Following the release of the amended Immigration Regulations on 9 October 2024, the South African Department of Home Affairs has swiftly issued Directive No. 10 of 2024, providing much-needed clarity on the practical implementation of a new points-based system for work visas. For applicants navigating South Africa’s evolving immigration landscape, this directive offers crucial guidance, particularly for those with pending applications, and reinforces the government’s commitment to a fair and transparent process. 

Clearing Up Confusion for Pending Applications

One of the biggest concerns following the introduction of the new immigration regulations was the uncertainty surrounding applications that were already in progress. Many applicants feared that their pending applications for critical skills or general work visas would be subject to the new points-based system, potentially leading to delays or unfavourable outcomes. 

However, the Directive eliminates this uncertainty by specifying that any visa applications submitted before the implementation of the points-based system will be adjudicated under the rules in place at the time of submission. Furthermore, those with appointments already booked at Visa Facilitation Centres (VFS) or the South African High Commission will also be assessed under the pre-existing system. 

Zimbabwe Exemption Permit Holders: A Temporary Exemption 

For Zimbabwe Exemption Permit (ZEP) holders, the directive provides a temporary but important exemption from the points-based system. ZEP holders who are transitioning to mainstream critical skills or general work visas will continue to be processed under the terms of the special dispensation, without the need to meet the new points-based criteria. 

While this exemption provides immediate relief for ZEP holders, it remains to be seen how their long-term status will be managed once the special dispensation comes to an end. Nonetheless, the directive ensures that ZEP holders are not adversely affected by the shift to the points-based system, at least for now. 

A Welcome Step Toward a More Efficient and Transparent Immigration System 

Marsia Jacobs, Managing Director of Xpatweb confirms that the introduction of a points-based system marks a significant shift in how South Africa manages its immigration policy, aligning it with other countries that prioritise economic needs and skill shortages representing a forward-thinking approach. By outlining specific criteria, such as qualifications, work experience, and remuneration, the system is designed to attract the right kind of talent to support South Africa’s growth. 

The Directive reaffirms that applications filed after the introduction of the new regulations must adhere to the points-based system, ensuring that future applicants are assessed based on their ability to contribute to the country’s development. This structure gives businesses a clear understanding of how they can recruit foreign talent and allows individuals to assess their eligibility more transparently. 

As South Africa positions itself as a competitive destination for skilled talent, the new points-based system, underpinned by the clarity of this directive, sets the foundation for a more streamlined and effective immigration process.

Written by Xpatweb