Second Amendment of the Immigration Regulations published 20 May 2024

The Minister of Home affairs has published the Second Amendment of the Immigration Regulations.

These were the Regulations that were published and withdrawn in April this year.

We have only highlighted amendments concerning the sections covering visitors visa’s, work visa’s and corporate visa’s.

Have not commented on changes that cover visas to temporarily sojourn in the Republic, permanent residence and residence on other grounds

Please find the gazette below.

Amendment of Regulation 11(4) – Visitor’s Visa [see pages 5 and 6 – section 4 for actual text]

1] They have provided additional “prescribed activities” that may qualify for a visitor’s visa

2] Section 11(2) of the Immigration Act states – The holder of a visitor’s visa may not conduct work: Provided that the holder of a visitor’s visa issued in terms of subsection (1)(a) or (b)(iv) may be authorised by the Director-General in the prescribed manner and subject to the prescribed requirements and terms and conditions to conduct work

In terms of this section they have now provided the following condition – “work conducted for a foreign employer or derives foreign source income on a remote basis – provided that such foreigner earns a gross income of no less than the equivalent of one million rand per annum”.  Under a Visitor’s Visa, work would only be permitted if authorised by the Director-General and for as long as the conditions are met.

3] They have added further provisions dealing with registering as a tax payer (if working), those accompanying a person with a visitor’s visa and those required to testify in a court proceeding. [see page 6 (ii) to (iv) and (c) and (d)]

Amendment of Regulation 18(5)(b) – Work visa [see pages 6 and 7 – section 5 for actual text]

Sub-section (5)(b) currently states –

(5) An application for a critical skills work visa shall be accompanied by proof that the applicant falls within the critical skills category in the form of – (b) if required by law, proof of application for a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act;

1] They have amended sub-section (5)(b) to include two additional conditions providing time frames. See page 7 (i) and (ii)

2] In addition they have proposed two additional sub-sections to Regulation 18 – No’s 12 and 13

The proposals require that an application for a Work Visa must be adjudicated in accordance with a points based system to be determined by the Minister and that 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.

Amendment of Regulation 20(9)(h) – Corporate Visa [see pages 7 and 8 – section 6 for actual text]

Substitution of sub-regulation (9)(h) which currently states –

(9) An application for a corporate worker certificate shall be accompanied by (h) a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act.

1] Section (9)(h) is to be replaced by “proof of registration with a professional body, council or board recognised by SAQA..” and they have included two additional provisions concerning time frames.

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