South Africa’s Department of Home Affairs determined the new points-based system applicable to general and critical skills work visas.

Key Points:

  • Officials published the regulations for points-based criteria such as qualifications, language skills, work experience and salary to determine visa eligibility for foreign nationals.
  • Applicants applying for a critical skills work visa must score at least 100 points by having an occupation listed on the critical skills list and provided all other prescribed requirements are met (for example, police clearance, medical report, etc.).
  • An applicant will be issued a general work visa if the 100-point threshold is reached through a combination of points other than through an occupation contained on the critical skills list.
  • The new points-based system criteria are outlined below:
  Criteria Points (%) Criteria Points (%)
Occupation Occupation on the Critical Skills List 100
Qualifications South African National Qualifications Framework (NQF) levels 9 and 10 50 South African NQF levels 7 and 8 30
Offer of Employment (Mandatory) Above R976,194 (about US$55,260) gross per annum 50 Between R650,976 and R976,194 gross per annum 20
Work Experience 5-10 years 20 10+ years 30
Employment Status Offer from Trusted Employer 30
Language Skills Proficient in at least one official language 10

Background: Government officials published the regulations on the new points-based system as part of the amendments to South Africa’s immigration law, specifically sections 19(2) and (4) of the Immigration Act, 2002 (Act No. 13 of 2002) and regulation 18(12) and (13) of the Immigration Regulations, 2014.

BAL Analysis: Critical skills and general work visa applications must qualify under a new points-based system. BAL will continue to monitor developments and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group.

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