South Africa Immigration Update: Points-Based System and Remote Work Visa Introduced

The Minister of Home Affairs, Dr. Leon Schreiber on 9 October 2024 published new Immigration Regulations pertaining to the following –

  • Points-Based System for Critical Skills and General Work Visa
  • The Remote Work Visa
  • Partial waiver for SAQA requirement
  • Ministerial Directive for Port of Entry Visas

The Points-Based System All General Work Visa applications will now be adjudicated under the points-based system. The previous requirement for a certificate from the Department of Employment and Labour in support of a General Work Visas application has now been fully waived for all applicants. To qualify, an applicant must instead score a minimum of 100 points. Points are earned through various criteria including qualification, gross salary per annum, years of work experience, Trusted Employer status and language proficiency (full table included below).

Applicants for a Critical Skills Work Visa, will immediately earn 100 points through their occupation listed on the Critical Skills list.

Remote work visa criteria

Remote Work Visas

The remote work visa has now been officially rolled out and stipulates the following criteria –

  • The applicant must work for a foreign employer on a remote basis.
  • Their Gross Annual Income must be R650,976.00 or more.
  • Applicants must register/comply with the South African Revenue Service and relevant double taxation agreements, as outlined in the Income Tax Act.

Partial Waiver of SAQA Evaluation Given the delays in obtaining SAQA evaluation certificates for foreign qualifications, proof of an application to SAQA will now suffice for the issuance of a 12-month Critical Skills or General Work Visa.

Once the SAQA evaluation is secured, the visa may be extended for the remaining 4-year period from within South Africa.

New Ministerial Directive for Port of Entry Visas

This Directive orders Foreign Missions and E-Visa Managers to adhere to the requirements for port of entry visas, this includes business and tourists visas. The Directive addresses inconsistencies and concerns around unauthorised documentation requests from Foreign Missions and E-Visa Adjudicators. This change aims to ensure a uniform and transparent process for all applicants regardless of nationality, place of submission or port of entry.

In Summary These changes to immigration regulations represent a significant shift towards a more efficient and transparent system. The introduction of a refined points-based system for Critical Skills and General Work Visas, alongside the new standardised checklist for the Critical Skills, General Work Visa and the Remote Work Visa, demonstrates a proactive approach to addressing the country’s economic and administrative needs. By streamlining visa processes, reducing income thresholds, and clarifying requirements, the Department of Home Affairs  is working towards achieving its objectives to attract skilled professionals and tourist while fostering a predictable, lawful and equitable immigration framework.

If you require assistance navigating these new regulations or have questions about your visa application, please do not hesitate to contact Xpatweb. Our team of experts are ready to guide you through the process and ensure a smooth and compliant application experience.

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Visa Litigation South Africa

John-Paul Fraser

Tax Attorney, Admitted Attorney, BCom (Law), LLB at TAX CONSULTING SOUTH AFRICA

John-Paul is employed at Tax Consulting South Africa and is an Admitted Attorney of the High Court of South Africa, having completed his BCom Law Degree LLB Degree. He is in the process of completing his Masters in Business Administration (MBA) through the University of Suffolk in England. John-Paul specialises in cross-border taxation and has found a passion in the technicalities and relief offered under the international legal framework ensuring that tax treatment of income and assets are correctly allocated to the relevant tax jurisdictions.

Visa Litigation South Africa

Keri Culver

Senior Immigration Consultant at Xpatweb

Keri has dedicated the past eight years to the immigration industry, gaining extensive experience in Canadian, South African, Australian, EU, UK, African, and Mauritian visa processes. She manages a large corporate client portfolio, ensuring tailored solutions for businesses and individuals alike. Her comprehensive knowledge, combined with her extensive travels, enables her to provide personalised and effective immigration strategies to clients worldwide. Keri takes pride in delivering exceptional client service, ensuring every individual’s journey through immigration is smooth and efficient.