SA is at a pivotal moment after home affairs minister Leon Schreiber’s announcement of significant visa reforms and the publication of new regulations and waiver letters this week.
The revision of the “remote working” visa and the introduction of a points-based system (PBS) mark a transformative shift in foreign talent acquisition. The success of these reforms will depend on their ability to meet job market demands while ensuring inclusivity for all applicants.
As noted in Business Day’s front page article, these changes aim to streamline immigration and attract skilled professionals to strengthen the economy.
Reflecting on Dr Schreiber’s budget speech in July, shortly after his appointment, I recall the EFF heckling him as “the minister of romance”. I understand this reference stemmed from his views on foreign spouses of South Africans, but I believe a more fitting title would be “the minister of solutions” or “minister of efficiency”.
In a remarkably short time he has accomplished more than many of his predecessors, even after inheriting a challenging situation from his predecessor. We commend him for his efforts and believe he is doing a great job, though there are areas for improvement.
While we appreciate the introduction of the PBS, it lacks the comprehensiveness found in other countries. Many nations consider a broader range of criteria, such as family connections, age, qualifications, marital status and dependents. The restrictive nature of our regulations, requiring either an NQF level 7 to 9 qualification or a salary between R650,796 and R976,194, limits opportunities for many skilled professionals.
Essentially, this system undervalues essential skills by focusing predominantly on advanced degrees and high salaries. For instance, social workers, who typically earn less than R1m and often do not need a master’s degree, are crucial to our society and would benefit from greater access to the immigration system. Teachers and other public sector roles face similar challenges; they are vital to SA’s future yet are often overlooked in the PBS framework.
To enhance our PBS we should consider more inclusive criteria that recognise diverse skills and contributions, similar to approaches taken in other countries. Expanding the criteria to include vital professions such as healthcare and education could significantly benefit our workforce and address pressing societal needs.
Qualifications over experience
Moreover, a critical issue remains unresolved. The Immigration Act allows the director-general to issue work visas based on skills or qualifications, yet the current critical skills list and PBS exclude individuals without qualifications but years of experience. This oversight is not only unlawful but also detrimental to our economy.
For instance, we have a client with more than 20 years of experience as an MD at British alcoholic beverage company Diageo, a global leader in premium drinks, and KWV (SA’s leading wine and spirits producer), who has successfully held critical skills work visas since about 2015. But now, due to the current critical skills list (and PBS regulations) he is unable to renew his visa.
Losing an individual with such extensive managerial experience undermines the intent of the Act, which clearly allows for someone of his calibre to be issued a critical skills work visa.
Furthermore, a recent waiver passed by the minister suggests the recommendation from the department of employment & labour could be waived for general work visa applications processed under the PBS. However, the newly published Regulation 12 states that all general work visas must be processed according to the PBS criteria. This creates a paradox: individuals who do not meet the PBS requirements will be unable to apply for general work visas.
ZEP questions
A particular concern arises for holders of the Zimbabwean Exemption Permit (ZEP), particularly since the minister has waived the labour recommendation for them. However, many ZEP holders are unlikely to meet the PBS criteria. This inconsistency raises questions about the practicality of the new regulations and the support they offer to those most in need.
We know the minister did not intend to undermine ZEP holders, a sentiment that aligns with his character as we’ve come to understand it. Yet the ambiguous wording in the regulations leaves much to interpretation and requires clarification. While the minister’s intentions are commendable, the current framework is causing confusion and needs to be revisited to ensure a more equitable and accessible immigration system.
Lastly, the recent amendment to the “remote working” visa, which lowers the income threshold to R650,976 per annum, marks a significant positive development under the new regulations. While this aligns with our previous suggestions, further reductions or even the elimination of the salary threshold could have made it even more beneficial.
By concentrating on additional criteria that clarify applicants’ qualifications and intended contributions, SA could draw a broader spectrum of skilled individuals to boost its economy. We appreciate the minister’s swift action in implementing these important changes.
The recent advancements in SA’s immigration policy under Dr Schreiber have sparked renewed optimism among foreigners, stakeholders and communities alike. By effectively tackling existing challenges and harmonising policies with legal frameworks, the department is paving the way for a more efficient, transparent and appealing immigration system.
Embracing a diverse array of skilled professionals, regardless of formal education, will unleash the full potential of our workforce and solidify SA’s status as a premier destination for global talent. Dr Schreiber’s leadership has truly inspired hope for a brighter future.
• De Saude Darbandi is with De Saude Darbandi Immigration Attorneys.
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