IMMIGRATION: WORK VISA POINTS SYSTEM GAZETTED

Please note: 1) On 18 October 2024, the points-based system gazetted on 9 October 2024 was withdrawn and replaced. 2) Home Affairs Minister Leon Schreiber’s media statement on the merits of the new system nevertheless continues to apply.

The Department of Home Affairs has gazetted amendments to regulations under the Immigration Act, 2002 – introducing a points-based system for assessing applications for both general and skilled work visas. 

In addition, amendments to sub-regulation 11(4)(b) gazetted in May 2024 have been replaced:

  • significantly reducing the minimum annual earnings of a prospective foreign worker, and
  • fine-tuning tax-related requirements.

To be determined ‘from time to time’, the new system’s first list of criteria and associated points has also been gazetted.

In addition to meeting all other regulatory criteria, every work visa applicant is now required to earn 100 points to qualify for a visa. This is noting that the point-based system:

  • automatically allocates 100 points to a skilled work visa application, and
  • allocates points for general work visa applications according to:
    • national qualification (NQF) level (which should be 7 or above)
    • annual remuneration (which should be at least R650,796-00 and in which regard an offer of employment is mandatory)
    • the ‘status’ of the prospective employer concerned (who should be deemed ‘trusted’)
    • work experience (which should be a minimum of five years), and
    • language skills (in which regard the applicant should be ‘proficient in at least one official language’).

Please click the links below for more information:

Published by SA Legal Academy Policy Watch

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