South Africa - Overview of Points System for General Work Visa and Critical Skills Work Visa with the relevant criteria

Overview
The Department of Home Affairs has published the allocation of points and criteria for the General Work Visa and Critical Skills Work Visa under the new points-based system to adjudicate work visa applications.
•    The new points-based system has reduced documentary requirements as compared to the previous immigration process for these visas, and is expected to reduce processing times for the General Work Visa and Critical Skills Work Visa.
•    Applicants applying for a Critical Skills Work Visa must score at least 100 points by having an occupation listed on the critical skills list. Those applying for a General Work Visa must score at least 100 points under a points-based system that includes factors such as educational qualifications, salary level, years of experience, language skills and the status of their employer.
•    Update October 23, 2024: The Department of Home Affairs has made an amendment to the allocation of points under Employer Status for the General Work Visa criteria.

The situation
The Department of Home Affairs has published the allocation of points and criteria for the General Work Visa and Critical Skills Work Visa, effective October 8, 2024.

A closer look
•    Eligibility for either visa. Under the published criteria, applicants must score a total of 100 points to qualify for either visa (though the criteria and points differ as indicated below) and must submit a valid police clearance and medical report, among other documentary requirements.

•    Critical Skills Work Visa eligibility. Applicants for a Critical Skills Work Visa must score at least 100 points by having an occupation listed on the critical skills list. Those who do not qualify can apply for a General Work Visa.

•    General Work Visa eligibility. Applicants for a General Work Visa must score at least 100 points under the following criteria:
Criteria    Explanation    Allocated Points
Qualifications
     National Qualifications Framework (NQF) level 9 (master’s degree) and 10 (doctoral degree)    50
    NQF levels 7 (bachelor’s degree or advanced diploma) and 8 (bachelor’s degree, postgraduate diploma or bachelor honors degree)    30
Salary based on employment
     Above ZAR 976,194 gross salary per year    50
    Between ZAR 650,796 and ZAR 976,196 per year    20
Work experience
     5-10 years    20
    More than 10 years    30
Employer status    Offer from Trusted Employer Scheme Company    30 (previously 20), per change on October 23, 2024
Language skills    Proficient in at least one official South African language    10

Impact

Companies intending to hire foreign nationals under a General Work Visa or Critical Skills Work Visa will benefit from streamlined and more transparent work visa processing and reduced administrative requirements (i.e., a letter from the Department of Labour is no longer required for either category). The system is also expected to reduce processing times for both visa types.
The new points criteria under the Critical Skills Work Visa is expected to boost the South African economy by attracting critical talent required in technology, healthcare and engineering, among other sectors important to the development of the economy. Moreover, this streamlined process will make it simpler for companies to hire workers to fill these in-demand highly skilled positions.
Background

•    Previous work visa regime. The previous process involved extensive and strict documentation requirements for each visa, including difficult-to-obtain documents like a letter from the Department of Labour and proof of membership to an accredited professional body. Additionally, the processing times were long (up to an estimated six to nine months). An average of 52% of all Critical Skills Visa and General Work Visa applications were rejected between 2014 and 2021 under the previous work visa regime due to missing or outdated documents, which ultimately led to an extensive visa adjudication process. This resulted in companies’ inability to recruit qualified professionals on a timely basis.

•    History of adoption of points-based system. The Department of Home Affairs published the regulations on the new points-based system in May 2024 after the draft amendments were withdrawn because the public comment process was not completed before the regulations were implemented, and details around the regulations were not clear when they were published.

•    Points-based systems in immigration landscape. Points-based immigration systems have long been a key strategy for managing economic migration worldwide by offering a transparent and merit-based approach to selecting foreign workers. Australia, Canada, New Zealand and Singapore are among the countries that utilize such systems.


A Comprehensive Guide to Finding Accommodation in South Africa for Immigrants

South Africa is a popular destination for expats, offering a unique blend of urban and natural environments. When it comes to finding accommodation, there are several options to consider, from renting apartments to buying freestanding houses.

Renting vs. Buying
Most foreigners moving to South Africa on temporary visas opt for long-term rentals. To rent, you'll need a valid visa that permits renting, and landlords will require proof of income and a security deposit. Buying property is also an option, but you'll need a long-term visa and access to South African bank accounts.

Best Areas to Consider for Expats
South Africa has several cities that are popular among expats, each with its unique character and advantages.

