Leading up to SONA 2024, the South African government has published a gazette of immigration changes, notably including the introduction of a South African Digital Nomad Visa.
In this article, we discuss the key aspects of these proposed changes.
UPDATE – The Digital Nomad Visa has been launched and can be applied for under the name of “Remote Worker Visa” – 30/10/2024
Introduction to the New Draft Regulations
On February 8th, the South African government published draft amendments to the immigration regulations, involving a public comment period in March followed by the normal legislative process. While these amendments are not yet law, they provide valuable insights into the potential future of immigration in South Africa.
Key Changes and Clarifications
Police Clearance Certificates: The draft stipulates that police clearance is only needed for the last five years of residence, formalising what has been in practice for a year.
Medical Certificates: A significant change is the removal of the requirement for direct radiological reports, streamlining the medical clearance process.
Spouses and Children of Permanent Residents: The draft confirms the longstanding practice allowing spouses and children of South African permanent residents or citizens to change their status within the country.
Parents of South African Children: A notable clarification is that foreign parents of South African children can now change their status within South Africa, a decision influenced by constitutional court rulings.
Point-Based System for Work Visas
The draft introduces a point-based system for all work visas under section 19, including ICTs and critical skills visas. This system will assess applicants based on factors such as language skills, qualifications, age, and skills.
However, there are concerns over the vague criterion of “ability to adapt in the Republic,” which could lead to subjective decision-making.
Digital Nomad Visa
A new category for digital nomads or remote workers has been introduced.
Here are the key points and takeaways:
- 3-year duration: although this number is unclear in the draft regulations, if it is indeed the case, South Africa’s Digital Nomad Visa will be incredibly competitive compared to its European counterparts.
- No international medical aid requirement: you will still require a medical certificate.
- Need to earn a minimum of R1,000,000 per annum: it is not clear if this is gross or net, but we assume net. Either way, this may be a little steep.
- Family can come with you: this makes the Digital Nomad Visa an attractive offering for those wanting to relocate to sunny South Africa.
- After 6 months of staying in South Africa on the Digital Nomad Visa, you are required to register with SARS.
One-Year Critical Skills Visa
The draft regulations propose a one-year critical skills visa requiring a job offer and proof of application for professional registration. Professional body delays often slowed down or entirely halted Critical Skills applications, so this is a welcome change.
Conclusion
The draft regulations represent a step forward in South African immigration policy, aligning with court decisions and public needs. While not final, these amendments indicate a positive trajectory, with room for public input.
The inclusion of digital nomad visas and the point-based system for work visas are particularly noteworthy developments.
Written by Simon Carletti, PR and Creative Supervisor
