DHA  - : 04 July 2024 

In his first official act as the new Minister of Home Affairs just one day after being sworn in, Dr Leon Schreiber has extended the temporary concession for foreign nationals who are currently awaiting the outcome of visa, waiver and appeal applications.

This extension safeguards applicants - including those who are contributing to South Africa through their scarce skills - from suffering adverse consequences or being erroneously declared undesirable while they await the outcome of applications submitted to the Department.

The processing of some of these applications has been delayed as the Department works on reducing backlogs. While the Department has made progress in this regard since its previous communication on the matter, there is still a backlog in various visa and permit categories and Minister Schreiber has now moved to protect applicants while the backlog is reduced.

The decision to avert adverse consequences for applicants who seek to obtain lawful visas in order to contribute to South Africa, either through their skills or as tourists, signals the Minister’s commitment to improving the visa system to make South Africa a more attractive destination for international investment, tourism and job creation. While it will take time to achieve this vision in full, the decision to extend the temporary concession serves as a signal of intent to reinvigorate the Department of Home Affairs and position it as a vital economic enabler.

In order to build confidence in this new approach, Minister Schreiber further commits to avoiding a repeat of the current situation that has seen the previous concession expire prior to the extension being announced. While the Department is committed to eradicating the backlog as soon as possible, the Minister undertakes that any further extension, modification or amendment to the terms of these concessions will be communicated in writing prior to the new expiry date of 31 December 2024.

The following temporary measures will apply with immediate effect.

 

Applicants whose waiver application outcomes are still pending:

Visa holders who have applied for a waiver and the waiver application is still pending as at 30 June 2024, are granted a further temporary extension until 31 December 2024 to enable the Department to process the applications, for applicants to collect their outcomes, and to submit applications for appropriate visas.

Those who wish to abandon their waiver applications and depart from South Africa, will be allowed to exit at a port of entry before or on 31 December 2024 without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014.

Visa holders who need to travel, but are awaiting the outcome of a waiver application, will be allowed to exit and re-enter at a port of entry up to and including 31 December 2024, without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014. However, non-visa exempt applicants who travel out of the country with a waiver application receipt are required to apply for a port of entry visa which would allow them re-entry into South Africa.

 

Applicants whose visa applications are still pending:

Visa holders who have applied for long-term visas (Visitor’s Visas in terms of section 11(1)(b) and 11(6) of the Immigration Act, 2002; Business Visas, Study Visas, Relative’s Visas and Work Visas) and whose application is still pending as at 30 June 2024, are granted a further temporary extension until 31 December 2024 of their current visa status. Applicants are not allowed to engage in any activity other than what the visa conditions provide for. 

Those who wish to abandon their visa applications will be allowed to exit at a port of entry before or on 31 December 2024 without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014.

Visa holders who need to travel, but are awaiting the outcome of a long-term visa application, will be allowed to exit and re-enter at a port of entry up to and including 31 December 2024, without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014. However, non-visa exempt applicants who travel out of the country with a long-term visa application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa.

 

Applicants whose visa appeal applications are still pending:

Visa holders who have appealed a negative decision on an application for long-term visa (Visitor’s Visas in terms of section 11(1)(b) and 11(6) of the Immigration Act, 2002; Business Visas, Study Visas, Relative’s Visas and Work Visas) are granted a temporary extension until 31 December 2024 of the current visa status. Applicants are not allowed to engage in any activity other than what the visa conditions provide for. 

Those who wish to abandon their visa appeal applications and depart from South Africa, will be allowed to exit at a port of entry before or on 31 December 2024 without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014.

Visa appeal applicants who need to travel, but are awaiting the outcome of an appeal application for a long-term visa, will be allowed to exit and re-enter at a port of entry up to and including 31 December 2024, without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014.

All appeal applicants are required to produce a copy of the rejection letter with a receipt for the appeal application on departure and re-entry into South Africa. Non-visa exempt appeal applicants who travel out of the country with an appeal application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa.

 

Short term visa holders issued in terms of section 11(1)(a)

Short term visa holders issued in terms of section 11(1)(a) of the Immigration Act, 2002 for 90 days or less, who have applied for a renewal, but have not received their visa renewal outcome, must make the necessary arrangements to depart from South Africa within 90 calendar days from the date of expiry of the principal visa, to avoid being declared undesirable. The latter concession is in line with the provisions of section 11(1)(a) of the Immigration Act, 2002 which limits the duration of sojourn for visiting purposes to a total of 180 days.

