Director-general’s Immigration Directive No.1 Of 2022: Implementation of the Critical Skills List

In providing for the regulation of admission and departure of foreigners to and from the Republic, The Immigration Act,13 of 2002 directs the Department of Home Affairs to contribute to an environment in which economic growth is promoted through the employment of needed foreign labour, facilitating foreign investment and enabling the entry of exceptionally skilled or qualified people.

I, Livhuwani Tommy Makhode, Director-General of the of Home Affairs hereby, with the powers bestowed upon me in terms of section 19(4) of the Immigration Act 13 of 2002 make the following transitional arrangements with regards to the new Critical Skills List:

TRANSITIONAL ARRANGEMENTS

Any critical skills work visa issued in terms of the current 2014 List for a determined period shall continue to be in force and effect in accordance with the terms and conditions under which it was issued, but may only be renewed upon expiry in terms of the 2022 List, provided that:

  1. The applicant meets the prescribed requirements of the 2022 List;
  2. Applications already submitted to Department of Home Affairs prior to 2 February 2022 shall be processed in terms of the 2014 List, including any Appeals arising thereto;
  3. No new applications in terms of the 2014 List shall be accepted with effect from 2 February 2022, except for those applicants who had already secured an appointment at the Visa Applications Centre or South African High Commission prior to 2 February 2022;
  4. Critical skills visa is a work visa. The Department of Home Affairs will no longer issue a 12 month's visa to applicants who have not secured or received an offer of employment.

All applications in terms of the new 2022 List must be supported by a solid offer of employment.

POST QUALIFICATION EXPERIENCE

Applicants who submit applications that refer to post-qualification experience as contemplated in Regulation 24(4)(b), 2014 should submit additional proof of verification of working experience verified by reputable institutions such as MIE https://www.mie.co.za. MIE is a trusted partner in South Africa and conducts background checks for international organisations and professional bodies. Post qualification verification from other global providers such as Sterling (https://www.sterlingcheck.com/services/global-checks/) will also be accepted.