IMPACT – LOW

What is the change? The South African Qualifications Authority is no longer allowing third parties to correspond with them regarding an applicant’s application.

What does the change mean? Third parties, such as immigration advisors and attorneys, may continue to assist in preparing the SAQA application, including submitting it online or in person and picking up an approved certificate.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Critical Skills visas and General Work visas.
  • Business impact: Applicants will need to follow up directly with the SAQA.

Background: To qualify for a Critical Skills work visa, foreign nationals must prove they qualify for the role on the critical skills list and apply to SAQA for a certificate of evaluation of their qualifications. To qualify for a General Work visa, an employer must show it has taken steps to employ a South African national, and the SAQA certificate is a part of this process.

Analysis & Comments: Visa applicants may continue to use third parties to apply for a certificate from SAQA, but should plan to engage with the agency directly if they require additional information about their application.

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. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? South Africa will introduce visa exemptions for New Zealand, Qatar, Saudi Arabia and the United Arab Emirates this month.

What does the change mean? Effective Aug. 15, nationals of the four countries may travel to South Africa for short-term visits without needing to apply for a Visitor’s Visa.

  • Implementation time frame: Aug. 15.
  • Visas/permits affected: Visitor’s Visas.
  • Business impact: Limited business activities, such as attending a meeting or conference, are permitted for visa-exempt travelers.
  • Next steps: The Department of Home Affairs will designate each of the four countries as visa-exempt for a specified period of time.

Background: Last month, South Africa announced it would be expanding its visa waiver program as one of its policy priorities in the coming year. Cuba, Ghana, and Sao Tome and Principe are also expected to be visa-exempt in the coming weeks.

Analysis & Comments: The visa exemptions are consistent with South Africa’s move toward liberalizing visa regimes to encourage international visitors, business travel and foreign direct investment. Travelers planning to avail themselves of the visa exemption are reminded, however, that permissible business activities are limited in scope, and any activities considered productive work would require work authorization.

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. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? A revised Critical Skills list is now expected to be drafted in November and finalized in 2020. The list designates occupations deemed critical to the economy and for which high-skilled foreign workers may be granted Critical Skills visas.

What does the change mean? Earlier this year the government was expected to release a more restrictive Critical Skills list. The new schedule suggests that the government will be conducting further research and consultations before releasing the revised list.

  • Implementation time frame: A draft Critical Skills list is expected around November. A report by the Department of Higher Education and Training is expected around March, and the Department of Home Affairs will further refine the list thereafter.
  • Visas/permits affected: Critical Skills Visas.
  • Business impact: The list affects which occupations companies are eligible to recruit foreign workers to fill without the need for labor market testing. Businesses have been advocating for a broader list to address labor shortages, especially in the key sectors of tech and science.

Background: A revised Critical Skills list was expected to be released earlier this year. A draft version was circulated in March that excluded general managerial roles. In part because of business sector concerns that the draft version would make it more difficult to attract foreign expertise and investment, the government put that draft on hold and did not issue a final list. The current list, which contains about 211 categories, was published in June 2014.

Analysis & Comments: The deliberative process in revising the Critical Skills list is welcome news. Deloitte provided input to the government regarding the proposed list in September 2018 and continue to engage with policymakers to advocate expansion of the Critical Skills list. It is hoped that the Department of Home Affairs will take into account the concerns expressed by businesses about their labor needs and current shortages of qualified experts in key sectors.

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. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

What is the change? The Department of Home Affairs has outlined its policy priorities for the coming year in a budget speech last week.

What does the change mean? The department expects to roll out the following agenda items in the coming months:

  • E-visas. E-visas will be introduced for companies sponsoring employees with critical skills, as well as for tourist visitors. Applicants will be able to apply online and receive an emailed copy of their visas before traveling to South Africa. Testing has already begun at Lanseria Airport and is expected to conclude in October, and e-visas will be phased in incrementally thereafter.
  • Visa waivers. South Africa will extend its visa-free regime to nationals of the following seven countries: Cuba, Ghana, New Zealand, Qatar, Sao Tome and Principe, Saudi Arabia, and the United Arab Emirates. The visa waivers are expected to be implemented in November without first requiring reciprocity by the designated countries. Additionally, the department will study how to ease visas for nationals of China, India and Nigeria, but will begin this year by doubling the number of staff who process visas for Nigerian nationals and increasing by 2.5 times the staff who process visas for Chinese and Indian nationals.
  • Border Management Authority. The department will continue to pursue a 2013 plan to streamline border controls under one Border Management Authority by implementing a system of One-Stop Border Posts starting with the redevelopment of six land ports of entry and expanding to land, air and sea ports of entry.
  • Smart IDs. The department plans to accelerate the switch to Smart IDs by opening additional offices equipped to process and issue the biometric identity cards.

