The remote work visa allows individuals employed by foreign companies to work remotely in South Africa, and is similar to the nomad visas now popular in many countries across the globe, explains Aadil Wadee.
A significant change introduced by the newly gazetted regulations on 20 May 2024, was the implementation of the remote work visa in South Africa.This is similar to the nomad visas now popular in many countries across the globe.

The remote work visa should not be confused with the short-term work visa, also known as a Section 11(2) visa. This visa is specifically intended for foreign nationals conducting short-term work-related activities and hosted by a South African company.

A brief overview of some key distinctions between the remote work visa and Section 11(2) visa can be seen below:
1. Remote work visa:

The remote work visa allows foreign nationals to reside in South Africa while being employed by a foreign entity abroad and work remotely. This visa is designed for individuals who wish to enjoy South Africa`s amenities while maintaining employment with a foreign entity and continuing their normal duties remotely.

Targeting high-earning individuals, this visa aims to boost the South African economy. To qualify, applicants must earn the equivalent of at least R1 million annually. The remote work visa may be granted for up to six months initially, extendable up to 36 months within South Africa. Foreign nationals issued a remote work visa for more than six months within a 36-month period must register with the South African Revenue Service.

2. Short-term work visa or Section 11(2) visa:
The visitor`s visa under Section 11(2) of the Immigration Act, 2002 (Act No. 13 of 2002) allows foreign nationals to enter South Africa temporarily for work purposes. This visa is intended for individuals who need to visit South Africa to undertake specific work-related duties on behalf of a foreign employer at a host company in South Africa.

To obtain this visa, the foreign national must demonstrate the purpose of their visit by providing documentation from both the foreign employer and the South African host company. This documentation should confirm the nature of the project and justify the foreign national`s presence in South Africa, based on their specialised skills and expertise.

The visitor`s visa is issued for a maximum period of 90 days and can be renewed for an additional 90 days while in South Africa. However, it`s important to note that a foreign national who has already extended this visa for an additional 90 days in a calendar year will not be eligible to apply for this visa category again within the same calendar year.

Conclusion

The remote work visa and Section 11(2) visa serve two distinctly different purposes. The remote work visa is designed for individuals who wish to live in South Africa while working remotely for foreign employers. This visa promotes a flexible lifestyle and supports the local economy by attracting high-earning individuals.

In contrast, the visitor’s visa under Section 11(2) is intended for short-term work assignments. It allows foreign nationals to engage in specific work-related activities in South Africa for a limited period. This visa is suitable for individuals who need to visit the country temporarily to fulfil specific duties on behalf of a foreign employer at a local host company.

Understanding these differences is crucial for foreign nationals in determining the most suitable visa option based on their individual circumstances and requirements.
Aadil Wadee is senior immigration consultant at Xpatweb.

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The DA`s Leon Schreiber is the Home Affairs Minister-designate. He discusses his priorities with John Maytham.
Is a more competent Home Affairs department on the horizon?
President Cyril Ramaphosa’s newly announced Cabinet has had to accommodate ministers and deputy ministers from six former opposition parties.
The post of Home Affairs Minister has gone to Leon Schreiber from the Democratic Alliance, who takes over from the ANC`s Aaron Motsoaledi who returns in the guise of Health Minister.
Schreiber was appointed the DA Shadow Minister of Public Service and Administration in 2019, and has since served as a member of the Portfolio Committee on Public Service and Administration, and as an Alternate Member of the Ad Hoc Committee to Amend Section 25 of the Constitution.
Considering the scale of the problem he faces at Home Affairs, Schreiber tells John Maytham, the key will be to prioritise.
`I think every single South African understands the scale of the challenge - you just have to go and stand in one of those queues that sometimes start at four in the morning and maybe even end with people not being helped by the end of the day.`
`I think this phrase of `system offline` has become almost a South Africanism... We can add to the list the issues around processing times for critical skills visas or people who want to invest and help us grow the economy who act can`t do so because they`re dissuaded by the inefficiency of the system.`
Leon Schreiber, Home Affairs Minister-designate
Schreiber has hit the ground running with discussions at the Department on Tuesday, ahead of his inauguration.
He will continue these meetings with various stakeholders including banks helping the Department, and immigration lawyers.
Along with the practical challenges that need to be addressed at Home Affairs, there are also issues of policy reform awaiting the new Minister.
`We have to make sure that we have a clearly defined and understandable set of priorities that includes things like shortening the queues if not defeating them entirely...`
`...but then you can include among those key priorities some of the policy reforms that we need to look at that can include things like simply regulation that sometimes tie down the processes, looking at the attractiveness of the critical skills list, of the visa process itself..