 

The temporary concession applies only to foreign nationals who have been legally admitted into South Africa.

This concession is also only applicable to applicants who have submitted their applications via VFS Global and who can produce a verifiable receipt for such application against the VFS Global tracking system. 

ISSUED BY THE DEPARTMENT OF HOME AFFAIRS

The short answer 

Yes, if they are dependent, aged between 18 and 23, and studying. They'll need temporary residence first. 

The whole question

I have been living in South Africa since 2007 as a diplomat with my children. They were minors when we moved. Now that they are adults, they want to apply for permanent residency here. What are the conditions for them to achieve this?

The long answer

It seems, from a Department of International Relations and Cooperation (DIRCO) circular issued in 2021 in terms of the Diplomatic Immunities and Privileges Act 37 of 2001, that only dependent children above 18 and below 23 years will be registered and accredited if they are studying and this can be proved. If they are not studying, the diplomat must give reasons why they should be considered dependent. 

In the same circular, it says that a dependent child cannot work for money in South Africa unless they have a work permit, for which they have applied through a South African mission.

The circular goes on to state that only spouses and dependent children over 16 years of age will be issued diplomatic identity cards, provided they are studying. If they are accredited, DIRCO will issue temporary residence permits, which are issued for up to a year and have to be renewed annually.  

Even though they have lived here since 2007, it seems that before your children can apply for direct permanent residence, they must first have temporary residence permits. 

You would also know that in February 2022, the Minister of Home Affairs withdrew the 2016 waiver that allowed foreigners who graduated from a South African institution with a qualification in a critical skills field to apply for permanent residence in terms of section 27 (b) of the Immigration Act. The waiver had removed the requirement for graduates to have five years of post-qualification experience before applying for permanent residence, but it has now been withdrawn.

Permanent residence permits (section 26 of the Immigration Act) can only be applied for once a foreigner has lived for a minimum of five years in South Africa on the basis of a work permit. The permanent resident’s spouse and dependent children can also apply for permanent residence.

As you will know, Home Affairs abruptly closed applications for permanent residence in 2020, at the beginning of the Covid pandemic, and only re-opened applications for permanent residence in January 2022. That means that as there was a large backlog even before the closure, it is estimated that they may now have a backlog of some120,000 applications, which means, in turn, that applications could take up to five years to finalis

The short answer 

Everyone born in South Africa has the right to a birth certificate. You should be able to get a copy from Home Affairs. 

The whole question

How can I get a copy of my child's lost birth certificate? He was born in South Africa, but both his mother and I are Congolese. 

The long answer

The Home Affairs website says: “Undocumented Foreign Nationals who are born in South Africa are issued with a certificate free of charge on registration of their births.”

The Scalabrini Centre of Cape Town says that children born to two non-South Africans and who do not qualify for citizenship are entitled to a birth certificate according to the Births and Deaths Registration Act. But in those cases, children are given birth certificates that do not include an ID number and the child is not entered into the National Population Register.

Home Affairs must have a copy of the birth certificate, and you would have to fill in form B1—154 and submit it to Home Affairs to get a copy. That is the form that South Africans must complete to get a replacement birth certificate and I could not find any different instructions for foreign parents whose child was born here. 

It could take six to eight weeks to replace the birth certificate and the application fee is R75.00.

If you encounter difficulty at Home Affairs in getting the birth certificate, you could ask one of the following organisations for assistance:

The prospect of a business-friendly South African government has drawn foreign investors back to the country’s stock market, with inflows reaching levels last seen more than two years ago.
Non-residents have been net buyers of R7.5 billion of South African equities in the 10 trading sessions through Friday, according to JSE data compiled by Bloomberg.
That’s a 10-day daily average of R936 million rand, the highest since March 2022.
President Cyril Ramaphosa unveiled a new cabinet on Sunday that he said would prioritize rapid and sustainable economic growth.
The announcement followed weeks of negotiations after an election on May 29 in which his African National Congress party lost its outright majority for the first time in three decades.
Before the turnaround of the past two weeks, foreign investors had been net sellers of South African stocks to the tune of R84.6 billion ($4.7 billion) amid concerns about a stagnating economy, fiscal challenges and transport logjams.
Investors also feared a coalition between the ANC and one or more of its leftist rivals.
Johannesburg’s benchmark stock index jumped more than 1% on Monday, closing in on a year-to-date high.