Analysis & Comments: The budget signals the government’s intention to continue to implement visa reforms, expand visa waivers and ease processing to attract tourism, business and investment and high-skilled foreign workers.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom. 

IMPACT – HIGH

What is the change? The Department of Home Affairs has issued a directive that restricts short-term work authorization (known as the Section 11(2) endorsement to a visitor’s visa) to 180 days per calendar year. Additionally, in-country renewals of short-term work authorization will be limited to one per year, and a “cooling off” period will be applied to prevent applicants from immediately applying for successive 11(2) endorsements from abroad.

What does the change mean? The directive significantly curtails the use of this popular form of work authorization, which allows foreign nationals to conduct short-term assignments in South Africa, often on a repeat basis.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Visitor’s visas endorsed with Section 11(2) work authorization.
  • Business impact: Companies that rely on short-term work authorization for more than 180 days per year may need to find alternative visa categories, such as the intra-company transfer work visa or critical skills work visa, and plan for longer processing times.
  • Next steps: Foreign nationals who have already obtained a 90-day Section 11(2) work authorization followed by a three-month renewal should anticipate that they will not qualify for another renewal within the same calendar year. Foreign nationals will only be granted one three-month renewal per calendar year in-country, and will be subject to a cooling off period before applying for a new Section 11(2) work authorization from outside the country.

Background: The directive was issued by the Acting Director of the DHA and appears to be aimed at curbing abuse of short-term work authorization by foreign nationals who use it to perform continuous work.

Analysis & Comments: The directive significantly restricts the use of short-term work authorization, and businesses should anticipate that they may need to apply for other types of work permits for those who previously relied on Section 11(2) endorsements. The policy was released with no notice to stakeholders, but had been put into practice previously. A new DHA Minister is expected to take office, following President Cyril Ramaphosa’s re-election, and although Ramaphosa is on a pro-business platform, it is not yet clear whether additional changes will be made to immigration policies.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.

IMPACT – MEDIUM

What is the change? A new Critical Skills List of occupations that foreign nationals are eligible to fill is scheduled to be released in April. While it is expected to be more restrictive than the current list, it is hoped that our advocacy efforts on behalf of businesses will be considered before the final list is published.

What does the change mean? Employers should plan for elimination of some roles that are available to foreign nationals, especially broader business categories such as corporate general manager and business analyst. On the other hand, job roles in the oil, gas and marine sectors are expected to be added to the list. Employers should also be aware that an unpublished draft of the list from September 2018 seems to have been circulating, and some South African embassies and consulates may already be tightening their issuance of Critical Skills visas based on it.

  • Implementation time frame: The government is expected to publish the new list in April.
  • Visas/permits affected: Critical Skills visas.
  • Business impact: Companies should anticipate that the new Critical Skills List is likely to exclude general managerial roles. Additionally, the new list is expected to name the professional bodies with which foreign candidates in different job titles must be registered in order to work in South Africa.

Background: The Critical Skills visa is available to foreign nationals with qualifications, skills and experience determined to be critical for the economy. The Department of Home Affairs publishes the Critical Skills List periodically. The current list, which contains about 211 categories, was published in June 2014. One of the benefits of the list for companies is that it does not require labor market testing.

Analysis & Comments: The South African government is seeking to attract foreign investment and expertise while also encouraging companies to hire and train South African workers. Immigration authorities are therefore looking to refine the Critical Skills List to jobs that are truly specialized and critical to the economy and in short supply among the local labor force. We provided input to the government regarding the proposed list in September 2018 and advocated expansion of the Critical Skills List. However, the proposed list has not been finalized, and we hope that the final published list takes into account our comments. If the proposed version becomes final without change, companies that have relied on Critical Skills visas for senior managerial roles should anticipate narrowing of the list and may need to find alternatives, such as the General Work Visa, which involves a lengthier process and labor market certification from the Department of Labor.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.

IMPACT – MEDIUM

What is the news? South Africa’s Department of Labour has issued draft regulations on the employment of foreign nationals under the Employment Services Act.

What does it mean? The regulations clarify the advertising and labor certification criteria for general work visas and corporate visas and specify the obligations that employers must fulfil regarding the transfer of skills from foreign workers to South African citizens.  

Key points:

  • Advertising. Employers must complete labor market testing before applying for a work visa or corporate visa and submit proof that they advertised the position for at least 30 days and within four months of the visa application date. The regulations clarify that advertising may be placed in the national print media or online.
  • Labor certification for work visas and corporate visas. The Department of Labour will refer job candidates to the employer within 10 business days of receiving an opportunity for a registered job on the DOL’s ESSA, and the employer must submit a report within 10 business days of receiving the referral. The report must include interview notes, CVs of shortlisted candidates, and reasons for not hiring South African job candidates, as well as proof that at least 60 percent of the employer’s operational workforce consists of full-time permanent South African citizens or permanent residents and proof of plans to transfer skills to South African workers.
  • Skills transfer plans. Employers must include skills transfer plans in the job duties of foreign employees in all management-level positions, including junior managers. Employers must submit a skills transfer report to the Department of Labour every year, and the department will monitor the progress of the skills transfer and issue a report annually.
  • Background: General Work Visas and Corporate Visas are generally used for foreign employees who do not qualify for the Critical Skills Visa, and include the more onerous process of obtaining labor certification from the Department of Labour.  

