Immigration Update 03/04/2024
SA Immigration News
The Department of Home Affairs (DHA) published a draft second amendment of the SA Immigration Regulation 2014, which was dated 9 February 2024.
Members of the public were given until 29 March 2024, to submit written suggestions, comments, etc. relating to the proposed amendments.
Despite the closing date for written submissions being 29 March 2024, The DHA proceeded to publish the new regulations, which was dated and implemented on 28 March 2024.
The crucial amendments are as described below:
When applying for long term temporary residence visas and/or permanent residence permits, police clearances / criminal record checks are required in respect of countries where the applicant resided for longer than 12 months, immediately preceding the date of their visa / permit application.
Radiological reports are no longer required when applying for temporary residence visas and/or permanent residence permits.
A spouse or child of a SA citizen or permanent resident, or the parent of a SA citizen or permanent resident child, may apply for a change of status / condition, from a visitors visa, to any other visa category, from within SA.
If a foreign national is employed by a foreign employer on a remote basis and provided that they earn a minimum annual salary equivalent to R1 million, they may apply for a visitors visa in terms of Section 11(2) of the SA Immigration Act, for the purpose of working remotely in SA. If the visa is issued for longer than 6 months (within a 12 months period), the applicant must register with the SA Revenue Services.
A foreign national who qualifies to apply for a critical skills work visa, must provide proof of registration with a SAQA accredited board/body/council in SA, if such registration is required by law, provided that in the event of submitting proof that one has applied for such registration, the critical skills work visa may be issued for an initial duration not exceeding 12 months.
All work visa applications must be adjudicated in accordance with a point-based system, as determined by the Minister of the DHA. Although not limited to, the points base system, will consider, age, educational qualification, language skills, work experience, offer of employment, the ability to adapt within SA, etc.
The points base document has not yet been issued, which already proposes a new challenge.
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