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.
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General Work Visa

Under the General Work Visa there are very strict requirements. The South African government, although trying to promote work and trade in South Africa, recognize the need to give South Africans the chance to obtain employment ahead of any foreigner.

You will have to prove that you are the only person who can fill that position and that no other South African can play that role. This is done by placing an advert in a national newspaper advertising the position.

A Department of Labour report would need to be obtained.

You will also need to have a job offer/contract from your future employer.

The most important part of the process is skills assessment by SAQA (South African Qualifications Authority) in SA which evaluates your formal qualifications and compares them to a SA qualification. This process is mandatory and for this we would need your academic transcripts and award diplomas. Note under the regulations provision is made for the recognition of work experience in the absence of formal qualifications and this therefore makes provision recognition of prior work experience (RPL).

This is a paper based system which merely compares the foreign qualifications and arrives at an equivalent qualification in SA, and if qualified in SA then no SAQA needed.

Next your employer has to prove that you are the only person that can fill the position and no other South African can fill that role. This is done by placing an advert in a national newspaper advertising the position.

Please note the work Visa is issued in the name of the employer so the person is tied to the employer. If they change the job they will require a new work Visa.

There is some good news for people who are qualified through work experience only and they can qualify if they don’t require formal qualifications, ie SAQA.

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You might have obtained your work visa recently and second-guessing whether your visa is valid or not, this is a tricky situation to be in. There are many people out there who pretend to be immigration consultants or immigration lawyers only to scam you and issue you with a fake visa. The worst is being arrested or being detained in South Africa for something that you are not responsible and the Department of Home Affairs is coming down hard on these individuals.

Many who don’t qualify for the critical skills are always looking at applying for the general work visa for South Africa and thus one of the most popular options to forge it because of how difficult it is to obtain it. While this could be true many temporary residence visas are forged throughout South Africa. How to apply for a General Work Visa in South Africa or apply for a work visa South Africa the right way.

Beware of people who guarantee you a visa, as no one in this industry can do that, not even the most experienced immigration consultant or immigration lawyer. There has been news of many immigration consultants who have promised people a visa and blackmailed immigration officials to approve these cases. Be careful of which services you make use of and always apply due diligence. The South African Department of Home Affairs will hold you accountable for any forged documents.

If you are considering applying for temporary visas then you need to ensure that you are making use of professional services. If you wondering how much does a work visa cost in South Africa. We created a blog post in detail about the cost.

To avoid getting a fake work visa, using reputable immigration agents South Africa will assist in getting a valid visa for you.

Many foreigners are working without a work visa in South Africa.

We have created a handy guide for you to read and to keep close, we would advise that you bookmark this blog post so that you can always reference it back and forth when you need the information.

Is my work visa fake?

Table of Contents

• Is my work visa fake?

o How do I know if my work visa is real?

• How do I check if my work visa is valid?

o You can use the following methods to verify:

o I would recommend keeping the following proof:

o Which visas can be obtained fraudulently?

• So when can you be arrested in SA?

• What to do if you are arrested with a fraudulent visa?

So currently there are two ways that a work visa can be forged and it’s important to understand the differences. Once you understand the different methods of fraudulent ways then you have a starting point to investigate from.

1. A work visa can be forged to look like a real visa, but this has not been printed and entered into the Department of Home Affairs system. So there is no record that it has been issued and details of your particulars.

2. Another way of obtaining a “visa” is through a corrupt Home Affairs official who you pay to illegally issue you a visa. The visa is entered onto DHA’s systems but your application has not been screened against the requirements.

How do I know if my work visa is real?

If you made use of an agency or person to get your visa and are worried if its a fraudulent visa then there are certain things you can look at with regards to the visas:

• The words used on the visa would differ from the standard wording on a legally obtained visa.

• There will be colour variations between a fraudulent and legally obtained visa.

• The fonts would be different.

• Your particulars would not be stored or listed on the Department of Home Affairs systems.

• Extremely high fees to get the visa.

Furthermore, there are more important things you can take into consideration if your visa is fraudulent:

• If the person representing you has not requested you to submit your application through VFS then this is a major red flag. All applicants in South Africa are required to submit their applications through VFS.

• You are not allowed to apply for a change of status in SA meaning that if you are on a visit visa then you cannot apply for a work visa.

• Have yourself assessed with an alternative immigration agency to find out if you qualify

If you are paying a home affairs official to get your visa, then you would be held responsible when caught and can face deportation or imprisonment.

Our advice is that it’s better to go the legal route, even though it might take longer and not as quick as you would like. The immigration agent or lawyer can tell you immediately if you qualify or what you need to do to qualify.

How do I check if my work visa is valid?

