The Critical Skills Visa South Africa is for skilled workers whose occupation is on the Critical Skills Visa List for South Africa. This list reflects the occupations that are in demand in South Africa.

The newly published "Skills or qualifications determined to be critical for the Republic of South Africa in relation to an application for a Critical Skills Visa or Permanent Residence Visa"

This category of work visa may be issued to an applicant who falls within a specific professional category or specific occupational class determined by the Minister by notice in the Government Gazette. This is done after consultation with the Minister of Labour and the Minister of Trade and Industry.

If an applicant falls within one of the professional categories listed on the critical skills list and also has the appropriate post qualification working experience in that profession then such applicant may qualify to apply for this category of work Visa.

The applicant also needs to where applicable register with the relevant South African professional accreditation body regulating that industry as stipulated by Minister of Home Affairs. Such body must also confirm the applicant’s skills, qualifications and working experience.

Furthermore, such applicant’s qualifications need to be evaluated relevant to a South African level. An applicant for a Critical Skills Visa may enter South Africa on such visa without having secured a job offer first. It is, however, required of the applicant to confirm employment with the Department of Home Affairs within a period of one (1) year upon arrival in South Africa, failing which, the Visa would automatically lapse.

The Critical Skills Work Visa is tied to an individual and not to an employer so under this Visa a person can leave from one employer to the next without obtaining a new work Visa.
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General Work Visa

Under the General Work Visa there are very strict requirements. The South African government, although trying to promote work and trade in South Africa, recognize the need to give South Africans the chance to obtain employment ahead of any foreigner.

You will have to prove that you are the only person who can fill that position and that no other South African can play that role. This is done by placing an advert in a national newspaper advertising the position.

A Department of Labour report would need to be obtained.

You will also need to have a job offer/contract from your future employer.

The most important part of the process is skills assessment by SAQA (South African Qualifications Authority) in SA which evaluates your formal qualifications and compares them to a SA qualification. This process is mandatory and for this we would need your academic transcripts and award diplomas. Note under the regulations provision is made for the recognition of work experience in the absence of formal qualifications and this therefore makes provision recognition of prior work experience (RPL).

This is a paper based system which merely compares the foreign qualifications and arrives at an equivalent qualification in SA, and if qualified in SA then no SAQA needed.

Next your employer has to prove that you are the only person that can fill the position and no other South African can fill that role. This is done by placing an advert in a national newspaper advertising the position.

Please note the work Visa is issued in the name of the employer so the person is tied to the employer. If they change the job they will require a new work Visa.

There is some good news for people who are qualified through work experience only and they can qualify if they don’t require formal qualifications, ie SAQA.

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If you have applied to have your undesirability status uplifted in South Africa and have not received an outcome after a reasonable amount of time, here are steps you can take to follow up and resolve the situation:

1. Understand the Process
• The application to uplift an undesirability status is typically submitted to the Department of Home Affairs (DHA) and can take several weeks to months for processing.
• Processing times can vary depending on the complexity of the case and the workload of the DHA.

2. Check Application Status
• If you submitted your application through VFS Global, you may be able to check the status of your application on their website using your application reference number.
• If you submitted the application directly to the DHA, you can inquire in person at the relevant DHA office or contact their call center.

3. Contact the Department of Home Affairs
• Reach out to the DHA via their contact center or customer service lines to inquire about the status of your application. Have your reference number handy for easier tracking.
• Consider writing a formal letter or email to the DHA, including your details and application reference number, requesting an update on your status.

4. Visit the DHA Office
• If you are in South Africa, consider visiting the DHA office where you submitted your application to inquire in person. Bring along any relevant documents, including proof of submission, for reference.

5. Seek Assistance from an Immigration Consultant or Lawyer
• If you have not received any response after multiple inquiries, it may be beneficial to consult an immigration lawyer or consultant who specializes in immigration matters in South Africa. They can help:
o Assess your situation and guide you on the next steps.
o Contact the DHA on your behalf to expedite the process.
o Review your application to ensure everything is in order.

6. Consider Filing a Formal Complaint
• If you feel that your application is being unduly delayed, you may consider filing a formal complaint with the Department of Home Affairs regarding the lack of response.
• Provide all relevant details and documentation to support your case.

7. Be Patient but Proactive
• The review and decision-making process can sometimes take longer than expected due to administrative delays. While it’s essential to be proactive in following up, it’s also crucial to remain patient as the DHA processes your request.

8. Keep Records
• Maintain thorough records of all communications with the DHA, including dates, names of individuals spoken to, and any written correspondence. This documentation may be useful if further action is required.

