As indicated in the South African press, various online sources as well as previous our blog articles, the Department of Home Affairs was supposed to release the new shorter version of the Critical Skills list in April this year. One of the major changes was the contemplated removal of the corporate general manager and business analyst categories as well as other much needed categories.
It appears that the practical implementation might have already started.
New Critical Skills list implemented by some embassies
This morning we heard from other immigration providers that some missions overseas, the Netherlands being one of them, have rejected CSV application based on corporate general manager this morning with the official reason that this category does not exist. This would indicate that the new CSV list was published. The list must only be published in the Government Gazette to be considered implemented. We are currently checking, if this was the case.
We think that it has not been officially published yet, but that some missions are starting to work from the draft list due to lack of clear communication from within the Department.
However, in practice this means that the chances of approval for such applications have been significantly reduced already. In addition, it indicates that DHA is serious about removing these categories and other much needed categories despite all efforts various industry sectors, immigration experts as well as foreign chambers of commerce have put in to avoid such fatal and short sighted removal. We hear and see a never experienced amount of rejections from the Department for critical skills visa applications.
What it means for you and your employees:
- applications submitted a few days ago should still be treated according to the old list.
- the same applies for already submitted PR applications.
- until we have certainty, we suggest to continue with cases which are basically ready for submission and are submitted at embassies where we do not have certainty about their current view
- communicate reduced chances to the applicants clearly and set expectations of a rejection
- check if some applications could qualify for ICT
- localised staff might have to look into general work visa with waiver letter in the future.
We will update you as soon as we have something confirmed.
Please do not hesitate to contact us for advice regarding immigration & visa, setting up business, property transfer & investment.
by Andreas Krensel