The Immigration Act, 13 of 2002 (the “Immigration Act”) was amended by the Immigration Amendment Act, 13 of 2011. The Amendment Act was however only promulgated on 22 May 2014, by proclamation in the Government Gazette. The revised Immigration Regulations (the “Regulations”) also came into effect on 26 May 2014.
In terms of the Regulations, the quota and exceptional skills permit categories have been removed and a new critical skills work visa category has been introduced to facilitate application for foreigners who meet the minimum qualifications and experience listed on the critical skills list intended to identify skills shortage areas under the Regulations.
An application for a Critical Skills Work Visa has to be accompanied by proof that the applicant falls within the critical skills category in the form of:
(a) A confirmation, in writing, from the professional body, council or board recognised by the South African Qualifications Association (SAQA), in terms of Section 13(1)(i) of the National Qualifications Framework Act, or any relevant government department confirming the skills or qualifications of the applicant and appropriate post qualification experience.
(b) If required by law, proof of application for a certificate of registration with the professional body, council or board recognised by SAQA in terms of Section 13(1)(i) of the National Qualifications Framework Act.
(c) Proof of evaluation of the foreign qualification by SAQA and translated by a sworn translator into one of the official languages of the Republic.
A person who qualifies for a critical skills work visa may also apply for permanent residence.
DO YOU QUALIFY?