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New Directive for Corporate Skills Visa Holders in South Africa

New Directive for Corporate Skills Visa Holders in South Africa

Jul 04,2015

The Department of Home Affairs (DHA) of South Africa has issued a directive (no 36) of 2014 which has been a relatively unknown immigration point till now. The directive states that foreign employees working on corporate visas are not eligible to renew their visas after their expiry date. However, these employees are now allowed to apply for the Critical Skills Work Visa by staying in South Africa and without leaving the country. As such, these employees are expected to comply with all the requirements as required for the Critical Skills Visa.

South Africa has taken a major decision to allow skilled professionals from abroad, as non availability of few skills have been hindering the growth and development of the economy. The Department of Home Affairs (DHA) is supposed to contribute to the growth and development of the economy by following friendly immigration policies for critically skilled migrants possessing a skill that is listed under the Critical Skills List. The DHA has published this list on June 03, 2014.


According to Regulation 20(11), a corporate professional is not supposed to renew their corporate worker certificate or is allowed to change the status of the Republic. Corporate professionals possessing corporate visas and wishing to apply for the critical skills work visa can do so now (within the republic), provided they are in the job of the corporate visa holder. According to the Immigration Act, No. 13 of 2002 and its Regulations, applicants are still expected to meet all the necessary requirements.


The rules and regulations of the ‘The provision of Regulation 20(11)’ are still effective for all the Corporate Visa holders. Corporate professionals who don’t fall under the purview of Critical Skills List are not entitled to change their status within the Republic except in those cases where a waiver has already been granted. This directive has to be brought to the notice of all Permitting and Immigration officials.


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