Second Amendment Immigration Regulations published 28 March 2024

The Department of Home Affairs has gazetted the final Second Amendment Immigration Regulation.

Although the signed introduction by the Minister is dated 28/3/2023 they have published a second gazette amending it to the 28/3/2024.

The Department of Home Affairs has gazetted the final Second Amendment Immigration Regulation after having published it for comment back in early February. The various provisions modify a number of residency and visa categories.

Visas to temporarily sojourn in Republic

They have removed the requirement for a “radiological report” but now require children under the age of 12 and pregnant women to produce a medical report.

They have added two additional “exceptional circumstances” under which an application for a change of status attached to a visitor’s or medical treatment visa can be made when in the country – (i) The spouse or child of an SA citizen (ii) the parent of a citizen or permanent resident child

Visitor’s visa

This section refers to various conditions under which a visitor’s visa may be issued including “any other prescribed activity” as listed. There are now a number of additional prescribed activities as set out on pages 5 & 6

Work visa

The sub-section dealing with the application for a critical skills work visa and the certificate of registration with a professional body has been amended to include time frames.

Two additional sub-sections have been added proposing that –

i) An application for a work visa to be adjudicated in accordance with a points-based system as determined by the Minister from time to time.

ii) The Minister when setting out the points-based system must consider matters such as age; qualification; language skills; work experience; offer of employment and the ability to adapt within the republic.

Corporate Visa

The requirement of “a certificate of registration” has been replaced by the phrase “proof of registration with a professional body, council or board recognised by SAQA..”

Two additional conditions providing time frames have been added.

Permanent residence

The section providing for “medical and radiological reports” has been amended to solely provide for a “medical report”.

Residence on other grounds

The sub-section dealing with the “certificate of registration with a professional body, council or board recognised by SAQA” has been amended to include specific time frames relating to the certificate

Amendment of Annexure A

1] Various forms have been substituted but the annexure has not been included.


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