Immigration
South Africa | Second Amendment of the Immigration Regulations of 2014
Summary
The South African Immigration Department has published the Second Amendment to the Immigration Regulations of 2014.
The key revisions from the initial draft, and our alerts, include revised Application Forms, to give effect to the amendments, consolidation of forms and updates to the criteria for the newly-introduced Points-based system.
i. Relaxation of Police Clearance Certificate Requirements
Applicants, over the age of 18, are now only required to provide Police Clearance Certificates from all countries where they have resided for 12 months or longer in the five years immediately preceding the submission of the application for their visa or permanent residence applications (including their country of nationality) as opposed to the previous requirement to source a Police Clearance Certificate from every country resided in for a period of 12 months or longer since the age of 18.
This change was previously given effect in April 2023 through Immigration Directive No. 5 of 2023
ii. Removal of Radiological Report
Radiological reports are no longer required for temporary residence visa and permanent residence applications previously given effect in April 2023 through Immigration Directive No. 5 of 2023.
iii. Change in visa status for the Spouse, Child or Parent of South African Citizens / Permanent Residents
The spouse or child of a South African citizen or permanent resident is now allowed to change status from a Visitor’s Visa to a Relatives Visa / Study Visa / Section 11(6) Visitor’s Visa from within South Africa previously given effect through Immigration Directive No. 7 of 2019.
Furthermore the parent of a citizen or permanent resident child is allowed to change from a visa linked to their spousal relationship with a South African citizen or permanent resident, to a Relatives Visa or Section 11(6) Visitor’s Visa to fulfill their parental responsibilities towards the child, following the divorce / end of the spousal relationship.
This follows from Rayment and Others v Minister of Home Affairs and Others; Anderson and Others v Minister of Home Affairs and Others [2023] ZACC 40 whereby the Constitutional Court in South Africa deemed the previous Regulations unconstitutional and imposed the above-mentioned remedy.
iv. Relaxation of requirement for proof of Membership with Regulatory Body
Applicants may now submit a proof of membership application in lieu of an approved Membership Certificate when applying for a Critical Skills work visa. However, in such circumstances, such Critical Skills Work Visa will only be issued for a period of up to 12 months (as opposed to the maximum of 5 years).
v. Remote Work Visa Regime
The New Regulations provide for remote workers who wish to work from within the borders of South Africa for foreign companies and / or derive a foreign-sourced income.
Such applications must be submitted in terms of Section 11(2) of the Act which grants a work authorisation to a Visitor’s Visa (previously used for urgent short term work not exceeding 90 days).
The principal clarification is that foreigners must demonstrate gross earnings of minimum R1 million per annum. If the Remote Visa is issued for less than 6 months within a 36-month period, the foreign national is not required to register with the South African Revenue Service (SARS). If the visa duration exceeds 6 months within a 36-month period, they will need to register with SARS.
Further details on the prescribed requirements and processes will follow.
vi. Points-based System
The New Regulations introduces the points-based system which will regulate the work visas issued in terms of Section 19 of the Immigration Act (the impact on the respective work visa categories contained therein is yet to be determined).
The criteria includes: age, qualifications, language skills, work experience, offer of employment, salary and any other relevant factor.
Further details on the prescribed requirements and processes will follow.
Please find attached a copy of the Gazetted New Regulations for your ease of reference.
Should you have any queries, please contact your dedicated Vialto consultant, copying our Team Mailbox: za_immigration_south_africa@vialto.com
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Stephen Marlin
Partner
Natalie McLean
Senior Manager
Supriya Boodhena
Senior Manager
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