The impact of the new critical skills list on corporate South Africa

The Department of Home Affairs has published its updated critical skills list for South Africa, (“2022 critical skills list”) outlining the skills which are in short supply in the country. The previous critical skills list was last updated back in 2014 and the new list is progressive and possibly more onerous.

Every employer in South Africa who employs critically skilled individuals and who is tasked with attracting and retaining these skills is required to take note and to ensure compliance with the new legislation.

Some of the new requirements for the 2022 critical skills list are as follows:

• A qualification is required for each occupation with a minimum NQF Level 3 to 10.
• Holders of critical skills visas under the 2014 critical skills list that have been phased-out will need to reconsider an alternative visa category.
• Applicants must have an offer of employment prior to qualify for a critical skills visa.
• An applicant who plans to apply for Permanent Residency (“PR”) in categories that have been phased out will be allowed to apply for PR under their occupation as per the 2014 critical skills list.
• Applications for PR will require proof of post qualification experience. Please note this is not necessary for the critical skills application but is necessary for the PR based on critical skills.

Please see below some of the phased-out skills and the new additions:

It appears as though certain categories have been altered more in name or in title but effectively may be very similar to the old category, such as: Industrial Production Engineer is now known as Industrial Engineer.

If you need assistance with your critical skills visa application, email us at Goolam@kvnlaw.co.za or Immigration@kvnlaw.co.za .