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  3. INTRODUCTION OF A POINTS BASED SYSTEM FOR WORK VISAS IN SOUTH AFRICA

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INTRODUCTION OF A POINTS BASED SYSTEM FOR WORK VISAS IN SOUTH AFRICA

01 Jun 2023

One of the key recommendations of the Report produced from a Review of South Africa’s Work Visa Regime is that a Points Based System should be introduced. The Points Based System would essentially replace all of the stand-alone work visa categories that are presently applicable.

The system provides that a minimum threshold of points must be achieved by an applicant in order for them to qualify for a work visa. The factors to be included in the allocation of points would include factors such as academic qualifications, professional specialisation, language etc. The system would thus be based on a set of objective criteria which would remove any subjective decision making from the approval process and thus make the application outcome more predictable.

As mentioned above a points-based system can integrate all of the present work visa categories into one single easy to apply scheme. The report contains the following table as an illustration of what a points-based system could entail for South Africa.

Criteria

Points Allocation

Occupation on the Critical Skills List

100

Labour Market Test Performed by Employer (i.e. DEL Certificate)

100

Qualification at NQF Level 8 or Higher

50

Certificate of Sponsorship from Trusted Employer

50

Salary above Determined Threshold (e.g. R 1 million per annum)

50

Total Points Required for Eligibility

100

 

In terms of the above table an applicant would be issued a work visa in any one of the following scenarios:

  1. The applicant’s occupation is on the Critical Skills List (presently Critical Skills Visa)
  2. The applicant is able to show that there isn’t a South African to take up the position (presently General Work Visa).
  3. The applicant is sponsored by a Trusted Employer and has a level of education at NQF8 or higher or will be paid a salary above the minimum threshold.
  4. The applicant has a level of education at NQF8 and will be paid a salary above the minimum threshold.

As illustrated above the first two resemble the existing visa categories i.e. Critical Skills Visa and General Work Visa. Scenarios 3 and 4 above however provide additional pathways for well qualified persons to work in South Africa but at the same time ensuring that they don’t compete with unemployed South Africans for jobs.

The points-based system is very useful as it allows well qualified individuals to work in South Africa for a limited period of time and not be limited to the existing visa categories. Well qualified and well-paid persons are exactly the type of people that South Africa should be encouraging to come to the country.

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