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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• Against whom a warrant is outstanding or a conviction has been secured in South Africa or in any foreign country in respect of genocide, terrorism, human smuggling, trafficking in persons, murder, torture, drug-related charges, money laundering or kidnapping;
• Previously deported and not rehabilitated by the Department of Home Affairs;
• Who is or has been a member of an organization advocating the practice of racial hatred, social violence, or which utilizes crime or terrorism to pursue its ends;
• Found in possession of a fraudulent visa, passport, permanent residence permit or identification document.

Prohibited persons do not have to be “declared” as such. Often a foreigner finds that he or she simply cannot re-enter South Africa at a land border, or at a foreign port of embarkation. The reason for such restriction of entry could be that the foreigner’s identity details have been placed on the so-called “V-List” (“Visa Restricted” List) of the Department of Home Affairs.

What may also occur is that the foreigner has applied, within South Africa, for a temporary residence visa or a permanent residence permit and such application may be rejected because the DHA is of the view that a specific document or visa submitted by the applicant in his or her application, or in any past application, is “fraudulent” or has failed to be verified by the DHA.

The DHA may reject a visa or permit application on the basis of the applicant’s foreign or South African police record. Frequently while the applicant has never been convicted of the offences identified for prohibition purposes, the DHA may proceed to V-List such individual merely on the basis of its view that an ordinary “drunken-driving” conviction may render the applicant a person “not of good and sound character”. V-listing does occur on the basis of bureaucratic error.

The only remedy for a prohibited person is to apply to the Director-General of the DHA to declare him or her to be a “non-prohibited” person. Even though the Immigration Act merely requires a demonstration of “good cause” to have the DG lift the prohibition and remove his or her details from the V-List, DHA policy demands far more than “good cause” to lift the prohibition. Some of these applications are complex and technical and professional expertise is often well advised.

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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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South African Permanent Residence

South Africa encourages permanent residency if you are serious about staying in South Africa on a long terms permanent basis there are many categories you can apply under.

• Hold a General Work Visa for five years and have a permanent job offer.

• Hold a Relative’s Visa sponsored by an immediate family member.

• Hold a Critical Skills Visa and have 5 years relevant work experience.

• Be in a proven life relationship relationship for five years

• Be married to an SA relationship for at least five years.

• Have held Refugee Asylum Status for five years.

• Hold a Business Visa.

• Receive a monthly income of R37,000 through Pension or Retirement Annuity

• Have a net asset worth of R12m and payment to Home Affairs of R120,000

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The short answer
He could apply for a number of visas: work, critical skills, life partner or (eventually) a relative visa

The whole question
I have been in a relationship with my Serbian boyfriend for almost two years now. We recently found out that I am pregnant. Although we are not quite ready for marriage yet, we would love to raise our child together. What options do we have in terms of him coming to stay in South Africa for longer than three months at a time on a tourist visa?

The long answer
There are a number of visas that he could apply for, including a work visa, a critical skills visa, a life partner visa or a relative visa. Given the pandemic, however, and the suspension of many services by Home Affairs during the lockdown, all applications are bound to take even longer than usual.
For all the visas he would need passport, completed visa application form and various police and medical clearances.
• For a work visa, he would need to have a written offer of employment from a South African employer who would need to prove that a suitable South African could not be found to fill the advertised position. A work visa is valid for the period of the contract but not exceeding five years.
• For a critical skills visa, he would have to list one of the skills on the new critical skills list and the required certification proving his qualifications, as well as proof that he has the financial means to support himself while he looks for employment. The critical skills visa is also valid for up to five years.

• A life partner visa is a temporary residence permit that a foreigner who is not married but is in a permanent relationship with a South African citizen can apply for. The application must be made from the applicant’s country unless he is here on a temporary visa like the general work permit. You would have to prove that the two of you had been in a long-term relationship for two years and that you are a couple that is emotionally and financially dependent on each other. You would need to show shared financial arrangements and provide letters of support for the application from family and friends. You would have to have separate interviews with Home Affairs officials to establish the authenticity of your relationship. This is a temporary residence permit that is typically given for two to three years but can be extended if you can prove that the relationship is still viable. One of the advantages of this kind of permit is that he can apply for an endorsement for work if he gets a suitable offer of employment when he has been granted the life partner visa, without going through the onerous business of getting a South African employer to prove that he could find no suitable South African to fill an advertised post. He can also apply for an endorsement to study.

• He can apply for a relative visa if he is the biological parent of a South African child. As the South African citizen, you would need to prove that you have the financial resources to support him. This visa is issued for up to two years at a time and he would not be allowed to study, open a business or work during the two years.

All the lists of required documentation for the various visas can be found on the Department of Home Affairs website, and you can also access the exhaustive list of critical skills issued online.