THE South African government has allayed Zimbabwe Exemption Permits (ZEP) holders' fears that the newly introduced points-based system for critical skills and general work visas was a strategy to exclude some of them.
There were concerns that the South African government had introduced the points-based system as a way to eliminate ZEP holders from the system.
Global Immigration and Legal Consultancy legal director Gabriel Shumba yesterday told NewsDay that the ZEP holders were concerned that they would lose their status following the points system.
“The fear that was evident from ZEP holders was that the point system would exclude most of them and bar them from obtaining mainstream visas, thus undermining the special aspect of the ZEP and the Lesotho Special Dispensation,” he said.
“Through Directive No 10 of 2024, the department has dispelled the fears. In addition to the above, it will be recalled that police clearance from countries of origin, South African Qualifications Authority (SAQA) and the certificate from the Department of Labour are also no longer required for those on special dispensation. This position accords with the uniqueness of these visas.”
South Africa’s Home Affairs minister Leon Schreiber last Friday issued a ministerial immigration directive allaying the immigrants' fears.
“The Immigration Act obligates the Department of Home Affairs to, in adjudicating application for visas and permits, contribute to an environment in which economic growth is promoted through the employment of needed foreign labour, facilitating foreign investment and enabling the entry of exceptionally skilled or qualified people,” Schreiber said.
“Officials are advised that any critical skills work visa or general work visa validly issued by the department as at the date of signature of this directive, shall continue to be in force and effect in accordance with terms and conditions attached to the visa.”
- Health talk: This is the best time to re-strategise
- Health talk: This is the best time to re-strategise
- SA court defers Zim permit case
- New twist to Esidakeni farm wrangle
Keep Reading
Schreiber said the applications, including visa extension, renewal or change of conditions or status, received after the publication of the notice on the points-based system should be adjudicated using the points-based system.
He said the partial waiver of the SAQA evaluation certificate was only applicable to critical skills work visas and general work visa applications submitted on or after the date of signature of the directive.
“Any critical skills work visa application submitted in line with the revised Critical Skills List of October 2023, as well as any general work visa application currently pending as at the date of signature of this directive, including appeal applications, shall be adjudicated in accordance with the law and adjudication process applicable at the time the application was received by Home Affairs, prior to the introduction of the points-based system,” Schreiber said.
“In cases where applicants have secured an appointment at a Visa Application Centre (VFS) or the South African High Commission prior to the date of signature of this directive, but have not yet submitted an application, the points-based system will also not apply.
“In order to verify, all critical skills work visa and general work visa applications must be accompanied by the applicant’s VFS/Mission application appointment letter.”
He advised officials that the points-based system was not applicable to holders of ZEP who have applied for or are applying for mainstream critical skills work visas or general work visas.
He said such applications will continue to be processed in line with the terms and conditions of the special dispensation.
There are about 176 000 ZEP holders with established lives in South Africa.