Johannesburg
Johannesburg, or "Joburg," is a great option for young professionals, with affordable housing and a range of job opportunities in finance, telecoms, and technology. Rivonia is a popular area for expats, with modern amenities and good security.
Cape Town
Cape Town is known for its stunning natural beauty, cultural diversity, and vibrant expat community. The city boasts a range of neighborhoods, from upscale areas like Sea Point and Camps Bay to more affordable options in the suburbs.
Durban
Durban is a coastal city with a warm climate and affordable housing. The city has a diverse expat community and offers a range of outdoor activities, including surfing and hiking.

Types of Property in South Africa
South Africa offers a range of property types, from apartments and townhouses to freestanding houses and security complexes.

Apartments
Apartments, or "flats," are a popular option for expats, especially in urban areas like Johannesburg and Cape Town. Prices vary depending on location, size, and amenities.

Freestanding Houses
Freestanding houses are more expensive than apartments but offer more space and privacy. They're often found in suburban areas and are popular among families.

Townhouses
Townhouses, or semi-detached houses, are a more affordable option than freestanding houses. They're often found in built-up areas and offer a compact, multi-story living space.

Security Complexes
Security complexes, or gated communities, offer a secure and private living environment. They're often found in urban areas and offer shared facilities like pools, braai areas, and clubhouses.

Property Search Options
When searching for property in South Africa, there are several options to consider:

Property Search Sites
Websites like Private Property and Property24 offer comprehensive listings for rental and sales properties. For short-term rentals, consider sites like Airbnb and Gumtree.

Property Agents
Property agents are a popular option for expats, offering a trustworthy and knowledgeable service. Consider agencies like Engel & Voelkers, Pam Golding, and Rawson.

How to Rent Property in South Africa
Renting property in South Africa involves several steps:
1.    Ensure you have a valid visa that permits renting.
2.    Research areas and properties thoroughly.
3.    Sign a rental agreement outlining terms and conditions.
4.    Pay a security deposit and first month's rent.
5.    Clarify utility and maintenance responsibilities.

Pros and Cons of Living in South Africa
South Africa offers a unique and rewarding lifestyle, but there are also challenges to consider:
Pros
•    LGBTQ+ friendly
•    Friendly and welcoming communities
•    Diverse culture and natural beauty
Cons
•    High crime rate
•    Load shedding (rotational blackouts)

Conclusion
Finding accommodation in South Africa requires research and planning. Consider factors like location, safety, and amenities, and don't hesitate to seek advice from property agents or expat communities. With the right approach, you can find a comfortable and secure home in South Africa.


No more queues: Home Affairs to email ZEP waiver outcomes in move towards digitisation

Home Affairs Minister Leon Schreiber has extended the validity of Zimbabwean Exemption Permits.Schreiber announced this in the government gazette on Friday.

He said he would give the Immigration Advisory Board time to do its work to ensure compliance with a court order that found the termination of the permits was unlawful.

Home Affairs Minister Leon Schreiber has extended the validity of the Zimbabwean Exemption Permits (ZEP) to next year.In the government gazette on Friday, Schreiber announced that he had extended the controversial ZEP to 28 November 2025.

The previous deadline for Zimbabwean nationals to apply for a new one-year permit was Friday.In the gazette, Schreiber said: `[I have done this] in order for me to fulfil the duty placed on me by the Gauteng High Court to consult the affected ZEP holders and all other stakeholders on the future of the current dispensation.

`Before the extension, Zimbabwean nationals who had not applied for a waiver to progress from a ZEP to a general work visa in South Africa had Friday to apply for a new one-year exemption permit, which would have been valid until 29 November 2025.

In the gazette, Schreiber said the Immigration Advisory Board (IAB) would be tasked with considering, advising on, and enabling the steps required for compliance with the order of the Gauteng High Court in Pretoria.
Last year, in June, the court found that the termination of the ZEP was unlawful.Schreiber added that he would give the IAB time to do its work and ensure a fair process.

The minister said: `I direct that existing ZEPs shall be deemed to remain valid for the next 12 months.`No holder of a ZEP may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of Section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate.

`He further directed: `The holder of an exemption certificate may be allowed to enter into or depart from the Republic of South Africa in terms of Section 9 of the Immigration Act, read together with Immigration Regulations, 2014, provided that he or she complies with all other requirements for entry into and departure from the republic, save for the reason of not having a valid visa endorsed in his or her passport; and`No ZEP holder should be required to produce a valid exemption certificate, visa or an authorisation letter to remain in the republic as contemplated in Section 32(1) of the Immigration Act when making an application for any category of the visa for temporary sojourn in the republic as contemplated in Section 10 (2) of the Immigration Act.`Before the extension, about 178 000 ZEP holders faced being declared undesirable and deportation if they continued to stay in the country. They also faced the prospect of not being allowed to enter the country for one to five years.

