New Proposed Legislative Changes on Immigration South Africa

On February 8, 2024, the Minister of the Department of Home Affairs of South Africa published a draft in the Government Gazette outlining proposed legislative changes on immigration. These amendments aim to formalize certain adjustments already made by the Department, either through ministerial directives or in response to Constitutional Court rulings that deemed specific sections of the Immigration Act and regulations unconstitutional.

Among the changes is the allowance for spouses, children, and parents of South African citizens and permanent residents to transition from a visitor’s visa to another visa category from within South Africa, a practice previously prohibited.

The proposed amendments also seek to redefine the legal definition of a police clearance certificate, specifying that it is required only from countries where a foreign national has resided for 12 months or more after turning 18 in the five years preceding the visa or permanent residence application date. Currently, such a certificate is required from all countries where the applicant has lived for 12 months or more after turning 18.

Additionally, the amendments suggest eliminating the necessity of providing a radiological report to support visa and permanent residence applications. This report, issued by a registered radiologist following a chest X-ray, confirms that the individual has been examined and shows no signs of active pulmonary tuberculosis.

One notable development is the introduction of a new remote worker visa option, allowing foreign nationals who work remotely for a foreign employer and earn at least R1 million annually to apply for a long-term visitor’s visa. This visa permits them to work from South Africa for up to three years, with tax obligations enforced by the South African Revenue Service (SARS) if the visa duration exceeds six months within a 12-month period.

However, the proposed amendments also introduce unclear provisions for points-based criteria, which will be determined by the Minister at a later date, for the adjudication of work visa applications. This may complicate matters and hinder the issuance of visas to skilled foreign resources.

Lastly, the amendments suggest limiting the validity of certain visas issued to foreign nationals to 12 months in cases where they are required by law to register with a statutory professional body, council, or board, and have applied but not yet been registered. This measure aims to ensure that foreign nationals eventually obtain the necessary registration for their professions.

For any specific inquiries regarding this announcement, individuals are encouraged to contact their Newland Chase dedicated contact or submit an inquiry through the provided channels.