At the same time as the release of the new Critical Skills List the Department of Home Affairs also released Immigration Directive No. 1 of 2022. The Directive sets out the transitional arrangement for implementation of the new Critical Skills list as well as confirming certain new rules that are now applicable with regards to Critical Skills Visa and Permanent Residence applications.

The following significant new rules should be noted:

1. Previously, applicants could be issued with a 12 month Critical Skills Work Visa without having secured employment in South Africa. The person could then enter South Africa and use the 12 month period to search for employment. This is no longer the case and all applications for Critical Skills Work Visas must now be accompanied by a “solid offer of employment.”

2. Applications for permanent residence based on critical skills must be supported by additional proof of vetted working experience vetted by institutions such as MIE or Sterling. This vetting will confirm the employment history of the applicant.

3. Applicants that hold Critical Skills Work Visas that were acquired under the 2014 Critical Skills List can still submit applications for Permanent Residence based on their existing Critical Skills visa. Such applications can be submitted from the day that the applicant qualifies.

The rules that apply to the transitional arrangement from the old critical skills list to the new critical skills list are the following:

1. If a person acquired a critical skills visa under the old critical skills list then that visa will remain valid for the period for which it was issued. The visa however may only be renewed if the person meets the requirements in terms of the new critical skills list.

2. Critical Skills Visa applications that were submitted prior to the 31^st January 2022 shall be processed in terms of the old critical skills list.