New Points-Based System for General Work Visa and Critical Skills Work Visa in South Africa: What You Need to Know
Introduction
In a significant move to overhaul its immigration framework, the Department of Home Affairs in South Africa introduced a new points-based system for adjudicating work visa applications, which took effect on October 8, 2024. This system, which applies to both the General Work Visa and the Critical Skills Work Visa, aims to simplify the application process, reduce administrative burdens, and speed up decision times.
The reforms are part of South Africa’s broader strategy to attract skilled foreign nationals to fill talent gaps in critical sectors of the economy, such as technology, healthcare, and engineering. By introducing a merit-based points system, the government seeks to ensure that immigration policies align with the country’s economic priorities while also making it easier for companies to hire highly qualified foreign workers.
The Shift to a Points-Based Immigration System
The introduction of a points-based system is not entirely new in the global immigration landscape. Countries such as Australia, Canada, New Zealand, and Singapore have long implemented points-based frameworks to manage economic migration effectively. By offering a transparent and measurable set of criteria, these systems allow governments to attract foreign workers whose skills are in demand. South Africa is now following suit, with the aim of making its own work visa processes more efficient and responsive to economic needs.
Previously, the work visa application process in South Africa was fraught with bureaucratic red tape, making it difficult for both applicants and companies seeking foreign talent. Extensive documentation was required, including hard-to-obtain materials such as letters from the Department of Labour, proof of membership to accredited professional bodies, and more. As a result, the visa process could take up to nine months, causing delays for employers and deterring skilled professionals from applying. From 2014 to 2021, 52% of all Critical Skills Work Visa and General Work Visa applications were rejected, often due to missing or outdated documents.
The new points-based system is set to change all that by simplifying the documentation process and introducing clear-cut criteria for eligibility. This, in turn, is expected to reduce processing times and make it easier for South Africa to attract much-needed talent from abroad.
Understanding the New Points-Based Criteria
To qualify for either the General Work Visa or the Critical Skills Work Visa, applicants must score at least 100 points based on a variety of factors. However, the criteria for each visa type differ slightly, depending on the applicant's occupation, qualifications, salary, work experience, and other factors.
Eligibility for the Critical Skills Work Visa
The Critical Skills Work Visa is specifically designed for individuals who possess skills deemed crucial for South Africa’s economic growth. To qualify for this visa, applicants must have an occupation that is listed on South Africa’s Critical Skills List, a government-issued document that outlines key sectors where talent is in short supply. For example, professionals in fields such as information technology, engineering, medicine, and renewable energy are in high demand.
In addition to holding a critical skill, applicants must also accumulate a minimum of 100 points, which are primarily awarded based on their occupation. The streamlined process eliminates some of the more cumbersome requirements from the previous visa system, making it easier for highly skilled professionals to move to South Africa and contribute to its economy. Applicants must also provide the documents as required in Section 19(4) of the Immigrations Act. It is important to note that a critical skills visa is not to seek employment. A foreign national must already have an offer of employment from a South African based employer to be issued with one.
Eligibility for the General Work Visa
The General Work Visa is more flexible than the Critical Skills Work Visa, as it allows foreign nationals to work in South Africa even if their occupation is not listed as a critical skill. However, applicants must still meet the 100-point requirement, which can be achieved through a combination of qualifications, work experience, salary level, and other factors. Here’s how the points are allocated:
Qualifications
National Qualifications Framework (NQF) level 9 (master’s degree) and 10 (Doctoral degree) earn 50 points.
NQF levels 7 (bachelor’s degree or advanced diploma) and 8 (bachelor’s degree, postgraduate diploma, or Bachelor honours degree) earn 30 points.
Salary
A gross salary above ZAR 976,194 per year earns 50 points.
A salary between ZAR 650,796 and ZAR 976,196 earns 20 points.
Work Experience
Five to ten years of experience in a relevant field awards 20 points.
More than ten years of experience awards 30 points.
Employer Status
Applicants who have received a job offer from a company that is part of the Trusted Employer Scheme earn 20 points.
Language Skills
Proficiency in at least one official South African language adds 10 points.
Applicants for the General Work Visa must also provide a valid police clearance, a medical report, and other documentation, but the new system has significantly reduced the number of documents required compared to the old regime. Applicants for the General Work Visa must also provide a valid police clearance, a medical report, and other documentation, but the new system has significantly reduced the number of documents required compared to the old regime. The results can be easily adjudicated, and the process is more objective than the previous system. Click here for the adjudication spreadsheet.
The Impact on Companies and Applicants
The new points-based system offers several advantages for companies and foreign nationals alike:
For Companies
Businesses looking to hire foreign nationals will benefit from a more transparent and efficient process. The elimination of the requirement for a letter from the Department of Labour is expected to speed up applications significantly, allowing companies to hire skilled workers more quickly. In sectors where talent shortages are acute, such as IT, healthcare, and engineering, this could make a critical difference in helping businesses grow and innovate.
The Trusted Employer Scheme is another boon for companies, as it allows recognised employers to offer points to applicants, making the hiring process smoother. Employers who are part of this scheme can leverage their status to attract top talent by helping them meet the point threshold. DHA is finalising the list of Trusted Employers. A call for expression of interest issued by the department calling for interested employers to apply for consideration as trusted employers. The deadline for applications was 31 March 2024.
For Applicants
For foreign nationals, the new system provides a clearer and less bureaucratic path to securing a work visa in South Africa. By reducing the amount of paperwork and offering specific, measurable criteria for visa eligibility, the system allows applicants to understand upfront whether they are likely to qualify.
The reduced processing times are another major advantage. Where applicants previously had to wait up to nine months for a decision, the new system promises to speed up this process, making South Africa a more attractive destination for highly skilled professionals. The Minister has approved a partial waiver on getting the South African Qualifications Authority (SAQA) “Proof of qualifications evaluated by SAQA and translated by a sworn translator into one of the official languages of the Republic”- Provided that in a case where the outcome of an evaluation by SAQA is not yet available at the time of application, proof of an application submitted to SAQA for evaluation will result in the critical skills work visa being issued for 12 months. In the case of submission of SAQA evaluation certificate on application, the visa will be issued for the period applicable to the relevant visa. This partial waiver applies to both the General work visa and the Critical skills visa.
South Africa’s Broader Immigration Goals
The introduction of the points-based system is part of South Africa’s long-term strategy to address talent shortages and foster economic growth. By targeting professionals in key sectors, the government hopes to boost innovation and drive development in areas critical to the country’s future.
This approach mirrors global trends, where points-based systems have proven to be effective in managing economic migration. For example, Australia’s points-based immigration system has been instrumental in attracting skilled workers to its booming technology and healthcare sectors, while Canada’s Express Entry system has helped the country meet its labour market needs in a competitive global economy.
For South Africa, the new system is expected to attract much-needed skills in industries that are essential for economic development. By making the visa application process easier for highly skilled professionals, the government aims to position the country as a hub for innovation and investment in the region.
What Lies Ahead?
Looking forward, the introduction of the points-based system is expected to significantly reduce the administrative hurdles that have long plagued South Africa’s work visa process. By streamlining application requirements and speeding up processing times, the government is creating a more efficient and transparent path for skilled professionals to contribute to the country’s economy.
For businesses, this means a faster, simpler process for hiring foreign talent, while for skilled workers, it offers a clear and attainable path to working in South Africa. In the years to come, the system is expected to help South Africa attract the critical talent it needs to compete in the global marketplace and drive its own economic development.
This points-based system could mark the beginning of a new era in South African immigration policy, where merit, transparency, and efficiency are at the forefront, paving the way for a more dynamic and competitive economy.