South Africa's New Immigration Regulations 2024: Key Changes and Insights
Home Affairs Gazettes New Immigration Regulations – A Closer Look at the Changes
On May 20, 2024, South Africa saw the introduction of significant changes to its immigration regulations, as gazetted by Dr. Aaron Motsoaledi, the Minister of Home Affairs. After initially withdrawing the regulations on April 12, 2024, due to a procedural oversight, the Department of Home Affairs (DHA) has now officially published these eagerly awaited regulations, marking a new chapter in the country's immigration system.
Marisa Jacobs, Managing Director at Xpatweb and a Business Representative on the National Economic Development and Labour Council (NEDLAC) immigration and migration committee, provides an insightful overview of the key points addressed in the newly Gazetted regulations.
Introduction of the Remote Work Visa
One of the most notable additions is the Remote Work Visa. This visa is designed for individuals who wish to reside in South Africa while working for foreign employers or earning a foreign-sourced income on a remote basis. Targeting high-earning individuals, this visa aims to boost the South African economy. To qualify, applicants must earn at least R1,000,000.00 (One Million Rand) annually.
Initially, the draft legislation exempted remote workers from tax if they secured a visa for six months or less. The revised regulations now allow remote workers to apply for tax exemption with the South African Revenue Service, and those holding a Remote Work Visa for more than six months within a 36-month period must register with the South African Revenue Service.
Point-Based System for Work Visas
Another significant change is the introduction of a point-based system for Work Visas. This system aims to streamline the adjudication process, particularly for the General Work Visa. The points-based system will consider factors such as age, qualifications, language skills, work experience, and other relevant factors. These factors will be detailed by the Minister of Home Affairs in the Government Gazette from time to time.
The exclusion of the “ability to adapt” criterion in the revised regulations is a welcome change, as it adds clarity, predictability, and objective parameters to the points-based system.
Professional Body Registration
The DHA has also clarified the distinction between proof of application and actual registration with a professional body recognized by the South African Qualifications Authority (SAQA) for Critical Skills Work and Corporate Visas. Proof of application now allows a visa to be issued for up to twelve (12) months, while membership permits visas up to five (5) years for Critical Skills and three (3) years for Corporate Visas.
Police Clearance and Radiological Reports
The regulations have revised the definition of a “police clearance certificate” and removed the requirement for a “radiological report” with visa applications. Now, police clearance certificates are only required for applicants who are 18 years or older and have lived in a country for twelve (12) months or longer in the past five (5) years. This change aligns with the proposals in the Vulindlela Report and Directive No. 5 of 2023, issued by the Minister of Home Affairs on April 11, 2023.
Change of Status for Family
The new regulations also address recent Constitutional Court judgments, allowing foreign spouses, children of South African citizens or permanent residents, and foreign parents of South African children to change visa conditions without leaving the country. These changes uphold constitutional rights to dignity and family unity.
In Conclusion
The newly gazetted immigration regulations signify valuable progress by the DHA in modernizing the immigration system and fostering economic growth through strategic visa policies. As a provider to large corporates and multinational organizations in South Africa, as well as high net worth professionals, we remain optimistic that these changes, along with initiatives such as the Trusted Employer Scheme, will restore confidence in a visa system that has recently been hindered by growing backlogs and inefficiencies.
In the past 6 to 12 months, there has been an increased uptake by businesses to mobilize talent to South Africa, taking advantage of initiatives like the Trusted Employer Scheme and a proactive legal-based approach to facilitate efficient visa processing. The new regulations represent a forward-thinking approach to immigration, aiming to make South Africa an attractive destination for international talent and investment.
For more detailed information and assistance with visa applications, contact Visa Digital Global Solutions. We are dedicated to helping you navigate South Africa's immigration landscape with ease and confidence.
