IMPACT – MEDIUM

The South African government has provided a blanket extension to foreign nationals renewing visas or waivers to stay in South Africa.

Key Points:

  • Individuals who have a pending visa or waiver application have received an automatic extension of stay until at least March 31, 2023. Under a previous extension, individuals with pending visa or waiver applications were permitted to stay through Sept. 30, 2022.
  • Foreign nationals with pending long-term visa applications who are from countries that are exempt from entry visa requirements can depart South Africa and return by showing their Visa Facilitation Service Center (VFS) receipt.
  • Individuals from countries that require a visa to enter South Africa are advised not to travel as they will need to apply for a visa in their country of residence to return to South Africa.
  • Those who have expired visas and wish to leave South Africa on or before March 31, 2023, can do so without being declared undesirable upon their departure from South Africa.

BAL Analysis: The South African government has granted the automatic visa and waiver extensions to help those who have been negatively impacted by current processing delays. Foreign nationals with pending waiver or visa applications can now stay in the country legally until at least March 31, 2023.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

The South African government has withdrawn its policy requiring long-term temporary residence visa applications to be adjudicated centrally.

Key Points:

  • As of Sept. 1, South African consular posts abroad can adjudicate long-term temporary residence permits. Prior to Sept. 1, consular posts were required to send the applications to the main office in South Africa to be processed.
  • The decision to withdraw the centralization requirement was made because of increased processing times, the South African government stated.

BAL Analysis: Since South African authorities introduced the centralized adjudication requirement in January 2022, processing times have significantly increased. Visa processing times for long-term temporary residence permits in South Africa are expected to improve now the consular posts will once again be permitted to adjudicate applications.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

The South African government has added occupations to the 2022 Critical Skills List.

Key Points:

  • As of Aug. 2, those who work in 38 additional healthcare occupations are now eligible for Critical Skills work visas and, potentially, permanent residency if they have the requisite post-qualification working experience.
  • Eligible applicants with appropriate skills, qualifications and post-qualification experience falling within the parameters of one or more of the critical skills categories may apply for a Critical Skills Work Visa, subject to meeting application requirements.
  • The Critical Skills List now includes 140 occupation categories, including in a number of STEM fields such as information technology, engineering and natural sciences, among others.
  • The updated list also covers a number of categories for health-related professions, including nurses, general and specialist medical practitioners and researchers were removed.

Additional Information: The Critical Skills List reflects skill sets that are deemed critical for South Africa and its economy. The list affects which occupations companies and other institutions are eligible to recruit and hire foreign workers for without needing to conduct labor market testing.

BAL Analysis: The announcement of an updated Critical Skills List is welcome news as the Feb. 2 list did not include many healthcare occupations.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

The South African government has provided a blanket extension to foreign nationals renewing visas or waivers to stay in South Africa

Key Points:

  • Individuals who have a pending visa or waiver application have received an automatic extension of stay until at least Sept. 30. Under a previous extension, individuals with pending visa or waiver applications were permitted to stay through June 30.
  • Foreign nationals with pending long-term visa applications who are from countries that are exempt from entry visa requirements can depart South Africa and return by showing their Visa Facilitation Service Center (VFS) receipt.
  • Individuals from countries that require a visa to enter South Africa are advised not to travel as they will need to apply for a visa in their country of residence to return to South Africa.
  • Those who have expired visas and wish to leave South Africa on or before Sept. 30 can do so without being declared undesirable upon their departure from South Africa.

BAL Analysis: The South African government has granted the automatic visa and waiver extensions to help those who have been negatively impacted by current processing delays. Foreign nationals with pending waiver or visa applications can now stay in the country legally until at least Sept. 30.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

The South African government has added new requirements for the Director (Enterprise Organization) and Corporate General Manager categories on the 2022 Critical Skills list.

Key Points:

  • An employer must have the minimum number of employees required to qualify as a medium enterprise in order to sponsor foreign workers in the following categories of the 2022 Critical Skills List:
    • Director (Enterprise Organization).
    • Corporate General Manager.
  • To qualify as a medium enterprise or larger, companies must meet the requirements in this chart.

Additional Information: A company’s size as medium or larger is determined by the number of full-time paid employees in relation to its turnover in each operating industry. Companies that have more employees and a higher turnover than a medium enterprise will automatically be classified as a large enterprise.

BAL Analysis: Companies intending to sponsor foreign nationals under the Director (Enterprise Organization) and Corporate General Manager categories should ensure that they qualify as a medium enterprise.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

The South African government has published the new Critical Skills List.

Key Points:

  • Eligible applicants with appropriate skills, qualifications and post-qualification experience falling within the parameters of one or more of the critical skills categories may apply for a Critical Skills Work Visa, subject to meeting other application requirements.
  • The Critical Skills List includes 101 occupational categories, including in a number of STEM fields such as information technology, engineering and natural sciences, among others.
  • The new list also covers a number of fields for corporate professions not previously provided for; however, a number of categories for health-related professions, including nurses, general and specialist medical practitioners and researchers were removed.
  • The South African government will no longer accept applications that use the 2014 Critical Skills List.