There are various ways you can check if your work visa is valid in South Africa but you have to tread carefully as the Department of Home Affairs will hold you accountable for this in which you could be banned, fined or imprisoned. Therefore it is in your best interest to check if the person assisting you has a registered business, registered for tax and VAT.

You can use the following methods to verify:

• Email the verifications department: VisaVerifications.Missions@dha.gov.za

• Call the verifications department: 012 406 – 4432

• Walk into the Department of Home Affairs to find out from an immigration officer.

When making use of a representative to apply on your behalf we recommend that you keep a trail of paperwork and any communication. This is the best way so that you have proof if ever you are arrested and detained, in this way a lawyer can represent you which you would have proof.

Before you apply make sure that you have applied your due diligence to the person representing you.

You can verify if your family visa South Africa is valid for example.

I would recommend keeping the following proof:

• Email trails

• Record all phone calls

• Keep invoices

• Record all in-person meetings

The more proof you have the better and keep these in a safe place where they are easily accessible should you need them in future.

We recommend that corporate businesses verify an applicants work visa as they can be held accountable for employing a foreign national with fraudulent papers.

Accompanying spouses in South Africa must apply for their own independent work visa as they are not allowed to work whilst on a dependent visa. There is no such thing as a accompanying spouse work visa in South Africa.

Which visas can be obtained fraudulently?

• General Work Visas

• Spouse Visas

• Life Partner Visas

• Study Visas

• Retirement Visas

• Critical Skills Visas

• Corporate Visas

• Intra-company transfer visas

• Relatives visas

• Permanent residence visas

So when can you be arrested in SA?

The South African immigration act mentions the following when you are considered to be in contravention of the act:

• In possession of a fraudulent or fake visa

• Expired visa

• Not adhering to the conditions of your visa.

• Not in possession of a visa

The experience of being arrested in SA is not a good one and therefore always ensure that you are on the right side of the law. You will never be asked to show your papers but immigration officers have the right to request to see them at any given time. Remember that if you are committing a crime in any sense, you will be imprisoned.

The best thing to do is always keep your passport and visa with you wherever you go and have a telephone or mobile number of someone you can call in SA preferably in the same town as you to help you if you are arrested. We would advise that you beforehand give the person a copy of your passport bio page, visa stamps, contact details for a family member back in your country of residence. The last thing I recommend is giving the person the details of your embassy or consulate in SA to assist you.

What to do if you are arrested with a fraudulent visa?

The South African government together with DHA are cracking down on fraudulent visas and when caught you will be locked up immediately. Our advice does not to try and fight the police or officials and don’t be abusive towards them either. You will be taken to the nearest police station and you will be kept separate.

• Call a family member to let them know you’ve been arrested.

• Ask them to hire an attorney

• Instruct your family member on how to get access to your funds should the need arise

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Rejection rates appear to be climbing

The Department of Home Affairs (DHA) has been given 30 days to issue a critical skills work visa to a British professional after two years of waiting and being previously ordered by the Pretoria High Court to issue the visa “forthwith”.

The same court found the Home Affairs minister and its director-general in contempt for failing to comply with a 2024 court order to issue a visa to the professional.

The court order makes it clear that the British applicant is free to enter, reside and continue work in South Africa, exit and re-enter and re-exit – even while the visa is being processed.

The court barred the DHA from arresting, detaining or declaring the applicant undesirable or sending him back to Britain while he awaits the visa.

Illogical reasons for rejection

The reasons for the rejection were illogical as the professional is a member of professional accounting bodies in SA and abroad, and this was made clear in the visa application. The court instructed Home Affairs to issue the visa within 30 days.

Benjamin van Zyl, immigration consultant and attorney at Xpatweb, which is representing the visa applicant, says while the DHA has made progress in clearing the visa backlog inherited when Leon Schreiber took over as minister, the department still battles to clear appeals flowing from the backlog inherited from the previous administration.

Immigration consultants contacted by Moneyweb say the visa backlog may have been cleared, but visa rejection rates have also increased – and that may have flattered the visa backlog numbers.

‘Significant backlog’

Stefanie deSaude Darbandi, recently appointed to the Immigration Advisory Board by Schreiber, says there was a period around December and January where there was an influx of bizarre and illogical rejections. “Since then there has been some improvement, but I would say we’re more or less back to where we were before the backlog.

“Many decisions are still being poorly made, the overall rejection rate remains far too high relative to what it should be and there’s still a significant backlog of both new applications and appeals.”

Immigration attorney Steven de Andrade says he has seen a number of visa rejections, and this is only adding to the appeals backlog.

While Home Affairs may have cleared the visa backlog, this is now showing up in a backlog of appeals.

The drive to expedite visa processing appears to have introduced new challenges, including an increase in the rejection of applications and a surge in consequent appeals, says Van Zyl.

