Immigration Reform Plans Announced

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].