The Home Affairs Department is now preparing to hand over at least 94 individuals for investigation by the Hawks, on top of 28 others already handed over to the Directorate for Priority Crime Investigations.
CAPE TOWN - The Home Affairs Department says it has identified more than 300,000 cases related to the fraudulent issuing of visas and permits.
It is now preparing to hand over at least 94 individuals for investigation by the Hawks, on top of 28 others already handed over to the Directorate for Priority Crime Investigations.
Home Affairs has been on a year-long audit of its files following an independent investigation of visa corruption in the department dating back 20 years, now known as the Lubisi Report.
The department was before Parliament on Tuesday to provide a status update.
The number of irregular visa and permit transactions picked up by the Home Affairs Department in the past year is 307,178.
At least 34 officials have been fingered in these cases.
It has been found that fraudulent medical information has also accompanied visa applications.
At least 78 cases of questionable medical records, and 46 cases of questionable radiology reports.
But Home Affairs Minister said not all the implicated officials are suspended pending investigation.
`It depends on the nature of the case, it depends on the type of work the person is doing, it depends on the type of investigation, how that person will affect the investigation.`

THE National Employers’ Association of South Africa (NEASA) on Thursday provided clarity for all affected parties on the relevant deadlines and periods of validity of the the Zimbabwean exemption permits (ZEP) dispensation.
There are more than a million Zimbabweans living in South Africa, according to South Africa’s census data.
It said for the current holders of the original ZEPs, the deadline has been extended and was valid until November 29, 2024.
Current holders of the original ZEPs were entitled to apply for new exemption permits, while new exemption permits issued were valid until November 29, 2025.
It said the original ZEP holders who had already applied for waivers and for other mainstream visas did not have to apply for the “new” exemption permits; and therefore, if an original ZEP holder had applied for a waiver and a mainstream visa, he/she would be allowed to remain and be employed in South Africa, until they receive the outcome of their applications.
Holders of the original ZEPs have had the option to apply for new exemption permits or waiver applications in order to apply for general work visas, if they had not done so already, Neasa said.
“Employers and the ZEP holders are encouraged to consult an immigration specialist to determine which permit or visa is most suitable and to apply timeously, so as not to run out of time before the expiration date of the current permits in November 2024,” it advised.
Meanwhile, amid increasing calls for new Minister of Home Affairs Leon Schreiber to reverse his decision to extend the deadline for visa applications, ActionSA has called for him to prioritise jobs for South Africans.
Last week, a day after being sworn in, Schreiber extended the temporary concession for foreign nationals who are awaiting the outcome of visa, waiver and appeal applications.
The 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 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,” the Department of Home Affairs said in a statement.
At the weekend, a new petition seeking to stop the minister from extending applications, penned by an individual who identified himself as Kaneth Smollan, said the minister’s decision was not in favour of the country’s interest.
“Patriotic South Africans, Let’s stop Leon Schreiber, the DA minister of home affairs, from extending working visas for immigrants. This is an insult to the work done by his predecessor former minister Aaron Motsoaledi who worked hard to fix the mess done by the government, which contributes to high unemployment rate as companies are hiring immigrants because they are cheap labour. And most of them are not skilled, some have just faked qualifications from their countries,” the petition read.
On Sunday, ActionSA caucus leader in the National Assembly Lerato Ngobeni also slammed the minister for having begun this process on the first day after being sworn in, adding that ActionSA was opposed to the minister’s swift decision in extending the temporary concessions.
“Home Affairs Minister Leon Schreiber’s first act was to extend temporary concessions for foreign nationals’ visas, along with public statements outlining priorities for improving work visa processes, ActionSA implores the minister to address the urgent crisis of illegal immigration with equal vigour and make it a top priority,” Ngobeni said.
Last week, Schreiber said the decision to extend these concessions was to attract business and skills investment into the country and was in line with making South Africa competitive in a bid to ensure economic growth.
However, Ngobeni as well as the African Transformation Movement (ATM) and other parties are not convinced of the minister’s argument.
Ngobeni added that Schreiber would do well to understand that the widespread corruption and mismanagement that has plagued the Department of Home Affairs has allowed criminal elements to exploit South Africa’s legal visa regime.
“This illegality has contributed to the proliferation of drugs and illicit goods in South Africa, necessitating urgent strengthening of our borders and immigration controls. If the minister’s intention is to put the interests of South Africans first, he must prioritise the crisis of illegal immigration with the same urgency as he highlights the issue of work visas,” she said.
ActionSA said the country’s spiralling crime rate as well as the numbers of unemployment among South Africans can be attributed to the porous borders as more and more illegal immigrants flood the country.
“The spiralling crime rates linked to foreign crime syndicates operating with near impunity, and the widespread exploitation of cheap foreign labour in an already constrained labour market that has left millions of South Africans without job opportunities, are consequences of our flawed immigration system. With expanding terror networks across the African continent, South Africa cannot afford to be lax in allowing undocumented individuals to roam freely across our country without trace,” Ngobeni added.
Last Thursday, the ATM in a statement said the decision by the minister undermined skilled South Africans who are overlooked by employers who want to empower foreigners over locals.
“The African Transformation Movement (ATM) notes with grave concern the recent announcement by Minister of Home Affairs, Dr Leon Schreiber, extending the temporary concession for foreign nationals awaiting visa, waiver, and appeal outcomes. This decision demonstrates a blatant disregard for the well-being and economic prospects of South Africans.
“Minister Schreiber’s policy not only opens our borders, but also undermines the efforts of skilled South African workers. This concession allows an influx of foreign nationals, competing for limited job opportunities while our unemployment rates remain alarmingly high. With unemployment being one of the most pressing issues facing our country, it is imperative that we prioritise South African workers. This policy neglects the need to protect local jobs and exacerbates economic challenges,” the ATM said.
However, responding to increasing criticism from the ATM and other parties, Schreiber described calls for him to reverse his decision to extend visa and waiver applications as “ignorant”.
“f I were this ignorant, I’d be a little more careful not to advertise it. The concession applies to legal visa holders who are already contributing to South Africa through tourism, investment and skills, and who are waiting for Home Affairs to process legal renewals, waivers or appeals due to a big backlog we are tackling.
“The days of unchallenged fake news peddling are over. The time for the rule of law and unlocking economic growth to create jobs, has arrived,” the minister said through his X account at the weekend.

