Most Read Contributor in South Africa, September 2016
According to South Africa's new Immigration Regulations, the
quota work permit category has been replaced by the
critical skills work visa. Existing quota work permit
holders expecting to renew their permits will no longer be able to
do so. There is also no guarantee that you will qualify for the
critical skills permit and renewal will depend on whether your
skills, qualifications and experience fall within the new
categories identified in the critical skills list which was
published in the Government Gazette of 3 June 2014.
What if you are currently on a temporary quota work
Your permit has an expiry date on the stamp in your passport.
You will not be able to renew your quota work permit so will have
to look at other work visa options. You are still entitled to rely
on your permit, and must abide by the terms thereof until it
Current holders of quota work permits are required to
submit annual reports to the Department
of Home Affairs confirming their continued employment in the
designated position. To comply with their quota reporting
obligations, Quota Permit holders are advised to submit
clear and readable copies of the
following documents to firstname.lastname@example.org:
valid contract of employment
certified proof of registration with relevant professional
body/board/council (if required)
certified proof of SAQA evaluation certificate of
certified copies of pages in passport reflecting personal
details and quota work permit obtained
On receipt of the above, the Department of Home Affairs will
issue a compliance letter confirming whether the
client continues to comply with the conditions of the work visa
issued to them. The compliance letter will be signed and scanned
back to the applicant via email.
What if you have an application pending?
Applications must be adjudicated in terms of the law as it stood
at the date of submission of your application,.
What if you have an application pending that is rejected?
If you are unsuccessful with your pending visa application, you
may appeal the negative outcome, or alternatively you will have to
consider another work visa option. If your existing permit has
expired, you will not be permitted to lodge a further work permit
application in South Africa.
Critical skills work visa
This will replace the permit and will be an option for many
current holders of quota work permits.
In terms of the critical skills work visa:
no job offer is required to apply
it allows the holder to enter and stay in South Africa for 12
months to secure a position
it is based on a identified skills shortage areas in South
Africa, thus helping foreign employees and employers in the
there are no restrictions in terms of the numbers in each
no Department of Labour recommendation is required, so
turnaround times should be faster
A certificate of evaluation of foreign qualifications is
required from the South African Qualifications Authority;
it requires registration with the professional body specific to
Written confirmation of skills, qualifications and
post-qualification experience from the accredited professional
body, council or board recognized by SAQA, or any relevant
government department is required;
it can provide the pathway to permanent residency, as well an
immediate 5 year working visa
What if you don't feature on the critical skills list?
You will have to consider other work visa options / visa
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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