The Department of Home Affairs (DHA) on 28 March 2024 Gazetted a set of Immigration Regulations which allowed foreigners to come work and stay in South Africa on a Remote Work Visa.  Following a press briefing by Minister Aaron Motsoaledi of the Department of Home Affairs on 9 April, these regulations have been subsequently withdrawn. However, according to the Minister, the DHA is in the process of finalising the regulations and will gazette a revised version by next week after taking into consideration comments received. 

South Africa has now enabled the same remote working incentive as roughly 50 other countries, including Australia, Brazil, Cayman Islands, Dubai, Germany, Portugal, Namibia and Mauritius, to mention some popular destinations. 

The success of the remote worker visa speaks to attracting high earners to contribute to the South African economy and without taking local jobs.

Qualifying Criteria to get a Remote Work Visa

This visa type is issued to an individual and not the foreign employer. However, the individual must be employed by a foreign entity, which means the employer cannot be a South African company. 

The following criteria is noted in the Regulations – 

a)      That the applicant will be conducting work for a foreign employer on a remote basis; 

b)     That such remote worker earns no less than R1,000,000.00 per annum;

c)      Where the visa is issued for a period not exceeding 6 months within a 12-month period, the foreigner will not be required to register with the South African Revenue Services (SARS); and

d)     Where the visa is issued for a period longer than 6 months within a 12-month period, the foreigner must register with SARS.

The Benefits of a Remote Work Visa

Remote working is an international phenomenon and South Africa is now added as a very attractive destination to consider. There are very few professional industries which does not allow some degree of remote working possible, and this is more enabled with technological development. 

For example, Cape Town and the Garden Route does not just become a great place for a holiday; but if you like it and your employer allows, you can get a work visa to legally reside and work in South Africa. This visa also allows you to open a bank account, get a mortgage, enter into lease agreements, better buy property and enjoy the country which is often described as offering the best quality of life where you have a bit of money.

The Remote Work Visa was not introduced as a replacement for the long-term visitor’s visa which are offered to individuals but instead has been implemented as a way to provide individuals with the opportunity to work for an employer outside of the Republic of South Africa while still enjoying the beauty of living within the Republic. 

The Home Affairs Process

The backlog of Home Affairs on processing visas is well publicized. Also, Home Affairs do not have a great track record of being fast with new implementations. However, with the recent Trusted Employer Scheme the Department of Home Affairs has shown how their A-Team can deliver a world-class solution in record time. We hope that lessons learned will also be applied to the new South Africa Remote Worker Visa. Nevertheless, applicants will be well advised to follow a very strict legal protocol when applying and an in-depth understanding of how Home Affairs adjudicates will remain the most aspect in searching for the correct professional assistance.

The Department of Home Affairs has reached significant milestones, especially with the recently launched Trusted Employer Scheme. The new Remote Work Visa is a further victory for the modernisation of the immigration system in South Africa. 

Written by Marisa Jacobs, Managing Director at Xpatweb & NEDLAC Business Representative for Immigration