South Africa: Public Comment Requested on Draft Amendments to Overhaul Immigration Regulations
February 13, 2024
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At a Glance
- The Department of Home Affairs (DHA) is seeking public comments on draft immigration regulation which would overhaul the South African immigration system. The draft proposes to:
- introduce a point-based system for assessing work visas;
- create a digital nomad visa;
- formalize the rules surrounding visitor visas for the spouses, parents, and children of South African nationals or permanent residents;
- modify guidance on certificates of registration; and
- formalize police clearance documentation requirements.
- Individuals and employers interested in submitting comments must do so by March 29, 2024.
- After this period, the DHA will review and potentially change the amendments based on the comments, after which time the amendments will become law.
The situation
The Department of Home Affairs (DHA) is seeking public comments on significant changes proposed to South Africa’s immigration law by March 29, 2024.
A closer look
Key proposed changes include:
|
Change |
Details |
Impact |
|
Points-based system for Work Visas |
|
The new points-based system is expected to create a more transparent Work Visa adjudication process. |
|
Digital Nomad Visa |
|
The Digital Nomad Visa would offer an immigration pathway to remote workers, which is currently unavailable in South Africa. |
|
Changes of status for spouses, parents, and children of South African nationals or permanent residents |
The new regulations would formalize the existing rule that allows spouses or children of South African nationals or permanent residents to change status from a Visitor Visa to work authorization without leaving South Africa to apply for a new visa or work permit in their country of residence or origin.
|
This would make law the rule that already exists in practice that allows affected foreign nationals to benefit from reduced administrative burdens in the change of status process. |
|
Relaxed certificate of registration rule |
|
This change would offer Critical Skills Work Visa, Corporate Visa, Business Visa, or ‘permanent residence with a certificate of registration’ status applicants an additional pathway to obtain a visa or permit while waiting for the issuance of a certificate of registration. |
|
Relaxed police clearance certificate requirement |
The regulations would formalize the rule for foreign nationals age 18 or older to provide a police clearance certificate from any country in which they have resided for at least 12 consecutive months within the five years preceding their work permit application.
|
This would make law the rule that already exists in practice, and would continue to reduce foreign nationals’ document-gathering time during the work permit application process. |
Background
The DHA seeks to impose more uniform immigration-related rules through these amendments in an effort to boost tourism and investment and attract skilled foreign nationals to grow the economy.
Looking ahead
Individuals or companies interested in submitting comments can submit their written responses in writing directly to the Department of Home Affairs, by mail or emailing [email protected].
After reviewing the public comments, it is anticipated that the DHA will implement new regulations once they have been published in the official gazette. It is possible that this could take several months, though the authorities are cognizant of the talent shortages that exist in the country and this may impact the implementation timeframe.
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].
