Home affairs minister Leon Schreiber will on Wednesday gazette far-reaching reforms of South Africa’s visa regime that will have significant implications for the economy, tourism, foreign investment and the procurement of much-needed skills.
The reforms remove bureaucratic hurdles and are designed to make it easier for companies and multinationals to hire skilled workers, as well as making SA a realistic prospect for remote workers seeking an opportunity to combine work with tourism.
Schreiber will gazette amended requirements for the remote work visitor visa, and regulations pertaining to how the new points-based system for critical skills and general work visas will function.
This is in line with President Cyril Ramaphosa’s call in July for the coalition government to “overhaul the visa regime to attract skills and investment and grow the tourism sector”.
Schreiber said the “fit-for-purpose and market-friendly” reforms would reposition SA as a world-class destination for investment and tourism to create thousands of new jobs.
“The new points-based system also introduces a transparent framework to adjudicate visas to tackle corruption.”
The immigration regulations under the Immigration Act have been amended to determine how points for critical skills and general work visas will be awarded.
An applicant will require 100 points to qualify for a visa, 100% of which will be allocated if the occupation is on the critical skills list. Those with National Qualification Framework (NQF) levels 9 and 10 will earn 50 points and 30 points with NQF levels 7 and 8.
If the offer of employment (which is mandatory) carries a gross annual salary of above R976,194, 50 points will be assigned and between R650,796 and R976,194 a total of 20 points. Work experience between five and 10 years will win 20 points, while 10 years and above will earn 30 points.
The offer of employment from a trusted employer will earn 20 points. Being proficient in at least one official language will earn 10 points.
An applicant will have to meet all the other prescribed requirements such as police clearance and a medical report for a critical skills visa or a general work visa.
If the 100-point threshold is reached through a combination of points, the applicant will be issued with a general work visa which will be valid for a maximum of five years.
Schreiber noted the R650,796 income threshold for a general visa applicant outside the trusted employer scheme amounted to double the median income in the formal sector and would protect existing jobs at the lower end of the market while injecting skills at the top.
Cutting red tape
Schreiber said the new points-based system for work visas would combat corruption and inefficiency by cutting red tape.
The minister has also waived the requirement of a department of employment and labour certificate for general work and critical skills visas, and a partial waiver of the need for an SA Qualifications Authority (Saqa) evaluation certificate if one is not available at the time of application. However, proof will be required that an application has been submitted to Saqa, in which case a visa will be issued for 12 months, which is about how long a Saqa evaluation takes.
To qualify for a remote working visa, the applicant will need proof of sufficient financial means, defined as a gross salary of no less than the equivalent of R650,796 a year in the form of three months’ bank statements, a valid contract of employment and a valid return air ticket or proof of reservation.
If the holder of a remote working visa is resident in a country that has a double taxation agreement with SA, the applicant will have to register with the SA Revenue Service (Sars) if they stay longer than an aggregate of 183 days during any 12-month period. If there is no agreement, they will have to register with Sars.
Holders of a remote working visa will not be entitled to take up employment in SA, nor can they apply for a change in visa status while in SA unless under exceptional circumstances.
To cut red tape and prevent obstacles to tourism, Schreiber has issued a directive to diplomatic missions and the processing of online applications, prohibiting officials from requesting any documents outside those regulated for visits up to 90 days. All that will be required will be:
- a statement of purpose and duration of visit;
- a valid return air ticket or proof of reservation; and
- proof of financial means in the form of certified bank statements for three months.
The directive notes in the past some officials asked for the death certificates of applicant’s parents, marriage and divorce certificates, proof of bank balance, consent from employer or educational institution and minimum bank balance.
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