Navigating the various work visa applications is quite tricky. Individuals and HR professionals assisting employees in applying for their work visas often face lengthy qualifying criteria and a complex application process that can be difficult to get right the first time around.  

Over the last 18 months, the South African immigration landscape has changed drastically, causing even more roadblocks and headaches for those applying for work visas. While most of these changes have been to rectify the issues within the Department of Home Affairs (DHA), it has resulted in lengthy processing times and mounting rejections for trivial reasons. 

With the current critical skills shortage and the need for companies to retain or gain specialist talent through the various work visa categories, it begs the question – how do work visa applicants and businesses best navigate the current challenging South African Immigration Landscape? 

The “New” Roadblocks  

The backlog within the DHA has persisted, reaching the monumental peak of 62,692 outstanding visa applications in 2023. While the Minister of Home Affairs, Dr Aaron Motsoaledi, has announced several mitigation measures, such as various concessions extending the validity of long-term visas and the deployment of more departmental resources, the backlog continues to persist. 

Additionally, the number of rejected applications continues to rise due to the DHA being under such undue strain. 

Marisa Jacobs, Managing Director of Xpatweb, has confirmed that she has “never seen so many rejections” in the market.  While the DHA typically rejects applications for not meeting lawful criteria, there seems to be a trend of rejections based on arbitrary and frivolous reasons. 

Xpatweb has seen several rejected visas stating that applicants had filed the application incorrectly, despite this not being the case. 

Further, Xpatweb has noted that some Embassies and their VFS offices abroad have pushed the boundaries of efficiency – only adding to an already unpredictable application process. These challenges continue to leave many businesses and applications with open work visa applications feeling frustrated and unsure of where to turn next. 

While these hindrances are not going anywhere any time soon, a well-planned work visa application roadmap can guide the way. 

Roadmaps 

When it comes to the Work visa application, regardless of whether one is applying for a Critical Skills Visa, a General Work Visa, or an Intra-Company transfer, failing to plan is planning to fail. The best way to plan is by having a strict submission strategy and a well-planned roadmap. 

A well-planned roadmap ensures first-time accurate applications, anticipating any additional requirements and avoids delays and/or rejections from the DHA. Additionally, it considers alternative strategy one may consider when things do not go according to plan. 

Alternative Routes

Due to the many hurdles currently in the way of work visa applicants, the chances of needing an alternative strategy has been raised. So much so that Xpatweb has found itself taking a legal approach to resolving any delays in the processing times of work visa applications – especially where clients no longer have the luxury of time and risk losing critical resources. 

The “Legal Escalation Method” is a three-step approach that places the DHA or an Embassy under pressure to ensure a reasonable outcome. 

Jacobs has stated that while this approach is not one the firm takes lightly, it has had a “massive positive impact.” 

A Way Forward 

Navigating the work visa application process will continue to be challenging for individuals, HR professionals and businesses. However, it has become clear that understanding the intricacies of the various work visa categories, their qualifying criteria and being fully prepared for every aspect of the application process does wonders for ensuring a positive outcome. 

Xpatweb is hosting a business-critical breakfast event with Marisa Jacobs and Phindiwe Mbhele (Acting Chief Director: Permits at the DHA) as the speakers. This event will unpack the biggest topics affecting the South African immigration landscape and is a must for HR and mobility professionals. 

Visit https://www.xpatweb.com/global-mobility-breakfast/ to register now. 

Written by Marisa Jacobs, Managing Director at Xpatweb