A Man who was more than three years ago suddenly stripped of his South African citizenship by Home Affairs, and who had in the meantime lost his job as a result, turned to the court for a final interdict to force the department to unblock his ID document.
The applicant, only identified as FS, told the Gauteng High Court, Pretoria, of the hardships he has encountered after home affairs simply took away his citizenship in April 2021, based on unverified claims that he is actually a Zimbabwe national.
He said his life has been a nightmare since, as he cannot travel, he is now unemployed and he cannot even receive a social grant.
This, while FS said he had obtained his smart South African ID card decades ago, he married a South African woman and his four children all received birth certificates indicating that they are South Africans
He also submitted proof of his citizenship to the court, who concluded that “it is crystal clear” that he is a South African. In a bid to prove his South African status, the applicant even underwent DNA tests at his own expense to prove that his South African mother is indeed his blood relative.
The applicant complained that Home Affairs stripped him of his citizenship after a forensic investigation done by an unregistered company into his background. This was done at Eskom, where the applicant was previously employed.
The report, among others, stated that he was born out of wedlock.
He said certain portions of the report submitted by the investigators should not be allowed by the court, as they are “scandalous and vexatious” in that they label him as being born to an illegitimate father. He said this violated the constitutional right to human dignity of himself and his mother.
In this regard Judge Mabaeng Lenyai said: “I find the labelling of the applicant as an ‘illegitimate child’ regrettable and painful as it has a negative inference on both the applicant and his mother.”
She added that the only reason to label someone as illegitimate is to cause shame on the person so labelled, and it causes the person to feel that they are a product of some illegal activity.
“It is archaic, outdated, cruel… I would dare say it is unconstitutional to refer to someone as an illegitimate child and the court frowns upon such conduct. The respondents (Home Affairs) should be sensitive when describing people so as not to offend their human dignity,” Judge Lenyai said.
FS told the court that in 2021 Home Affairs decided that he was not a South African citizen and stripped him of his rights in this regard. The department also vowed to investigate his other family members to ascertain their legal status in the country.
He said the department has arbitrarily suspended and blocked his Smart Identity card, put marks on his passport, and confiscated both documents.
He said the department considered irrelevant and inadmissible documents and evidence when considering his matter, and ignored his submissions and documents he furnished.
Judge Lenyai said that the applicant has a clear right to the relief sought. His submissions to the circumstances of his birth, including the facts relating to his father are reasonable to the court.
“The court takes judicial notice thereof as most black South Africans were born under such unfortunate and unfavourable conditions during the dark days of the history of our country. No one should take advantage of those circumstances or persecute the people affected any further. It is enough,” the judge said.
She declared him a South African citizen and ordered Home Affairs to give him back his documents.