South Africa: Guidelines for Points for General Work Visa and Critical Skills Work Visa Criteria Published
October 23, 2024
At a Glance
- The Department of Home Affairs has published the allocation of points and criteria for the General Work Visa and Critical Skills Work Visa under the new points-based system to adjudicate work visa applications.
- The new points-based system has reduced documentary requirements as compared to the previous immigration process for these visas, and is expected to reduce processing times for the General Work Visa and Critical Skills Work Visa.
- Applicants applying for a Critical Skills Work Visa must score at least 100 points by having an occupation listed on the critical skills list. Those applying for a General Work Visa must score at least 100 points under a points-based system that includes factors such as educational qualifications, salary level, years of experience, language skills and the status of their employer.
- Update October 23, 2024: The Department of Home Affairs has made an amendment to the allocation of points under Employer Status for the General Work Visa criteria.
The situation
The Department of Home Affairs has published the allocation of points and criteria for the General Work Visa and Critical Skills Work Visa, effective October 8, 2024.
A closer look
- Eligibility for either visa. Under the published criteria, applicants must score a total of 100 points to qualify for either visa (though the criteria and points differ as indicated below) and must submit a valid police clearance and medical report, among other documentary requirements.
- Critical Skills Work Visa eligibility. Applicants for a Critical Skills Work Visa must score at least 100 points by having an occupation listed on the critical skills list. Those who do not qualify can apply for a General Work Visa.
- General Work Visa eligibility. Applicants for a General Work Visa must score at least 100 points under the following criteria:
Criteria | Explanation | Allocated Points |
Qualifications
|
National Qualifications Framework (NQF) level 9 (master’s degree) and 10 (doctoral degree) |
50 |
NQF levels 7 (bachelor's degree or advanced diploma) and 8 (bachelor’s degree, postgraduate diploma or bachelor honors degree) |
30 |
|
Salary based on employment
|
Above ZAR 976,194 gross salary per year |
50 |
Between ZAR 650,796 and ZAR 976,196 per year |
20 |
|
Work experience
|
5-10 years |
20 |
More than 10 years |
30 |
|
Employer status |
Offer from Trusted Employer Scheme Company |
30 (previously 20), per change on October 23, 2024 |
Language skills |
Proficient in at least one official South African language |
10 |
Impact
Companies intending to hire foreign nationals under a General Work Visa or Critical Skills Work Visa will benefit from streamlined and more transparent work visa processing and reduced administrative requirements (i.e., a letter from the Department of Labour is no longer required for either category). The system is also expected to reduce processing times for both visa types.
The new points criteria under the Critical Skills Work Visa is expected to boost the South African economy by attracting critical talent required in technology, healthcare and engineering, among other sectors important to the development of the economy. Moreover, this streamlined process will make it simpler for companies to hire workers to fill these in-demand highly skilled positions.
Background
- Previous work visa regime. The previous process involved extensive and strict documentation requirements for each visa, including difficult-to-obtain documents like a letter from the Department of Labour and proof of membership to an accredited professional body. Additionally, the processing times were long (up to an estimated six to nine months). An average of 52% of all Critical Skills Visa and General Work Visa applications were rejected between 2014 and 2021 under the previous work visa regime due to missing or outdated documents, which ultimately led to an extensive visa adjudication process. This resulted in companies' inability to recruit qualified professionals on a timely basis.
- History of adoption of points-based system. The Department of Home Affairs published the regulations on the new points-based system in May 2024 after the draft amendments were withdrawn because the public comment process was not completed before the regulations were implemented, and details around the regulations were not clear when they were published.
- Points-based systems in immigration landscape. Points-based immigration systems have long been a key strategy for managing economic migration worldwide by offering a transparent and merit-based approach to selecting foreign workers. Australia, Canada, New Zealand and Singapore are among the countries that utilize such systems.
Looking ahead
It is anticipated that these reduced administrative requirements and streamlined processing steps will attract skilled foreign nationals and investment to South Africa.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].