The South African Department of Home Affairs recently published a White Paper on Citizenship, Immigration and Refugee Protection. The White Paper provides important insight into the Department’s Immigration and Visa policy.

The Department notes that South Africa’s immigration policy and current visa categories were last updated in 2002 and are due for an overhaul especially if they are to support economic and employment growth. The significant policy shifts that can be noted from the White Paper are the following:

Start-up and Business Visas:

It is noted that the current requirements for a Business Visa, and specifically the requirement that the applicant must invest a minimum financial or capital contribution, are not well suited to persons wanting to establish a new business with potential to contribute to the South African economy. It is proposed that a new stand alone Start-up Visa will be introduced. The Business Visa will be “repackaged” as an Investment Visa with sector based quotas for the employment of South African citizens.

Retirement and High Net Worth Visas:

It is noted in the White Paper that the. Retirement Visa is presently being abused with many holders not being of retirement age. Due to this the Retirement Visa will have an age limit introduced and the other change is that the minimum monthly income will be increased in line with the cost of living in South Africa.

The Financially Independent Permanent Residence Permit requirements will also be changed so that a prescribed portion of the person’s net worth will have to be invested in South Africa for a specified period.

Work Visa Policy Reform:

It is proposed that a new Skilled Worker Visa will be introduced. This visa will consolidate the current Critical Skilled Visa and General Work Visa into a single visa and will be adjudicated based on the Points Based System. The visa will take both education as well as work experience into account. The visa will also provide a pathway to Permanent Residence provided that the applicant can show a history of employment in South Africa as well as current employment. Recent graduates from South African education institutions will also be eligible to apply.

The Intra-Company Transfer Visa will be retained as it assists multinational companies to support their operations in South Africa.

Family Based Visa Policy Reform:

The Relatives (Spouse) Visa and Section 11 (6) Visa (Spousal visa with work or study endorsement) are likely to be combined to reduce the administrative burden on the department.

Sports and Art Visa Policy Reform:

South Africa wishes to position itself as a global sports and entertainment destination and a new visa category will be introduced to assist with this.