In 2016 the Department of Home Affairs issued a Directive that granted certain waivers to foreign graduates who studied at South African tertiary institutions towards degrees in areas of critical skills in respect of permanent residence applications that they intended to submit in terms of Section 27(b) of the Immigration Act. Section 27 (b) of the Immigration Act makes provision for persons that have critical skills to submit applications for permanent residence in South Africa.

The Directive stated that certain requirements which would normally be applicable in the case of an application for permanent residence in terms of Section 27(b) would not have to be submitted in the event that the applicant had studied at a South African tertiary institution in an area of critical skills. The waivers had the following effect:

• The applicant would not have to submit a certificate from the professional body, council or board recognised by SAQA or the relevant department confirming the skills or qualifications of the applicant.
• The applicant would not have to show that they had post-qualification experience of at least 5 years.
• The applicant would not have to submit testimonials from previous employers and a comprehensive curriculum vitae.

The above waivers made it considerably easier for foreign graduates from South African tertiary institutions to apply for South African permanent residency. Unfortunately, at the end of January 2022 the Department of Home Affairs issued a Directive withdrawing the abovementioned Directive, and all of the above requirements that were previously waived will now have to been complied with.