act.
“This is what the section states: “Subject to any prescribed requirement, a critical skills work visa may be issued by the Director-General. [It may be issued] …to an individual possessing such skills or qualifications. Those that are determined to be critical for the Republic from time to time by the Minister by notice in the gazette…”
“As stated in the Act, critical skills are not necessarily referring to important skills or prestigious skills. Critical skills means skills that are solely needed in the Republic for economic development. But where there is a dire shortage of such skills within the Republic. With a result that we need to look beyond the borders of the country,” said Motsoaledi.
Amended regulations
He also clarified the new thing in the amended regulations. Which is that “we have changed the frequency from four years to when it is necessary or when the need arises”.
“In 2023, the list was updated two times. The first was in February with reference to the doctors. The second was in September on the veterinary services.”
He said the general work Visa appears in section 19(2) of the Act. It states that: “A General Work Visa may be issued by the Director-General to a foreigner. [The foreigner] who is not falling within the category contemplated in sub-section 4. And who complies with prescribed requirements”.
Critical skills
“Sub-section 4 is the one dealing with critical skills. This means General Work is anything that is not covered in the critical skills list. The prescribed requirements mentioned in the Act are found in regulation 18 (3) of the previous regulation before the amendments. It states what “an application for a general work visa shall be accompanied by. Namely (a) letter issued by the prospective employer and by the department of Employment and Labour.
“This to the effect that a certificate has been issued to the department confirming a few factors. These are that despite a diligence search, the prospective employer has been unable to find a suitable citizen. [Or they could not find] a permanent resident with qualifications or skills and experience equivalent to those of the applicant.”
Motsoaledi said Home Affairs will not expand more on the point-based system. This because it still needs to be gazetted. ”We want to hear what the public will say about the scoring or points awarded,” he said.
Motsoaledi said the totally new additions in the amendment regulations include the remote work Visa and the trusted employer scheme.
Remote work Visa
He said the remote work Visa is for people who are employed in other countries but want to perform that work remotely while staying in South Africa.
He said this will be people in IT, auditing, finance, and any other job which allows a person to work remotely.
“But the catch hear is that none of them must earn an equivalent of less than R1-million. The offer given to them is that they do not have to pay tax for employment of six months,” said Motsoaledi.
He said the introduction of the trusted employer scheme for qualifying companies is a means to provide a flexible pathway. The pathway is for employers to obtain work visas expeditiously in line with best practices.
“In this, the responsibility of collecting documents locally and globally is given to the prospective employer. This with the proviso that when a random check is done, an employer will not be found to have committed misrepresentation.
“This will enable the visa to be finalised within 20 days whereas before this scheme it was eight weeks. The TES became active from March 1 2024. Out of the 108 companies that applied, 70 were successful and are currently part of the scheme,” he said.
Trusted Employer Scheme
The minister said the criteria for participating in the Trusted Employer Scheme are the following:
You have to invest R100-million or more and this investment must be proven;
Have 100 or more employees, with 60% of them being South Africans;
Priority is given to these sectors: energy (especially power generation) and infrastructure;
Skills transfer or graduate development programme for those who are South Africans;
BEE credentials which must be provided by the Department of Employment and Labour.
In line with president’s Visa regime speech during Sona
The second amendment on the immigration regulations Act comes after President Cyril Ramaphosa announced that the country will review its Visa regime. He announced this during the 2022 State Of the Nation Address. This is in order to allow foreigners to come to the country for tourism, business and work.
