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Immigration Amendment Act changes requirements for critical skills visas

As per the Immigration Amendment Act, which came into operation at the end of May, quota work permits and exceptional skills work permits have been amalgamated into the critical skills work visa. To qualify for this kind of visa, an applicant will have to demonstrate that he/she falls within a critical skills category. What is deemed to be a 'critical skill'?

The list of critical skills was published on 3 June 2014 and earmarks a number of occupations/critical skills that can be considered as 'critical' for purposes of an application for a critical skills work visa.

Each of the sectors has their own particular evaluation requirements regarding:

• Evaluation by the South African Qualifications Authority (SAQA),
• Registration with a SAQA-accredited professional body, council or board, and/or
• Past work experience.

The Immigration Amendment Act has also changed the burden on employers who employ foreign nationals.

An employer who employs a foreign national - for a period exceeding two years - will need to ensure that they keep, on record, the following documents pertaining to the foreign national:

- A certified copy of the foreign national's passport,

- A copy of the relevant visa or permanent resident permit,

- Proof of the capacity in which the foreigner is or was employed (such as the employment contract), and

- A copy of the foreign national's IRP5 form or certificate of earnings and job description.