Critical Skills Work Visa

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.

South Africa Working Visas

South Africa seeks highly skilled individuals to live and work in SA.

SA Migration Services will provide professional assistance to arrange your work visa for you if you qualify.

Work Visas are regulated in terms of Section 19, Regulation 18 and items 18 (1), 19(2), 20, 21 and 22, of Schedule A.

There are three common types of Work Visas:

• General Work Visa
• Inter Company Transfer Visa
• Critical Skills Visa

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 partner relationship for five years
• Be married to an SA Spouse 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
• www.samigration.com
  

• The Citizen (Gauteng) - 21 October 2021

LEGAL ACTION: DELAYS OF MORE THAN 6 YEARS TO GET RESIDENCE PERMITS

➜ Immigration agents, clients expect the department to settle out of court.

No fewer than 180 would-be immigrants and their immigration services providers have hauled the department of home affairs to court for delays of six years and more in attempting to secure permanent residence permits.

The court documents say the applicants have several million US dollars to invest and possess critical skills that are sorely needed in the SA economy.

Some have been waiting more than six years for permanent residence as home affairs “has all but collapsed”, according to court papers. The delays in processing permanent residence applications is costing the economy R10-R15 billion a year.

Deposing for the applicants, Leon Isaacson, director of Global Migration Services, said he had been an immigration practitioner since 2007, at which time permanent residence applications were handled within six months.

This was because regional home affairs offices handled them. Then came a change. In 2010, then home affairs minister Nkosazana Dlamini-Zuma centralised permanent residence applications in the Pretoria national office, prolonging the process from six months to three years.

In 2015, VFS Global was brought on board and the application process was prolonged from three to six years. “The inordinate delay in processing permanent residence applications has led to a decision, being made by the department, not to accept any further permanent

R10-15bn annual cost to economy of failure to process residence permits. residence applications,” deposed Isaacson.

“This decision effectively deletes Section 25 of the Immigration Act, which provides for permanent residents permits. It has blocked millions of US dollars, together with essential skills, from being invested into the SA economy.”

The department has all but collapsed, added Isaacson. “Not only is it not receiving any more permanent residents applications, and not capable of processing the existing permanent residence applications it has received, it has decided to make its job even more impossible by reviewing every permanent residence permit it issued from 2004,” said Isaacson. “An impossible undertaking.”

As a result of these delays, the department has failed to deliver on its legislative mandate and the applicants are asking the court to intervene on their behalf. Isaacson added that the Covid-19 pandemic has also aggravated delays in the issuing of temporary residence visas inside South Africa for up to six months.

The permanent residence permit backlog has been building for a while, and Global Migration Services, one of several immigration services providers bringing the case on behalf of the would-be

immigrants, said it felt compelled to take the matter to court on behalf of 180 applicants who have been waiting for up to six years for their applications.

“It is highly prejudicial for long-term residents to be without permanent residence, as banking facilities, education, employment and related issues are dependent on this status,” said Isaacson.

He added that home affairs was likely to settle rather than go to court, having indicated it did not want more litigation.

There also appears to be a growing cleave between the office of the presidency, which favours opening SA’s economy to skilled immigrants, and the department of labour, which appears less than enthusiastic about hiring foreigners. Isaacson suggested that home affairs was caught in the middle of this rift and paralysed into inaction.

www.samigration.com

Zimbabweans ask Gauteng High Court to declare them permanent residents 

Moneyweb -  21 Oct 2021  

Not an unexpected move as their exemption permits granted by Home Affairs expire in November. 

Zimbabweans say they have a legitimate expectation of being granted permanent residence once their exemption permits expire next month. 

The Zimbabwean Exemption Permit Holders Association, representing roughly 250 000 Zimbabweans in SA, has asked the Gauteng High Court to declare them permanent residents, as their Zimbabwe Exemption Permits expire in November 2021. 

They are also asking the court to direct the Minister of Home Affairs to issue them with SA ID documents on the grounds that they are permanent residents of SA in terms of the Immigration Act read together with the Identification Act. 

They are also asking the court to review and set aside the decision by Home Affairs not to renew residency permits “knowing that the holders of the permit have known no other home besides South Africa for more than 10 years”. 

This decision was unconscionable, irrational, unreasonable and unconstitutional, according to the court papers. 

Zimbabwean Exemption Permit holders have a constitutional right to an equal path to citizenship in SA, and that right is being withheld, the association says. 

Permit evolution 

In April 2009, cabinet approved what was known as the Dispensation of Zimbabweans Project (DZP), allowing permit holders to work, conduct business and study in SA. 

According to Home Affairs, 295 000 Zimbabweans applied for the permit and just over 245 000 were issued. 

This was an attempt to regularise the residence status of those Zimbabweans residing illegally in SA due to political and economic instability at home. 

Those permits started expiring in December 2014, prompting Home Affairs to introduce a new permit scheme called the Zimbabwean Special Dispensation Permits (ZSPs), which were valid for three years. 

Nearly 198 000 ZSPs were issued, according to the Department of Home Affairs. When the ZSPs expired in 2017 they were replaced by Zimbabwean Exemption Permits, or ZEPs. 

These permits, like their predecessor, allowed Zimbabweans to work, study and conduct business in SA, but were not renewable and did not entitle the holder to apply for permanent residence in SA. 

According to papers before the court, these permits were issued in terms of Section 31 of the Immigration Act which allows the Minister of Home Affairs to grant foreigners the rights of permanent residence for a “specified or unspecified period when special circumstances exist” that justify the decision. 

The applicants in the case say the ZEP is a permanent residence permit valid for a specific period of time as allowed by the Immigration Act, and that they are therefore entitled to ID documents. 

‘Legitimate expectation’ 

“It is further submitted that the holders of Zimbabwean Exemption Permits have a legitimate expectation for the renewal of their current permit, and for permanent residence, without any further conditions, and the right to apply for citizenship in the Republic of South Africa

According to Advocate Simba Chitando, who is representing the applicants in the case: “The problem faced by many hundreds of thousands of Zimbabweans in SA is that they have been here for 10 years or longer under a variety of different permits, and it is generally conceded that they make a huge contribution to the SA economy, yet these permits do not allow them to enjoy the benefits that come with permanent residence, such as full access to banking facilities, or the right to accumulate pension savings. 

“We argue that it is past time to grant permanent residence to those Zimbabweans who have been living and working in SA in a kind of no-man’s land. We believe it is reasonable to expect to be granted permanent residence when the ZEPs expire, which they do in November 2021.” 

www.smigration.com