• Insights

Immigration Reform Plans Announced

January 24, 2014

insight-news-default

Country / Territory

  • South AfricaSouth Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn
The South African government has announced plans to publish for public comment a long-awaited package of immigration reforms on February 1, 2014. The reforms include extending the validity of intracompany transfer work visas to four years, the abolition of in-country change of status procedures and of two work permit categories, new application forms and application fees, and new penalties for non-compliance.

The reforms are anticipated to take effect on June 1, 2014, though the implementation date may be affected by the level and substance of public feedback.

Longer Validity for Intracompany Transfer Work Visa

Intracompany transfer work visas would be issued with a maximum validity of four years, extended from the current maximum of two years.

In-Country Change of Status No Longer Permitted

Foreign nationals in visitor status would be formally prohibited from changing status to work permit holders from within South Africa. The new prohibition should have minimal impact for employers, most of whom already avoid the change-of-status process as a best practice.

New Critical Skills Visa to Replace Quota and Exceptional Skills Work Permit Categories

Both the quota and exceptional skills work permits will be replaced with the critical skills work visa. Eligibility criteria for the new visa category have yet to be announced. Unfortunately, it is possible that current holders of quota and exceptional skills work permits may not qualify for the critical skills work visa. No grandfathering provisions are expected.

The quota work permit allows foreign nationals to obtain work authorization to fill positions that appear on a government list of occupations in demand. The exceptional skills work permit is a limited program designed for foreign nationals with internationally documented, specialized skills.

New Application Forms, Fees and Penalties

The Department of Home Affairs (DHA) will release new application forms and will impose new filing fees and penalties for noncompliance.

The DHA has also proposed eliminating the current fine for visa overstays. Under the new measure, a foreign national who overstays his or her visa beyond a set (and as yet unconfirmed) number of days would be named on a list. Those on this list would need to apply for and obtain removal from the list before being eligible to return to South Africa and before applying for a temporary or permanent residence permit. Currently, foreign nationals who overstay their visas pay a fine only when applying for a subsequent visa to return to South Africa.

What This Means for Employers

The immigration reforms are expected to eventually improve consistency in both procedures and processing times. However, employers and foreign workers should be prepared for delays and discrepancies in implementation both throughout South Africa and also at South African diplomatic posts worldwide.

Employers and foreign workers should anticipate that the new immigration regulations will adversely affect at least some foreign nationals working in South Africa, as certain immigration categories will be eliminated, while other categories will have changed renewal criteria after the immigration reforms take effect.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].   

Country / Territory

  • South AfricaSouth Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Fragomen news

Letter to ICE/Student and Exchange Visitor Program on Curricular Practical TrainingLearn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Fragomen news

Letter to ICE/Student and Exchange Visitor Program on Curricular Practical TrainingLearn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

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 InsightsView 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
  • 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
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
September 17, 2026 | BahrainBahrain: Health Insurance Now Required for Dependents Applying for New Residence Permits
September 17, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
September 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
September 15, 2026 | NetherlandsBusiness Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
September 17, 2026 | BahrainBahrain: Health Insurance Now Required for Dependents Applying for New Residence Permits
September 17, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
September 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
September 15, 2026 | NetherlandsBusiness Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
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.