• Insights

African Immigration and its Skills Development, Retention and Transfer Mechanism

May 11, 2018

south africa

Countries / Territories

  • KenyaKenya
  • South AfricaSouth Africa

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Emmanuel Kalonji

Historical Background to Africa’s Current Skills Shortage

It is no secret that the African continent has been experiencing a shortage of skills in the most important sectors related to development and growth, such as science and technology, engineering, mathematics, advanced technologies, automation, artificial Intelligence, robotics, nanotechnology, 3D printing, and autonomous vehicles.

This reality has been delaying the continent’s progress towards sustainable, inclusive growth and development.

Even though it has been years since countries on the continent gained independence, there is still a general approach to ‘corrective measures’ aimed at trying to correct the imbalance in the availability of local skills and talent. Most countries have some form of localization initiatives, trying to enforce plans that could promote the retention of required skills and develop local skills by making it compulsory for companies that sponsor work permits to provide a detailed skills transfer plan to the local citizens that is to be followed and implemented during the course of the expatriate’s assignment period.

It’s also noteworthy that with the wave of countries’ patriotic spirit that arose in the 60s, skilled expatriates were forced to leave the continent and employment was automatically localised in most instances to unskilled natives.

Having in place a comprehensive skill retention and skill development plan that could benefit the indigenous workforce prior to the expulsion of colonialists was never part of Africa’s agenda during that period. As a result, skilled expatriates were left with no option other than to reduce their activities and presence in the continent. This impacted negatively on the continent’s work force skills growth.

Such a system essentially deprived African workers of the opportunity of being exposed to a complete range of industrial activities that could have empowered them.

In addition, Africa’s business partners took advantage of the situation that stemmed from the lack of skilled labour and a pattern was put in place whereby experts and highly skilled individuals were imported when needs arose, which is an expensive practice. Employers had no choice but to employ ‘outsiders’ to specific assignments where the skill could not be sourced locally.

Whilst it was definitely important to acknowledge and celebrate the need for and the continent’s accession to independence, it should have been an important priority for Africans to ensure that a legal framework was put in place to keep and retain skills that were required to the benefit of the local workforce development.

For some time, the post-colonial international labour practices system in place worked to the disadvantage of the continent’s skill development growth. The local workforce was not exposed to specific required industrialization expertise. In fact, they were limited only to extractive or primary activities.

Africa regulation trends to improve skills retention, transfer and development

Recently, we have noticed positive moves and labour regulatory initiatives toward the implementation of skills retention, skills transfer and skills development across the continent.

South Africa: White paper on international migration

On the 9th July 2017 a white paper on international migration was published by the Department of Home Affairs. The document provides a policy framework for a comprehensive review and overhaul of the existing immigration system. The publicised document is ambitiously trying to achieve the objective of the South African National Development Plan.

The paper aims to attract, retain and develop highly scarce talents by reviewing the current scarce skills list for areas which may be over capacitated.

The points based system approach embodied in the paper intends to ensure that only required skills are retained and developed in South Africa.

Rwanda: H1 Skilled worker on an occupation on demand 

The Rwandan immigration regulations provide for a skilled work permit type known as H1. This permit is issued to an expatriate who possesses skills needed in the country. Expatriates whose skills are listed on the updated occupation demand list are exempted from the labour market test.

Nigeria: Combined Expatriate Residence Permit and Aliens Card (CERPAC)

In addition to the quota requirement in terms of the maximum limited number of expatriates in a company the regulations require that for each allocated expatriate position within a company two local understudies must be identified in terms of the skills transfer plan.

As part of the strategy to enforce and materialise the skills transfer and skills development plans, most African labour regulatory system trends require that a local understudy be identified within the company which is sponsoring the expatriate’s work permit application to ensure that at the termination of the expatriate assignment the local employee must be fully skilled.

In addition, certain countries such as South Africa have put in place a tax collection mechanism where a levy has been imposed to encourage employee’s learning and skills development.

Furthermore, in most of African countries we do find public institutions such as national employment agencies charged with the responsibility to manage issues related to unemployment as well as skills development. In most instances these agencies are part of the labour departments with a mission to identify scarce skills, provide professional training where need be and assist companies in the identification of skills that are required.

It is hoped that some of the strategies mentioned above will enable countries in Africa to achieve sustainable development goals as set out by UNESCO for 2030 targets.  

What does this mean for investors?

Based on the localisation trends that are currently happening in the continent, investors intending to bring expatriates to Africa on a long term work permit assignment should factor in their long term plans that immigration and labour laws may change between the time that expatriates are work authorised in a country and the time that expatriates’ work permits are due for renewals.

If you have any questions with regards to changes in the labour and immigration policies impacting skills development and transfer in the African continent, please reach us at [email protected].

Countries / Territories

  • KenyaKenya
  • South AfricaSouth Africa

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for The Leadership Lifecycle.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more
Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for The Leadership Lifecycle.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
August 24, 2026 | United StatesUnited States: Federal District Court Vacates State Department’s 75-Country Immigrant Visa Ban
August 24, 2026 | United StatesFragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development
August 24, 2026 | NamibiaNamibia: New Investor and Business Owner Permit Introduced
August 24, 2026 | United KingdomPeople Management: Unpacking the New Overseas Talent ‘Concierge’ Service
August 24, 2026 | Saudi ArabiaSaudi Arabia: Saudization Requirements Announced for Several Activities and Professions
August 24, 2026 | United StatesUnited States: Federal District Court Vacates State Department’s 75-Country Immigrant Visa Ban
August 24, 2026 | United StatesFragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development
August 24, 2026 | NamibiaNamibia: New Investor and Business Owner Permit Introduced
August 24, 2026 | United KingdomPeople Management: Unpacking the New Overseas Talent ‘Concierge’ Service
August 24, 2026 | Saudi ArabiaSaudi Arabia: Saudization Requirements Announced for Several Activities and Professions
August 24, 2026 | United StatesUnited States: Federal District Court Vacates State Department’s 75-Country Immigrant Visa Ban
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.