The Department of Home Affairs (DHA) in South Africa released new immigration regulations on March 28, 2024. These regulations introduce several significant changes affecting various aspects of immigration –
Digital Nomad Visa
A digital nomad visa has been implemented. Applicants must earn a minimum of R1 million annually from employment overseas and intend to perform work remotely from within South Africa in order to qualify for this visa. Applicants who apply for a visa for 6 months or less are not required to register with SARS, but those who seek for a visa for more than 6 months on a 12-month period must do so.
Work Visas
A point-based work visa system has been introduced. Applicants will be awarded points based on age, qualifications, language skills, work experience, offer of employment and the ability to adapt within the Republic. The Minister is to determine the number of points awarded and how many are needed from time to time, however, no further information or gazette as yet been released on this as of today’s date.
When applying for a critical skills work visa, applicants can now apply with proof that they have applied for registration with a professional body but will only be issued a visa for 12 months. If applicants apply with proof that they have already registered, they will be issued a visa for the full 5 year period.
Police Clearance Certificates
When applying for visas that exceed 6 months, a police clearance certificate will be needed from the police or security authority in each country where an applicant, after the age of attaining the age of 18 years, resided for 12 months or longer during only the five years immediately preceding the date of application. Whereas, in the past it was needed for all counties lived in for more than 12 months since the applicant’s 18 birthday.
Radiological Reports
Radiological reports will no longer be needed when applying for any type of application.
Applications for Change of Conditions
The spouse or child of a South African citizen or permanent resident holder can apply to change the conditions of their visas in the Republic. Essentially this allows spouses and children to change from a visitor’s visa to any other type of visa from within South Africa.
The parents of children who are South African citizens or permanent residence holders can apply to change the conditions of their visas within the republic.
Although above changes are positive and exciting the gazette leaves many questions unanswered.
Furthermore, the Department of Home Affairs extended an opportunity for public feedback regarding the aforementioned proposed changes, setting the deadline at March 29, 2024. As was the case on February 8, the draft was scheduled to be published in accordance with tradition, allowing for public comment and inquiries. Following this, the DHA would review these comments, consider them, and subsequently issue a finalised and revised regulation document. However, the government has now released the final regulations a day prior to the expiry of the public comment period, which is not the procedural norm and indicates that the public's input was not considered.
The government's decision to produce a duplicate gazette after offering the public an opportunity to respond is rather discouraging.
If you require assistance in navigating the new regulations, please not hesitate to contact Bruss and Co. Immigration for a consultation. +27713031375, olwen@brussandco.co.za
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