The Department of Home Affairs’ (DHA) critical skills list shows that several technology-related jobs are in high demand in South Africa.

The list highlights the professions that qualify for South African critical skills work visas, making it a crucial resource for local businesses.

Such visas are only issued to individuals with skills or qualifications deemed critical for the country.

Former minister Aaron Motsoaledi recently announced changes to South Africa’s work visa system, including the critical skills list.

President Cyril Ramaphosa mentioned the reforms during his 2023 State of the Nation Addresses.

“Having completed a comprehensive review of the work visa system, we will move quickly to implement the recommendations put forward,” said Ramaphosa.

“These include establishing a more flexible points-based system to attract skilled immigration, implementing a trusted employer scheme to make the visa process easier for large investors and streamlining application requirements.”

Motsoaledi gazetted the amendments to the regulations in May 2024.

Companies can now also expedite the gazetting process for critical skills that are seen as essential, removing the four-year waiting period that was previously in effect.

This should facilitate swift approval for in-demand skills. The new regulations also effectively replace the critical skills list with a new points-based system.

It is designed to eliminate the need to require a letter from the Department of Labour for General Work visas.

The points system is based on factors including age, qualifications, and work experience to determine visa eligibility.

Motosaledi’s department also introduced a new work-related visa designed for individuals who want to work in South Africa while under foreign employment.

The Remote Work visa targets high-earning individuals with the hope of stimulating the economy.

South Africa has been losing large numbers of skilled professionals to emigration, making it critical to attract individuals with specific skills to the country.

Ramaphosa alluded to this during his 2024 State of the Nation address and acknowledged the introduction of the reformed visa system.

“Just this week, we published new regulations to reform our visa system, which will make it easier to attract the skills that our economy needs and create a dynamic ecosystem for innovation and entrepreneurship,” said Ramaphosa.

The skills on the DHA’s list relate primarily to specialist medical and health professionals. However, it includes several tech qualifications, including electronic engineering technologist and engineering management skills.
Critical technology skills

Most critical skills in the published list require a bachelor’s degree or advanced diploma as a minimum requirement, with only one requiring an intermediate certificate.

A summary of the critical tech skills list is provided in the table below.
Critical tech skills in South Africa
Job/Skill Qualification
Engineering manager Bachelor honours degree, postgraduate diploma, or Bachelor’s degree
Chief information officer Bachelor honours degree, postgraduate diploma, or Bachelor’s degree
Data management manager Bachelor honours degree, postgraduate diploma, or Bachelor’s degree
Industrial engineering technologist Diploma or advanced certificate
Civil engineering technologist Diploma or advanced certificate
Mechanical engineering technologist Diploma or advanced certificate
Aeronautical engineering technologist Diploma or advanced certificate
Chemical engineering technologist Diploma or advanced certificate
Agricultural engineering technologist Diploma or advanced certificate
Electricial engineering technologist Diploma or advanced certificate
Electronics engineer Bachelor honours degree, postgraduate diploma, or Bachelor’s degree
Energy engineer Bachelor honours degree, postgraduate diploma, or Bachelor’s degree
Energy engineering technologist Diploma or advanced certificate
Multimedia designer Bachelor’s degree or advanced diploma
ICT systems analyst Bachelor’s degree or advanced diploma
Data scientist Bachelor’s degree or advanced diploma
Software developer Bachelor’s degree or advanced diploma
Programmer analyst Bachelor’s degree or advanced diploma
Developer programmer Bachelor’s degree or advanced diploma
Multimedia specialist (incl. game and web development) Bachelor’s degree or advanced diploma
Applications programmer Bachelor’s degree or advanced diploma
Computers quality ensurance analyst Bachelor’s degree or advanced diploma
Computer and network systems engineer Bachelor’s degree or advanced diploma
Network analyst Bachelor’s degree or advanced diploma
ICT security specialist Bachelor’s degree or advanced diploma
Electronic engineering technician Diploma or advanced certificate
Mechanical engineering technician Diploma or advanced certificate
Metatronics technician Intermediate certificate