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 includea
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, productsor
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 regulationsmeans any
foreign national artisan who iscertified 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 isusing tools, equipment and machinery to
manufacture, produce, service, install or maintain tangible goods, productsor
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 regulationsmeans
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
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