Additional Information: The Critical Skills List reflects skill sets that are deemed critical for South Africa and its economy. The list affects which occupations companies are eligible to recruit foreign workers for without needing to conduct labor market testing.

BAL Analysis: The announcement of an updated Critical Skills List is welcome news as the current list dates back to June 2014 and it did not sufficiently provide for South Africa’s skills requirements.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The South African government has modified its country alert level and eased its COVID-19 health requirements.

Key Points:

  • As of Jan. 31, individuals who test positive for COVID-19 and have no symptoms do not have to quarantine. Individuals who test positive and have symptoms must quarantine for seven days instead of 10.
  • As of Jan. 31, foreign nationals arriving to South Africa on an international flight must:
    • Have proof of a negative COVID-19 test taken within 72 hours before the date of travel.
    • Take an antigen test upon arrival if the traveler does not have proof of a negative pre-departure COVID-19 test.
    • Self-isolate for seven days if the traveler tests positive for COVID-19 and has symptoms.

Additional Information: South African authorities have the right to verify the authenticity of test documentation. More information regarding South Africa’s COVID-19 entry and health requirements is available here.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

The South African government has announced that it will not extend the Zimbabwe Exemption Permit (ZEP) scheme beyond Dec. 31, 2021.

Key Points:

  • Zimbabwe Exemption Permits are set to expire on Dec. 31, 2021.
  • Individuals who hold a ZEP have 12 months from their expiration date to secure a different visa.
  • ZEP holders who are unable to secure a different visa after the 12-month grace period must leave South Africa or they risk being detained and deported.

Background: Next year will mark the first year since 2009 that special permits are not available to Zimbabwean nationals. The ZEP program began when the South African government granted “special dispensation” for Zimbabweans who were in the country illegally, many of them having had fled violence and instability in Zimbabwe. The South African government replaced Special Dispensation for Zimbabweans with Zimbabwean Special Permits in 2014 and again in 2017 with the introduction of the ZEP.

BAL Analysis: ZEP holders must secure a different visa by 2023 to stay in South Africa legally. BAL will continue to monitor developments regarding the visa extensions and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

The Department of Home Affairs has indicated that it will soon finalize the new Critical Skills List that is anticipated to come into effect on Oct. 1.

Key Points:

  • The Department of Home Affairs has indicated that following the final tabling of a new Critical Skills List to the National Economic Development and Labor Council (NEDLAC), a body representing government, labor and business in South Africa, the Department of Higher Education & Training has finalized the new list which was handed over the Minister of the Department of Home Affairs on Aug. 27 for final consideration and approval.
  • The new list is expected to be published in the Government Gazette by the end of September and will come into force on Oct. 1; however, the list remains subject to the approval of the Minister of Home Affairs.
  • Eligible applicants with appropriate skills, qualifications and post-qualification experience falling within the parameters of one or more of the critical skills categories may apply for a Critical Skills Work Visa, subject to meeting the application’s requirements.

Additional Information: The Critical Skills List reflects skillsets that are deemed critical for South Africa and its economy. The list affects which occupations companies are eligible to recruit foreign workers for without needing to conduct labor market testing.

BAL Analysis: The announcement of an updated Critical Skills List is welcome news as the current list dates back to June 2014. BAL will continue to monitor developments regarding the list and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

The Ministry of Home Affairs has recently extended the validity of short-term visitor visas and long-term temporary visas that will expire during South Africa’s COVID-19 lockdown.

Short-term Visitor’s Visas:

  • All short-term visas issued for up to 90-days have been automatically extended until Sept. 30, 2021, without needing to submit a visa renewal application.
  • The automatic extension only applies to foreign nationals who arrived in South Africa between Dec. 1, 2019, and March 14, 2021, and have not left the country since March 15, 2020.
    • The extension does not apply to foreign nationals who arrived after March 15, 2021, or who were issued a visa on or after March 15, 2021.
  • Foreign nationals who qualify for the automatic visa extension whose initial short-term visas have expired may leave South Africa on or before Sept. 30 without being declared undesirable due to a visa overstay.

Long-term Visas:

  • All long-term visa holders whose visas expired on or after March 15, 2020, except Intra-Company Transfer Work Visa holders whose visas have been issued for the maxim four-year duration, can apply to renew, amend or obtain a new category of visa should they qualify.
  • Foreign nationals must apply to renew or change the conditions endorsed on their existing visa or change their status to another visa category on or before Sept. 30, 2021. Otherwise, they must leave the country.
  • Visa holders who submit applications on or before Sept. 30, 2021, may remain in the country while their applications are processed but must comply with the conditions endorsed on their current visas at all times even if their visas have expired until they receive their renewed, amended or new visa.

Additional Information: Official information on the extension and eligibility requirements can be found here in the South African Gazette.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.