Introduction
As a professional seeking to expand your career opportunities in an ever-growing economy, despite the challenges with the current world-wide pandemic, having a South African critical skills visa will open a world of opportunities for you. The Critical Skills visa allows you, as a non-South African citizen with exceptional qualifications and skills, considered to be scarce in South Africa, to live and work in the country legally. However, the process of applying for a critical skills visa can be daunting and stressing, given that there are multiple sub-processes involved before getting to the actual visa application and then having the visa to enable you to work in SA.
In June 2014, the South African Critical Skills Visa was developed by the South African Department of Home Affairs to help the country bring in the skills and expertise necessary to meet the objectives set out in its national economic infrastructure project. Now, in February 2021, the Department of Home Affairs amended and modified the 2014 list and published the new draft critical skills list for public comment, which has seen some of the most common categories from the 2014 list such as the Corporate General Manager being removed. Although the list is still in its draft form, and the current list remains operational, it is inevitable that those professionals who do not find themselves on the new draft skills list would be very anxious to even consider applying now for a critical skills visa. What we can tell you is, the current list is still operational, apply now whilst you still can do so!
With a critical skills visa, you can work legally in the country, you may apply for permanent residency immediately should you have more than five years post-qualification experience, your family can accompany you on this visa giving you and your family access to better opportunities in SA in terms of education, health, and lifestyle.
Further, the critical skills visa is the only visa where one can apply without a job offer, and this will give you an added advantage in that you may you look for employment in South Africa whilst on this visa, making it easier for you to obtain job opportunities as most employer’s want to have sight of a work visa first before making a job offer.
WHAT DOES IT MEAN NOT TO HAVE A CRITICAL SKILLS VISA?
Not having a work visa as a foreign professional in South Africa means that one loses out on job opportunities as most employers request for a work visa before they can make one an offer. Chances of enhancing one’s career are hampered by lack of a work visa, and for a professional who has spent many years studying to acquire higher qualifications in a bid to get better job opportunities, this can be a frustrating situation to be in.
THE BENEFITS OF HAVING A CRITICAL SKILLS VISA
South Africa is a key player in the economic boom that Africa is undergoing. As these countries modernise and grow, the demand for skilled talent continues to rise, therefore, as a professional, the South Africa Critical Skills Work Visa is your key to working and settling in South Africa and tap into one of the booming economies in Africa.
If you are a professional who qualifies under the current critical skills list, but your profession does not appear on the new draft proposed critical skills list, now is the opportunity for you to apply for your critical skills visa before the new draft list officially comes into effect. Once you submit your application under the current list, your application will be decided based on the current list that was operational at the time of submission of your application.
With a critical skills visa:
- You are free to work and settle in South Africa and it gives you the opportunity to pursue your career in South Africa.
- An offer of employment is not a requirement for your initial application.
- You are given 12 months in which to confirm employment in South Africa within the listed categories.
- There is no limit in terms of the number of visas that may be issued per critical skills category, unlike with the previous Quota Work Permit
- It takes away the need to go through the onerous labour certification process, which is required for a General Work Visa application.
- It grants you with an added advantage to eventually apply for permanent residence once you qualify for same, taking away that burden of continuously applying for a temporary visa.
THE STORY OF RG
Normally when changes take place in the law, there is a lot of uncertainty, anxiety and distress that clouds potential applicants who would ordinarily qualify for any visa. The current critical skills list was last amended in 2014 and when this change happened, as expected, there was a lot of confusion and uncertainty on the way forward. The testimony of one of our clients below, is one of many who experienced challenges with the 2014 critical skills amendment. This is what she had to say:
“I am a very happy customer; my Critical Skills appeal decision came within 2 months after waiting for 6 years for a prior decision. I submitted my appeal in 2014, at the time the department changed their visa categories. I got a rejection outcome in October 2020. In desperation I engaged the help of Prestige and voila – a positive decision in 2 months – result 👏🏾👏🏾👏🏾 I should have used them for my initial appeal, RG”.
As part of our service offering, especially during this crossover from the old to the new critical skills list where there is a lot of ambiguity on adjudication of applications, it is part of our service offering to ensure that our clients are kept up to date always, we assist them as best as we can and should, for any reason, there be a negative outcome (as in RG’s case although she had initially applied in her own capacity), we take the matter further until an applicant obtains their visa.
We will give you the added advantage of always being a step ahead. We will ensure to keep you abreast of the progress on the law changes and this takes away the anxiety that comes with the uncertainty and general assumptions surrounding any changes. As our team comprises of qualified South African lawyers, one will have the comfort of knowing that they will receive precise and accurate information on the new draft critical skills and will get the necessary guidance in relation to how this affects your application.
So, if you do not want to wait six (6) years like RG and ensure that you obtain your critical skills visa in terms of the current critical skills list when you still qualify, now is the time to apply!
For RG, having the critical skills visa has given her the opportunity to finally look for employment in South Africa and she is spoilt for choice as she holds a valid visa, which she can show to potential employers who may want to offer her job. It has made life easier for her to look for a job in SA and be able to secure employment and a better future for herself and her family.
If you would like to apply for a critical skills visa under the current list before the new list is implemented or would like to know if you qualify for one, please click on the link below and provide us with your information. One of our consultants will call you for a quick obligation-free assessment.
