South Africa Archives

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.

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.

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.

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.

What is the change? The Department of Home Affairs recently announced that it would further extend the validity of visas that expired during the country’s COVID-19 lockdown.

What does the change mean? Short-term visas (those valid for 90 days or less) will be extended to June 30, 2021. Long-term visas under specific categories will be extended to July 31, 2021. Holders of such visas can remain in South Africa under the current conditions of their visas until the new expiration date.

Implementation time frame: Immediate and ongoing.
Visas/permits affected: Short- and long-term visas that expired during the COVID-19 lockdown.
Who is affected: Foreign nationals in South Africa with visas that expired during the lockdown.
Next steps: Holders of short-term visas will need to leave South Africa on or before June 30. Holders of long-term visas that expired during the lockdown must apply to renew their visas on this website before July 31.

Additional Information: The South African government had previously extended visas that expired during the COVID-19 lockdown to March 31, 2021. Visas that were covered by this extension are now valid until June 30 for short-term visas and July 31 for long-term visas under specified categories. The visa extension does not apply to visa holders who entered the country on or after March 15, 2021. The normal visa period will apply to these individuals.

Analysis & Comments: The extension will provide foreign nationals with additional time to renew their visas or leave South Africa. Long-term visa holders authorized to continue their activities in South Africa under their current visa conditions until the July 31 deadline for long-term visas.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States, which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche To.hmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

What is the change? South Africa released a draft of a new critical skills list on Thursday.

What does the change mean? The list designates occupations deemed critical to the economy and for which high-skilled foreign workers may be granted Critical Skills Visas. Employers and other stakeholders have until March 31 to offer their comments on the draft lists.

Implementation time frame: Between now and March 31.
Visas/permits affected: Critical Skills Visas.
Who is affected: Employers and other stakeholders.
Business impact: The critical skills list affects which occupations companies are eligible to recruit foreign workers to fill without the need for labor market testing. Businesses have long advocated for a broader list to address labor shortages.
Next steps: Responses to the list can be submitted by email, telephone, in person or by post.

Additional Information: The critical skills list has not been updated since 2014. The draft of the new list is more expansive than the 2014 list and includes more than 125 jobs across a number of economic sectors, including information technology, financial services, healthcare, construction, higher education and the arts. The draft list also includes details on recommended minimum NQF levels for different professions and, in some cases, lists the applicable professional licensing body.

Analysis & Comments: While details are not yet available on when the finalized list will come into effect or how changes will affect current Critical Skills Visa holders, in our view the draft list vast improvement compared to the current list. Employers or other stakeholders interested in providing feedback on the draft list are encouraged to work closely with Deloitte in drafting a response. Deloitte will continue following the development of a new critical skills list closely, and will provide updates as information becomes available.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

South Africa’s government has announced changes to COVID-19 travel procedures.

Key Points:

South Africa has opened its land borders, though some restrictions remain in place. The borders had closed in January to mitigate the spread of COVID-19.
Daily commuters entering and exiting South Africa must follow COVID-19 protocols such as wearing masks, social distancing, COVID-19 screening and quarantine.
Under recently established rules, international flights are only permitted at OR Tambo International Airport (Johannesburg), King Shaka International Airport (Durban) and Cape Town International Airport. All travelers arriving at these airports must present a valid negative COVID-19 test result.
Travelers who do not have test results must have an antigen test when they arrive in South Africa and must pay for it themselves. Those with positive results must enter a 10-day isolation period and pay for their lodging and other necessities.

Analysis & Comments: The reopening of land borders will allow more travelers to enter and exit South Africa. However, many COVID-19 restrictions and protocols remain in place and travelers should familiarize themselves with the current rules before traveling. The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

South Africa’s government has closed all of South Africa’s land borders to mitigate the spread of COVID-19.

Key Points:

Twenty land border entry points will continue to be closed until Feb. 15, with some exceptions.
During the closure, entering and exiting South Africa through entry points will only be allowed, provided entry COVID protocols are met for:
- South African nationals, permanent residents, or other valid visa holders returning to South Africa.
- Foreign nationals departing South Africa.
- Diplomats who must travel.
- People who must have emergency medical care for life-threatening conditions.
- People from neighboring countries who must travel to South Africa to attend educational classes.
- Transporting cargo, goods and fuel.

Daily commuters from neighboring countries who attend school in South Africa.

South Africa is currently on Alert Level 3. This status remains fluid and could move to another alert level dependent on the rate of infections.

Certain foreign nationals in South Africa had their visas expire because of the COVID-19 lockdown. In order to provide relief to them, the government had automatically extended these visas until Jan. 31, provided there is no change to their status and now has re-extended them until March 31.

Background: South Africa’s government lifted COVID-19 entry restrictions for travelers from all countries in November, but officials said a recent COVID-19 surge and border congestion have made it necessary to restrict land border travel.

Analysis & Comments: The closing of land border points will restrict the movement of people into South Africa, though some exceptions are available. Employers may wish to consult with Deloitte to discuss their plans if they intend to have employees enter South Africa. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.