Significant Changes To The South African Immigration Regulations

South Africa has introduced significant changes to its immigration regulations, making the requirements clearer for the remote work visa. Whether you’re looking to work remotely, apply for a work visa, or join your family, these updates are designed to simplify the process and open new opportunities.

Here’s a simplified overview of the key updates:

Regulation 11: Work for Foreign Employers on a Remote Basis
Previous Regulation:

  • No regulation about a foreign employer on a remote basis.

Updated Regulation:

Work for a foreign employer on a remote basis, provided that:

  • The foreigner earns no less than R1,000,000.00 per annum.
  • If the visa is for up to 6 months within a 12-month period, no need to register with the South African Revenue Service (SARS).
  • If the visa is for more than 6 months within a 12-month period, the foreigner must register with SARS.

Regulation 18: Points-Based System for Work Visas
Previous Regulation:

  • No points-based system.

Updated Regulation:

  • Work visa applications must use a points-based system as determined by the Minister.

The points-based system may consider:

  •  Age
  •  Qualifications
  •  Language skills
  •  Work experience
  •  Job offer
  •  Ability to adapt within South Africa
  •  Salary
  •  Any other relevant factor

Regulation 9: Exceptional Circumstances for Visitor’s Visa
Previous Regulation:

Exceptional circumstances include:

  • Emergency life-saving medical treatment for over three months.
  • Accompanying spouse or child of a business or work visa holder applying for study or work visa.

Updated Regulation:

Additional exceptional circumstances include:

  • Spouse or child of a South African citizen or permanent resident.
  • Parent of a citizen or permanent resident child.

Police Clearance Certificate Requirements
Previous Definition:

  • Certificate issued by police/security authority in countries where the applicant lived for 12 months or longer after turning 18, not older than six months, not required for visa renewal from a foreign country.

Updated Definition:

  • Certificate issued for countries where the applicant lived for 12 months or longer in the five years before the application, not older than six months.
  • For visa renewals or extensions, such a certificate must be issued by the police/security authority of South Africa.

Regulation 20: Registration with Professional Bodies
Previous Requirement:

  • Certificate of registration with a professional body recognised by the South African Qualifications Authority (SAQA).

Updated Requirement:

  • Proof of registration with a professional body recognised by SAQA.
  • If registration is required by law, provide:
  • Proof of application for a certificate of registration (corporate visa may be issued for up to 12 months).
  • Proof of a certificate of registration (corporate visa issued as per sub regulation (8)(a)).

Second Amendment of Immigration Regulations

  • Introduction of the Digital Nomad Visa.
  • Formalisation of rules for visitor visas for spouses, parents, and children of South African nationals or permanent residents.
  • Modifications to guidance on certificates of registration.
  • Formalisation of police clearance documentation requirements.
  • Introduction of a points-based system for assessing work visas.

These exciting updates aim to streamline the immigration process, ensuring compliance with local laws and accommodating the evolving nature of work and family dynamics. 

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