Analysis & Comments: The draft regulations strengthen labor market testing and skills transfer requirements to encourage companies to hire and train local employees. Although the labor certification process is not new, the regulations formalize the requirements and regulate the burden on employers for some steps in the process.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.

IMPACT – MEDIUM

What is the change? President Cyril Ramaphosa has reshuffled his cabinet, including the appointment of Siyabonga Cwele as Home Affairs Minister following the resignation of Malusi Gigaba last month.

What does the change mean? The Department of Home Affairs is already experiencing a major backlog of approximately 16,000 visa applications, and the transition to a new minister and changes in staffing could cause additional delays and unpredictability in processing.

Background: This is the first major reorganization of the cabinet since Ramaphosa took office in February. Since then, DHA has focused on reforming its visa rules to attract tourists, business visitors and foreign investors and to relax burdensome rules on foreign children traveling to and from South Africa. Cwele, the new DHA minister, previously served as Minister of Telecommunications and Postal Services and before that, Minister of State Security.

Analysis & Comments:  The change in leadership at the Department of Home Affairs comes at a time when the government is seeking to overhaul the immigration system. Upcoming changes include revisions to the Critical Skills List and expansion of visa waivers for more nationalities. Long-term plans contained in a government white paper issued last year include moving to a points-based immigration system and creation of a new border management agency. The change in ministers is unlikely to affect the overall agenda, but may cause additional processing delays.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.

IMPACT – HIGH

What is the change? South Africa’s Department of Home Affairs has published new draft immigration regulations that introduce changes to certain visa categories and relax the documentary rules for traveling minors. Additional changes are expected in March under an amended Immigration Act.

Key points:

  • Critical skills visas. The list of critical skills occupations which may be filled by foreign workers is being revised and is expected to exclude general management and IT-related professions, in an effort to narrow the list to more technical skills.
  • Traveling minors. Burdensome rules on traveling minors have been relaxed. Foreign minors who are traveling to South Africa will generally not need to present an unabridged birth certificate if the child’s passport contains details of the parental relationship. Parents or other adults traveling with South African children must present a copy of the child’s birth certificate and/or other proof of the relationship. When only one parent is traveling with a minor child, they may be asked for a letter of consent from the other parent and other evidence of the absent parent. Unaccompanied minors will still be required to carry a copy of their birth certificate and other evidence of parental permission to travel.
  • General work visas. Decisions on general work visa applications, either approving the applications or giving reasons for rejection, will now be sent to the prospective employer.
  • Corporate visas. Decisions on corporate visa applications will now be sent to the prospective corporate applicant either approving the application or giving the reasons for rejection.
  • Unmarried couples. There is more clarity around the definition of spouse and visa eligibility, i.e., dependent visas for unmarried same-sex or opposite-sex partners. The applications would still require evidence that the relationship has existed for at least two years, evidence of mutual financial support to each other and proof of the dissolution of any previous marriages. After two years from the issuance of a dependent visa, the couple must still inform the DHA if the relationship still exists.
  • Business visas and permanent residence in this category. An option has been added for chartered accountant certification. As an alternative, applicants may now obtain a factual finding report that can be signed off by either a professional accountant or business accountant.

Background: The reforms are intended to ease visa rules to attract foreign direct investment and tourism.

Analysis & Comments: South African employers should anticipate additional changes in the coming months under a new Immigration Act in March, visa waivers for additional nationalities, eased visa rules for visitors from India and China, and the release of the revised critical skills list in April.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.

IMPACT – MEDIUM

What is the change? South Africa and Kenya have implemented an agreement to provide 10-year, multiple-entry visas to business travelers from each other’s countries.

What does the change mean? The change will ease business travel for South African and Kenyan nationals. Previously, business visas issued to South African nationals traveling to Kenya (and vice versa) were capped at one year.

  • Implementation time frame: Immediate and ongoing.
  • Who is affected: South African and Kenyan nationals traveling to each other’s countries for business.
  • Impact on processing times: The extended visa validity could ease processing by eliminating a number of visa renewals.
  • Business impact: Affected business people who travel regularly between South Africa and Kenya will save time and money because they will only have to apply for visas once every 10 years.

Background: Officials in South Africa and Kenya announced the visa change last month. Travelers should note that while visa validity will be longer, South Africa and Kenya are likely to continue imposing a 30-day cap on individual visits.

Analysis & Comments: The change will facilitate business travel and reduce the inconvenience of having to apply for a visa more frequently.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.