In the last year, the critical skills list has seen some significant changes, with a new list published in February 2022, and the inclusion of relief for foreign professionals in the healthcare sector in August 2022.
The revised August 2022 critical skills list was in effect for only 14 months, before the department of home affairs (DHA) published another revised critical skills list in the government gazette in October 2023.
In the newly published version, the DHA has identified two additional occupations, veterinarian and veterinary nurse, which are considered to be in high demand and essential to South Africa’s economy.
At the moment, foreign nationals experience delays in applying and obtaining their South African temporary residence visas, due to the backlog at the DHA. Foreign nationals are still required to apply for the relevant South African temporary residence visas which they qualify for. The DHA is making progress in the attempt to streamline certain processes by launching the trusted employer scheme. Only time will tell whether the new processes will be effective and whether it will require adjustment.
Further emphasis has been placed on the following:
Critical skills work visa
The critical skills work visa is no longer issued for 12 months, which enabled a foreign national to seek employment in the relevant qualified occupation. Foreign nationals applying for a critical skills work visa and permanent residence in this field, are now required to include an offer of employment from a South African employer in the application. The South African employer is also required to be verifiable and should be in good standing with the department of employment and labour (DoEL). The bolstered role the DoEL plays in work visa applications appears to mirror the intention of the anticipated National Labour Migration Policy, which seeks to strengthen the DoEL’s role in labour migration governance more generally.
The corporate GM and director will be required to confirm any additional requirements that may be needed. University lecturers will be required to specify their classification of education in the critical skills technical report.
The bolstered role the DoEL plays in work visa applications appears to mirror the intention of the anticipated National Labour Migration Policy, which seeks to strengthen the DoEL’s role in labour migration governance more generally.
Candidate engineers
Perhaps the most thrilling news from this revised list is that the DHA has advised that all foreign nationals who are engineering applicants registered with a South African qualifications authority’s (Saqa) recognised professional body, board or council as a “candidate” and others similarly graded, will now be more eligible for a critical skills work visa than before. This is provided that they still meet all other requirements set out in the Immigration Act, and that they will take up employment under the supervision of a qualified “professional” where applicable.
Previously, foreign nationals who applied for critical skills work visas as a “candidate” were refused due to the lack of a confirmation of skills letter from the relevant Saqa-recognised professional council (that is, Engineering Council of South Africa. ECSA).
Relief for Ghana nationals as they may become part of the visa-exempt list but with certain restrictions
South Africa and Ghana have agreed on a 90 days (per annum) reciprocal visa-free entry deal for ordinary passport holders, which was effective from November 1 2023.
This means that citizens from Ghana do not need a visa to visit South Africa. To be certain whether your country falls within the visa exemption list, refer to this link.
Should a national of either country exhaust the 90-day visa exemption within a 12-month period (from date of entry), ordinary passport holders for either country will then be required to apply for a visa at the relevant embassy before entering that country again.
Upon entry into either country, the national will be required to provide (i) proof of accommodation, (ii) ability to sustain him or herself while in either country, and (iii) a return flight itinerary.
Zimbabwean exemption permits (ZEP)
The validity of the Zimbabwean exemption permits (ZEP), originally in place until December 31 2023, has been extended until June 30 2024. The rights of ZEP holders, accordingly, remain protected until this time.
All ZEP holders are encouraged to apply for the appropriate South African temporary residence visas while there is still time.
Immigration specialists can assist foreign professionals and their employers in assessing whether they are eligible for long-term South African temporary residence visas and South African permanent residence.
* Nivaani Moodley is associate director and Bianca Rutherfoord-Jones is immigration specialist from Webber Wentzel
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