9. Consider Alternative Options
• If your application to uplift undesirability is not resolved in a timely manner, discuss with your immigration consultant or lawyer about any alternative options available to you, including reapplication or appealing any decision if necessary.

Conclusion
If you have applied to uplift your undesirability status and have not received a response, start by checking the status of your application through VFS Global or the DHA directly. Reach out to the DHA for updates, and consider consulting with an immigration expert if the delay persists. Document all your communications and stay proactive in resolving the issue.

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The short answer
To be on the safe side, perhaps it would be wise to apply for temporary visas for the family, as well as permanent residence for the whole family, you included.

The whole question
I hold a temporary visa. Can I apply for permanent residence from my home country so that I can apply together with my family? Does my family need to have temporary visas first or can they just apply for permanent residency at the same time as me?

The long answer
In answer to this question: Can my accompanying family apply for permanent residence with me at the same time? samigration . says the following:
“Yes, as long as the applications of the whole family are submitted at the same time then the immediate accompanying family of foreigners applying for permanent residence may apply together. Should the applications not be submitted at the same time, the accompanying family will need to wait for the successful outcome of the main applicant’s permanent residence application to be in a position to apply for permanent residence as his or her immediate family. The foreign spouse of a permanent resident applicant is only eligible to apply for permanent residence having been espoused for at least 5 years.”

As a temporary residence permit has to be renewed online at VFS Global, 60 days before it expires, Sa Migration adds, “In the first instance, it is possible in most cases, for the individual to apply for permanent residency at the same time they apply for temporary residency. The Department of Home Affairs currently has a backlog of permanent residency applications and therefore the processing of these can take anywhere between 12 and 30 months. However, in many cases the permanent residency will be issued before the temporary residency expires, therefore negating the issue of an expired temporary visa.”
As you know, a temporary visa holder can apply for permanent residence after five years of staying in South Africa on the basis of a work permit. It is possible to apply for permanent residency) from outside South Africa as well as within South Africa.

But as Home Affairs says that the permanent residency permit “is also applicable to spouses and dependents of South African citizens/permanent residence permit holders” (my emphasis), it is not clear to me whether the accompanying family must first apply for temporary visas or not. To be on the safe side, perhaps it would be wise to take Intergate Immigration’s tip and apply for temporary visas for the family, as well as permanent residence for the whole family including the main holder of the temporary visa at the same time.

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Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.
📞 WhatsApp: +27 82 373 8415
📧 Email: info@samigration.com
🌐 Website: www.samigration.com
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Are you looking to expand your business, invest in a new market, or simply experience the vibrant culture of South Africa? Look no further! Our team is excited to introduce you to the various visa options available in South Africa, tailored to meet your unique needs and goals.

1. Business Visa
• Ideal for entrepreneurs, investors, and business owners
• Allows for establishment or investment in a South African business
• Valid for up to 3 years, with option for renewal

2. Work Visa
• Designed for skilled professionals and workers
• Enables employment in South Africa for up to 5 years
• Offers a pathway to permanent residency

3. Retirement Visa
• Perfect for retirees seeking a warm and welcoming destination
• Requires a minimum income of R37,000 per month
• No work restrictions, allowing for a relaxing lifestyle

4. Study Visa
• For international students seeking quality education
• Valid for duration of study program, up to 3 years
• Opportunities for internships and practical experience

5. Visitor's Visa
• Suitable for tourists, explorers, and short-term visitors
• Allows for stays up to 90 days, with option for extension
• Ideal for conferences, events, and leisure travel

6. Critical Skills Visa
• Aims to attract highly skilled professionals in key industries
• Offers a 5-year visa, with pathway to permanent residency
• No labour market test required

7. Intra-Company Transfer Visa
• Designed for employees transferred within a multinational company
• Valid for up to 4 years, with option for extension
• Streamlined application process

Why Choose South Africa?
• Strategic location for trade and investment in Africa
• Vibrant culture, stunning natural beauty, and world-class infrastructure
• Growing economy, with opportunities for innovation and growth

Let Us Guide You
Our experienced team is dedicated to helping you navigate the visa application process, ensuring a smooth and successful transition to South Africa. Contact us today to discuss your options and take the first step towards unlocking the opportunities of Africa's gateway nation.

Get in Touch
🚗 Call to Action:
Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.
📞 WhatsApp: +27 82 373 8415
📧 Email: info@samigration.com
🌐 Website: www.samigration.com
Your compliance is our priority—let’s build your future together