On April 9, 2024, the Minister of Home Affairs, Dr. Aaron Motsoaledi addressed the media in a comprehensive press conference unpacking the withdrawal of the recently gazetted Immigration Regulation Amendments on 28 March 2024. 

The Department of Home Affairs (“DHA”) faced backlash after publishing the aforementioned regulations a day prior to the closing date for comments. The Minister in his press conference has acknowledged that he was misadvised on publishing the new regulations early and that his office is rectifying this mistake. 

While the proposed amendments to the Regulations signify positive updates to Immigration law, the emphasis of due process when introducing new legislation cannot be ignored. The Minister acknowledged that the DHA needed to head to the call from National Economic Development and Labour Council (“NEDLAC”) and it is imperative for public comments to be heard and duly considered. 

The Minister confirmed DHA are in the process of reconsidering and finalising the regulations and will have the revised version gazetted by next week.  He further outlined several significant updates and initiatives within the Department of Home Affairs. 

Marisa Jacobs, the Managing Director at Xpatweb and Business Representative on the NEDLAC immigration and migration task team gives a brief overview of the key points discussed in by the Minister:

Introduction of the Remote Work Visa

A notable addition is the Remote Work Visa, designed for individuals wishing to reside in South Africa while working for foreign employers. This visa targets high-earning individuals and aims to stimulate the South African economy. 

Point-Based System for General Work Visa

The DHA is looking at the implementation of a point-based system for General Work Visas. The Points Based system seeks to eliminate the requirement of obtaining a letter from the Department of Labour. This streamlined approach evaluates criteria such as age and qualifications to determine visa eligibility on an objective points-based scale.

Critical Skills List

Organizations can now expedite the gazetting process for critical skills deemed essential. This removes the previous four-year waiting period, facilitating swift approval for in-demand skills.

Trusted Employer Scheme

The newly implemented Temporary Employer Scheme (TES) has seen great success while the Minister warned approved Employers will face stringent compliance measures, with random checks conducted by the DHA. Non-compliance will result in expulsion from the TES program. It was further stated that there has been a significant increase in interest in TES since it’s implementation on 1 March and thus the DHA is inviting a second round of submissions from qualifying companies to join TES in May 2024. 

Management of the Backlog by the DHA

The Minister reported that almost 90% of the total backlog faced by the DHA is in respect of Relative, Dependent and Spousal visas, attributing the delays to difficulties in verifying marriages.  Efforts are underway to address this backlog, with a dedicated team assigned to expedite applications.

The DHA plans to provide detailed statistics on visa approvals versus rejections to indicate the current processing times of the various visa categories. The Minister further touched on the current directive which allows any individual who has applied for an extension of their visa and has received a VFS receipt status in South Africa while awaiting the outcome of the application.

Review of the White Paper

The DHA is currently reviewing laws outlined in the White Paper, with a focus on repealing certain sections. Changes being considered adhere strictly to regulatory frameworks, ensuring compliance and legality.

The implementation of the new Start-up Visa

The introduction of a Start-up Visa offers opportunities for individuals wishing to open or invest in small and medium business in South Africa. This will afford these individuals access to the corporate account unit within the DHA.

Take Away

Where you need an urgent work or residency visa, the process has not changed much for the past two years – you need to apply as early as possible and be ready for legal escalation where DHA do not do their job. 

We are cautiously optimistic, as we are seeing quicker turnaround on some matters. Yet, we were also today in court against DHA, so there remain two sides to the coin. A correctly issued work and residency permit is one of the most stressful events where it goes wrong, as it impacts every aspect of one’s life.

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