Revised critical skills list
Revised critical skills list
The Immigration Act 13 of 2002 empowers the Director-General of the Department of Home Affairs to issue a critical skills visa to an individual who is in possession of “such skills or qualifications determined to be critical for the Republic from time to time”, subject to meeting all the other requirements for the issuing of the visa. The skills and qualifications determined to be critical are published in a critical skills list issued by the Minister of the Department of Home Affairs (Minister) from time to time. A critical skills visa is issued based on compliance with the critical skills list and allows the holder to work in South Africa within a specific occupation listed on the critical skills list.
At a glance
- The Immigration Act 13 of 2002 empowers the Director-General of the Department of Home Affairs to issue a critical skills visa to individuals who are in possession of skills and qualifications that are published in a critical skills list issued by the Minister of the Department of Home Affairs (Minister).
- On 3 October 2023 the Minister issued an updated list that included the addition of two new critical skills and which clarified several points about the critical skills visa.
- Save for these changes, the latest list is materially similar to the one issued in August 2022 and includes the minimum National Qualifications Framework level that a foreign national must possess in order to qualify for a critical skills visa.
On 2 February 2022, the Minister published a critical skills list (February 2022 List) that replaced the previous long-standing critical skills list that was published on 3 June 2014. The February 2022 List was replaced a few months later on 2 August 2022 with a list that included 31 additional skills that were identified as skills shortages in South Africa (August 2022 List). Most of the additions were in the medical industry.
Just over a year later, another revised critical skills list was published by the Minister on 3 October 2023 (October 2023 List). In the October 2023 List, the Minister identified two additional skills shortages in South Africa: veterinarians and veterinary nurses.
Save for the abovementioned two additions, the October 2023 List is materially similar to the August 2022 List and includes the minimum National Qualifications Framework level that a foreign national must possess in order to qualify for a critical skills visa.
The October 2023 List has also clarified that:
- all applications for a critical skills visa must be accompanied by an offer of employment from employers who are not only verifiable, but who are also in good standing with the Department of Employment and Labour; and
- engineering applicants who are registered with a South African Qualifications Authority Professional Body as a “Candidate”, and others similarly graded in other occupations, will be considered for a critical skills visa if they meet all the requirements for the issuing of the visa and on condition that once they receive their visa they will be supervised by a qualified professional (where applicable).
The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2024 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us firstname.lastname@example.org.
We support our clients’ strategic and operational needs by offering innovative, integrated and high quality thought leadership. To stay up to date on the latest legal developments that may potentially impact your business, subscribe to our alerts, seminar and webinar invitations.Subscribe