Good news for Zimbabwean exemption permit holders in South Africa

The Department of Home Affairs has gazetted an official extension of existing Zimbabwean Exemption Permits (ZEPs) to November 2025.

In the gazette, DHA minister Leon Schreiber said the extension had been granted to give him the time needed to address the Gauteng High Court’s requirements.

As such, existing ZEPs will remain valid for the next twelve months.

“No holder of a ZEP may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate,” the department said.

Further to this, a holder of an exemption certificate may be allowed to enter into or depart from the Republic of South Africa provided that they comply with all other requirements for entry into and departure.

The gazette comes at the last minute, as countless holders of ZEPs faced uncertainty this week about whether they could stay in the country.

Marisa Jacobs, Managing Director at Xpatweb, said that there are an estimated 178,000 ZEP-holders in South Africa who had found themselves “between the devil and the deep blue sea” after former minister of Home Affairs, Dr Aaron Motsoaledi, decided in 2022 to terminate the ZEP.

Several court cases followed, and in June 2023, the High Court in Pretoria confirmed that the termination of the ZEP was indeed unlawful, and a subsequent appeal of the decision was refused by the Supreme Court of Appeal and the Constitutional Court.

Without the latest extension, legal experts warned that ZEP-holders may have been at risk of being declared undesirable if they stayed in South Africa after the 29 November 2024 deadline passed.

ZEP-holders are entitled to work, seek employment and conduct business in South Africa during the validity of the exemption permit. A holder of the exemption permit is allowed freedom of movement in and out of South Africa.

On 29 August this year, new DHA minister Schreiber instituted a new rule to deliver the outcomes of visa waiver applications digitally via email to applicants. In the first phase of the rollout, the outcome of waiver applications for ZEPs will be sent digitally.

“Over time, this digital-first approach will be extended to other applicants in the visa and permit regime. Starting today with ZEP holders and later, all applicants will conveniently receive digital waiver letters, in PDF format, through email,” the DHA said.

By the end of August, the DHA had processed more than 60,000 outstanding ZEP waiver applications, many of which dated back to 2022.

Jacobs noted that ZEP-holders who applied for a waiver to progress to a General Work visa and are awaiting the application’s processing can proceed with their submission for a General Work visa as soon as the waiver has been processed. The new Points-based system does not apply in these instances.


Home affairs minister extends validity of Zimbabwean Exemption Permits to next year


Home Affairs Minister Leon Schreiber has extended the validity of Zimbabwean Exemption Permits.
Schreiber announced this in the government gazette on Friday.
He said he would give the Immigration Advisory Board time to do its work to ensure compliance with a court order that found the termination of the permits was unlawful.
Home Affairs Minister Leon Schreiber has extended the validity of the Zimbabwean Exemption Permits (ZEP) to next year.
In the government gazette on Friday, Schreiber announced that he had extended the controversial ZEP to 28 November 2025.

The previous deadline for Zimbabwean nationals to apply for a new one-year permit was Friday.


In the gazette, Schreiber said: "[I have done this] in order for me to fulfil the duty placed on me by the Gauteng High Court to consult the affected ZEP holders and all other stakeholders on the future of the current dispensation."

Before the extension, Zimbabwean nationals who had not applied for a waiver to progress from a ZEP to a general work visa in South Africa had Friday to apply for a new one-year exemption permit, which would have been valid until 29 November 2025.

In the gazette, Schreiber said the Immigration Advisory Board (IAB) would be tasked with considering, advising on, and enabling the steps required for compliance with the order of the Gauteng High Court in Pretoria.

Last year, in June, the court found that the termination of the ZEP was unlawful.

Schreiber added that he would give the IAB time to do its work and ensure a fair process.

The minister said: "I direct that existing ZEPs shall be deemed to remain valid for the next 12 months.

"No holder of a ZEP may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of Section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate."

He further directed: "The holder of an exemption certificate may be allowed to enter into or depart from the Republic of South Africa in terms of Section 9 of the Immigration Act, read together with Immigration Regulations, 2014, provided that he or she complies with all other requirements for entry into and departure from the republic, save for the reason of not having a valid visa endorsed in his or her passport; and

"No ZEP holder should be required to produce a valid exemption certificate, visa or an authorisation letter to remain in the republic as contemplated in Section 32(1) of the Immigration Act when making an application for any category of the visa for temporary sojourn in the republic as contemplated in Section 10 (2) of the Immigration Act."

Before the extension, about 178 000 ZEP holders faced being declared undesirable and deportation if they continued to stay in the country. They also faced the prospect of not being allowed to enter the country for one to five years.