Artisans Critical Skills Visa
& Trade Tests Mystery Solved
On 19 March 2021 in a GOVERNMENT
NOTICE there was published in the appropriate government gazette by the
DEPARTMENT OF HIGHER EDUCATION AND TRAINING and it was called NATIONAL REGISTER
OF ARTISANS REGULATIONS. 2020 SKILLS in terms of the DEVELOPMENT ACT, 1998 (ACT
97 OF 1998) they published the National Register of Artisans Regulations 2020,
In this regulations the following
was covered
These regulations:
1 Implement Section 26 C of the
Skills Development Act No 97 of 1998,as amended in 2008.
2. Establish and maintain the
Register of Artisans in South Africa.
3. Define the requirements and
the process of registering on the Department of Higher
Education and Training (DHET) Register of
Artisans.
4. Enable the DHET to distinguish
for statistical purposes between artisans practicing the
trade in which they are qualified
and those who are no longer practicing the trade.
5. Enable the DHET to distinguish
and monitor for statistical purposes between foreign
national and South African qualified
artisans in the country.
6. Enable the DHET to determine
the need for and grow the capacity of mentors for
mentoring of artisan apprentices.
7. Assist DHET to determine the
targets for focused artisan training in order to address the
scarcity of artisans to industry.
8. Does not seek to establish a
professional body for qualified artisans in South Africa rather
work with all professional bodies in maintaining
a register of all qualified artisans
Over the past couple of months we
have been looking into the issues around Artisans and Trades category of the
Critical Skills Work Visa. A number of applicants applying under this category
had been receiving a number of rejections when applying for their critical
skills work visa due to the fact that they were not registered with the
Engineering Professionals Council of South Africa (ECSA). When approached for
membership ECSA would indicate that they do not register artisans or tradesman
because their minimum qualifying NQF is 5 and all artisans where ranked by SAQA
as holding NQF 4 qualifications. After some research and liaising with
officials we have now found the solution to this conundrum.
All applicants for the CSV visa
must register with a professional body in addition the Department of Home
Affairs required every artisan to be trade tested. This proved to be a
challenge since all of them had been trade tested in their respective home
countries and had their qualifications confirmed and benchmarked by SAQA.
Those that approached the
Department of Higher Education`s Indlela National Artisans Moderation Body were
issued with letters that stated that the provisions of the Act that empowered
the NAMB and DHET to keep a register of Artisans had not been implemented. That
letter was to be used in submitting the application for the visa. But even with
this letter the applications were still being rejected.
"Artisan" means a
person that has been certified as competent to performa listed trade in accordance with the SDA.
"Artisan Learner" means
a learner undergoing a formal learning program which includes structured work
experience components in a listed trade, and include a trade test in respect to that
trade.
"DG" means the Director
-General of the Department of Higher Education and Training.
"Listed Trade" means a
trade listed in terms of Section 26 B of the SDA and published in Government Gazette
No 35625 dated 31 August 2012.
"QCTO" means The
Quality Council for Trade and Occupations.
"SAQA" means the South
African Qualifications Authority.
"Qualified Artisan" in
teems of these regulations means a person who has undergone a Trade Test and
passed, and is certificated as an artisan in terms of the SDA or any other
South African Act in a specific listed trade.
"Practicing Artisan" in
terms of these regu'ations means a person who has passed a trade test in a
:fisted trade and is using tools, equipment and machinery to manufacture, produce,
service, install or maintain tangible goods, products or equipment in an
engineering and/or technical work environment in the listed trade in which he
/she is certificated by QCTO or any other legislation ina specific listed trade.
"Non- Practicing Artisan"
in terms of these regulations means a person who has passed a trade test in a listed
trade and is not using tools, equipment and machinery to manufacture,
produce, service, install or maintain tangible goods, products or equipment in an
engineering and /or technical work environment in the listed trade in which he/she is
certificated by QCTO or any other South African Act in a specific listed trade.
"Foreign National Practicing
Artisan" in terms of these regulations means any foreign national artisan who is certified
as an artisan by QCTO or holds a qualification issued in the
country of origin and the qualification has been evaluated and verified by SAQA, who is using
tools, equipment and machinery to manufacture, produce, service,
install or maintain tangible goods, products or equipment in an engineering
and/or technical work environment in the listed trade in which his /her qualification
has been evaluated and verified by SAQA
"Foreign National Non
-Practicing Artisan" in terms of these regulations means any foreign national artisan who
is certified as an artisan by QCTO or holds a qualification issued in the
country of origin, and the qualification has been evaluated and verified by SAQA,
who processes trade certificate in a particular trade, not engaged in the
practice of that profession.
From the above it is clear that
the foreign qualified trades person need no longer write a new trade test in
south Africa and this will be a massive help in getting the appropriate
critical skills visa in a quicker manner without having to jump through more
legislative hoops when they were qualified in their home countries.
Please contact us at SA Migration
and let us help you get your accelerated critical skills visa and permanent
residence .
Whatsapp Tel No : +27 (0) 82 373
8415
Tel No office : +27 (0) 82 373
8415 ( Whatsapp )
Tel No admin : +27 (0) 64 126
3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155
