A Detailed Analysis of South Africa’s New Points-Based System

Introduction

As the world moves towards modernising immigration systems, South Africa has made significant strides by implementing a new points-based system for the General Work and Critical Skills Visas. Published in early October 2024, this system introduces a more transparent and structured way for foreign professionals to assess their eligibility. As I explained in my earlier blog post on the points-based system, this development represents a positive step for both businesses and prospective employees, making the immigration process more predictable and fair.

This new system, however, raises several questions that require clarification. In this article, I will delve deeper into the workings of the points-based scorecard and explore the remaining uncertainties, specifically around language proficiency and the role of SAQA certifications.

The Points-Based System: How Does it Work?

The points-based system for the General Work Visa and Critical Skills Visa operates on a scorecard, where applicants accumulate points based on key factors like qualifications, salary, and work experience. Securing 100 points or more qualifies you for your visa. For many, the route to a successful application will be through one of two main pathways.

NQF Level 9 or 10

Meeting various scorecard criteria will place you firmly in the 100-point category, making you eligible for the visa. This corresponds to having a master’s degree (NQF 9) or a PhD (NQF 10), combined with a minimum annual salary of R651,000 and five years of relevant work experience. English proficiency is also a basic requirement.

NQF Level 7 or 8

Applicants with a bachelor’s degree (NQF 7) or an honours degree (NQF 8) need to earn R977,000 or more annually, and again, should have five to ten years of work experience. These individuals can also meet the 100-point threshold, assuming English proficiency.

In essence, this system prioritises highly skilled individuals with strong academic backgrounds and solid work experience. Applicants with an NQF 6 – such as those with only a diploma – will find it difficult to qualify, even if they have high salaries and many years of experience, unless they are employed by a company participating in the Trusted Employer Scheme.

A New Landscape for General Work Visa Applicants

For general work applicants, this system offers a new, streamlined process. However, as with any new regulation, there are details that need further clarification.

One of my concerns is around language proficiency. The scorecard requires applicants to be proficient in at least one of South Africa’s official languages, but it remains unclear how this proficiency will be assessed. The absence of a formal language test raises questions about how applicants can demonstrate their language skills. Is a CV written in English sufficient? Will this be assessed during the visa interview? The current ambiguity leaves room for discretionary decision-making, which could lead to inconsistencies in the application process.

Another critical area needing clarification is the role of the South African Qualifications Authority in evaluating foreign qualifications. The scorecard places significant weight on the applicant’s NQF level, but what happens when a SAQA evaluation is pending?

The SAQA Waiver: A Step Forward, but With Questions

One of the key features of the new system is the introduction of a waiver for General Work Visa applicants who are still waiting for their SAQA certificates. If an applicant can prove that they have applied for a SAQA evaluation, they can be granted a one-year work visa while the certification is being processed. Once the SAQA evaluation is completed, they can apply to extend their visa for an additional four years.

While this sounds straightforward, there are still practical concerns. For instance, how will immigration officers determine whether an applicant meets the scorecard’s requirements without a confirmed NQF level? Will they accept foreign degrees as a provisional qualification?

Moreover, the logistics of extending a visa after the SAQA certificate is issued remain unclear. Will applicants need to submit a fresh application through VFS, or will the extension be processed electronically? These are important procedural questions that will need to be addressed by the Department of Home Affairs.

Critical Skills Visa: A More Seamless Process

The new points-based system also applies to the Critical Skills Visa, and in this case, the process is more straightforward. Since Critical Skills applicants already qualify for 100 points by virtue of their inclusion on the Critical Skills List, the primary hurdle is securing SAQA confirmation of their qualifications. For these applicants, the introduction of the one-year visa while awaiting SAQA certification is a logical and welcome development. It allows them to enter South Africa and begin working while the administrative processes are completed.

The Elimination of the Department of Labour Certificate

A major improvement brought by the new points-based system is the elimination of the Department of Labour Certificate for General Work Visa applicants. Previously, obtaining a Department of Labour Certificate was a time-consuming and cumbersome process, often delaying visa approvals. The new system has officially waived this requirement, allowing for a more efficient application process. This is a significant step forward in reducing bureaucratic red tape, and it is expected to be a relief for both employers and applicants.

Final Thoughts and Future Clarifications

Overall, I am optimistic about the new points-based system. It simplifies the visa process, introduces clear eligibility criteria, and removes several barriers that have long frustrated applicants. However, the system is not without its challenges. The lack of clarity around language proficiency and the SAQA waiver process will need to be addressed by the Department of Home Affairs in the coming months.

I encourage applicants and businesses alike to stay informed about the ongoing changes and to consult with experienced immigration practitioners to navigate this evolving landscape successfully.

For more details on the points-based system, please refer to my previous article and keep an eye out for future updates from the Department of Home Affairs. need to stay informed about the criteria and ensure they are well-prepared to meet the points requirements.