‘No response, nothing’

These appeals seem to be receiving very little attention, adds DeSaude Darbandi.

“We’re collecting outcomes with a noticeable improvement in processing times, but then lodging appeals and then … silence. Just this morning I received an email from a client who said she was in tears. She applied two and a half years ago, her first visa was wrongfully rejected, she’s the spouse of a South African.

“She lodged her appeal about a year ago and still no reply. She said she wrote directly to the minister, received a reply some many months ago but still there’s been no movement. No response on her appeal. Nothing.

“We also still have a lot of litigious matters going into contempt [of court], followed by rushed decisions with poor outcomes, which just throws clients back into the appeal process or forces them to litigate all over again.

“I want to stay optimistic and I was, especially after the new minister took office but there’s still a long way to go.”

Another multi-year delay

Despite progress with visa processing, certain complex and historic cases remain under review, says Van Zyl.

One such matter involves a wealthy UK citizen who first applied for a “financially independent permit” to reside permanently in SA five years ago.

She demonstrated to the DHA twice that her net assets far exceed the required R12 million threshold and appealed two DHA rejections, yet was rejected twice over a period of three years.

During this period, she maintained long-term temporary residency in South Africa on a four-year ‘retired person’s visa’ while awaiting the adjudication of her permanent residence appeal.

Another rejection followed, this time of her application to renew her retired persons (RP) visa. Van Zyl notes that the rejection came as a surprise, particularly given that she had previously been granted an RP visa.

A more efficient and transparent visa system will ultimately benefit all parties concerned, but until then legal intervention is a necessary safeguard in certain instances, especially where legacy backlogs are involved, says Van Zyl.

Government’s digitisation drive is under way at Home Affairs and will be extended to applications for all documents.
• An online instant visa for visitors to SA that captures biometrics and cross-checks applications with the security features of national passports will be rolled out in September.
• The visa system will also allow immigration officials to know in real-time if a visitor overstays.
• The digital document can be downloaded and stored in the wallet of a mobile phone.

SA’s fully digital visa system will go live in September, enabling visitors to apply online and store their QR-coded visas on their mobile phones.

All applications will be done online and involve scanning a passport and other necessary documents, a declaration, uploading a selfie, and making a payment. An AI engine will verify the authenticity of the applicant’s passport using dozens of different parameters based on their country’s passport.

The AI tool also has the capability to check domestic and international security databases and will match the face on the selfie to the biometrics on the passport to verify the applicant’s identity.

Successful applicants will get their visa on the spot as a digital document with a secure QR code that can be stored in a smartphone wallet. When the traveller arrives at an airport, they will look into a camera to verify that they match the selfie and the passport biometrics provided at the time of application.

Minister of Home Affairs Leon Schreiber says the electronic travel authorisation will revolutionise the security and efficiency of South Africa’s immigration system.

“No more fraud, no more queues, just a seamless, secure, tech-driven and world-class experience where an application can be submitted without travelling anywhere or waiting months for a paper outcome that can be manipulated,” he says.

In the past, tourists and business travellers had to apply in person at an SA consulate, embassy, or a VFS Global service point. However, not all countries have VFS offices. This posed enormous difficulties, particularly for large countries like China and India.

Schreiber says that the common Home Affairs refrain, “our systems are down, please try again later”, will not apply to visa applications as “the system will run on its own modern infrastructure to ensure it is always up, with its own dedicated portal”.

Schreiber demonstrated the system to President Cyril Ramaphosa, who has strongly backed the digitisation, earlier this week.

The first rollout phase will be complete by the end of September, before the G20 leaders’ meeting in November. It will focus on tourist visas that are valid for less than 90 days for travellers who fly into the country. The list of countries and exact policy details are still being finalised, including transitional arrangements for travellers who obtained paper visas before the new system’s launch.

Over time, the system will be expanded to become the only immigration channel into the country, fully digitalising every visa category and every port of entry — air, sea and land borders — and ensuring that no one enters our country without providing biometrics and the basic information required to better manage immigration.

Schreiber, who took office a year ago, wants to transform the Department of Home Affairs into a “digital first” department over the next five years. The digitisation project will also include:

• Online applications for ID, passport, and certificates on a secure platform linked to biometrics. Human intervention will be required only where anomalies are detected. Over time, all documents will be available in a digital format on the client’s online platform and in a digital wallet on their mobile phone.

• The integration of biometric information will be able to identify and prevent attempts at identity fraud and will detect fraudulent documents that have been reused in multiple applications.

• By integrating local and global databases with biometric information and travel information, a risk engine will notify immigration officials in real-time whenever a traveller has failed to exit the country on time. Biometric information will also enable instant verification of the status of all foreigners in the country