25 August 2015

1. Department of Home Affairs Implementation of the Critical Skills Work Visa 25 August 2015 “Building a secure, accurate and credible national population register with a single point of entry at birth”

2. Contents • Introduction • Background • Definition • Methodology • Engineering occupations in the List • Requirements for qualifications verification • What have we done thus far? • Engagement with ECSA • The attraction and retention of foreign nationals with critical skills • Where to from here ?

3. Introduction • The purpose of this presentation is to brief the Home Affairs Portfolio Committee on the relationship between the Department of Home Affairs (DHA) and Engineering Council of South Africa (ECSA). • The DHA has held numerous meetings with ECSA to provide advocacy and awareness on the new Immigration Regulations, clarification on the engineering qualifications available, and to establish long-term working relationship that will enable smooth facilitation of the issuance of critical skills work visa. • The DHA and ECSA’s engagements have yielded positive outcomes in that there is mutual agreement wherein the Department has access to ECSA’s verification system. ECSA on the other hand, is able to verify the authenticity or status of applicants. • The DHA presents in various business forums to introduce foreign investors to various visa categories, including critical skills work visa.

4. Background • After consultation with organisations and Government Departments, as well as in light of the Employment Services Bill (now an Act of Parliament)introduced into Parliament by the Minister of Labour, a decision was taken to repeal the quota and exceptional skills work permits, and to introduce a category of critical skills work visa to assist in the attraction of critical skills to the Republic. • Organisations and Government Departments that were consulted include Departments of Higher Education and Training, Trade and Industry, Water and Sanitation, Labour, Economic Development, Basic Education, Mineral Resources, Science and Technology, Energy, Agriculture, Forestry and Fisheries, including Sector Education and Training Authorities. • The critical skills work visa came into effect with the amended Immigration Act No 13 of 2002 and the new Immigration Regulations, 2014 that were implemented on 26 May 2014. • As a result of the changes, there was a need for the development of the critical skills list that will support and enable the implementation of the new critical skills work visa. • The List was developed to address the skills needs of the objectives of the National Development Plan and generally the national key projects such as Strategic Infrastructure Projects (SIPs).

5. Definition • The Department of Home Affairs (DHA) decided to differentiate between the scarce and critical skills and chose the latter for the purposes of the visa issuance. • Critical skills are deemed to be: 1. Those skills critical to the improvement of the economic development and growth; without which strategic projects and work could not be undertaken. 2. High level skills that will enhance the skills pool in the economy which in turn will encourage and potentially accelerate growth in the economy.

6. Methodology • In developing the critical skills list, the DHA conducted research and consulted key stakeholders. • Two consultative workshops were conducted in December 2013 and March 2014. • The following channels were followed: - In-depth consultation with DHET, DoL, DTI and EDD. - Labour Market Intelligence Project (LMIP) - DHET: draft scarce skills list (top 100 Occupations In High Demand) - Presidential Infrastructure Coordinating Committee (PICC) - Human Resource Development Council of SA - SETA data and Sector Skills Plans - Desktop research (IPAP, NGP, NDP, etc) - Private sector research (e.gAdcorp, CDE, etc) - Feedback from the consultations and workshops held - Historical data of DHA on visas granted

7. Engineering Occupations in the List (NB: The occupations in red currently appear in the list but they do not belong to engineering field ) The critical skills list comprises of the following occupations which are currently classified under the engineering:

8. Engineering Occupations in the List cont.

9. Engineering Occupations in the List cont.

10. The requirements to verify qualifications • Confirmation in writing from the accredited professional body, council or board recognised by SAQA or any relevant government Department confirming the skills or qualifications of the applicant and appropriate post qualification experience • Proof of application for certificate of registration with the accredited professional body, council or board recognised by SAQA • Proof of evaluation of the foreign qualification by SAQA translated by a sworn translator into one of the official languages of the Republic.

11. What have we done thus far? • The final critical skills list was developed out of the combination of all data collected • The critical skills work visa has been positively received by the members of the private and public sector, including individual foreign citizens. • However, the Department has also encountered challenges since the introduction of the critical skills work visa: - Occupations such as Maths and Science educators were excluded from the new list even though they were there in Quota List and the draft scarce skills list. - There have been demands from economic sectors and individual corporations such as jewellery, basic education, ocularistry, etc. to be included in the List. - There have been attempts by applicants who submit fraudulent documents such as SAQA evaluation certificates, professional bodies’ confirmation letters and membership certificates, hence the need for online verification. • The DHA and South African Qualifications Authority (SAQA) held a consultative workshop to engage professional bodies and government departments on the 22 September 2014; to conduct advocacy and awareness of the visa, and further clarify the roles and responsibilities.

12. What have we done thus far? cont. • Qualifications and experience required in some occupations -not clear e.g Corporate General Manager • Occupations without professional bodies • Applicants not qualifying (skills not in the list) apply for the visa • Cross-cutting occupations (some ICT appear in the BPO sector)

13. Engagement with ECSA • The Department has had one-on-one consultative meetings with Engineering Council of South Africa (ECSA) to build and enhance the relationship as when required. • ECSA has offered DHA free access to online verification system. • Fraudulent ECSA membership certificates have been discovered during the adjudication process, and referred to the Inspectorate. • Some engineering occupations do not fall within ECSA’s mandate, thus cannot be registered by this professional body. • ECSA will assist with data collection regarding the trends and skills demand and supply in the engineering sector in order to inform the refinement of the List.

14. Attraction and Retention Strategy • Critical Skills Work Visa holders are entitled to apply for Permanent Residence Permits (PRP); adherence to PRP conditions is required. • Applicants without employment are issued with 12months Critical Skills Work Visa to seek employment in the Republic • Applicants with an employment contract are issued with a visa equivalent to an employment contract but not exceeding 5 years • Post-Doctoral fellows and students can apply (without leaving the Republic) for critical skills work visas provided they do not have obligations from their countries of origin. • Dependents of the critical skills work visa applicants and holders benefit as they are allowed to accompany the applicant and are issued with relevant visas that do not exceed the duration of the main applicant’s visa.

15. Where to from here? • The list will be reviewed and refined from time to time as indicated in the Act and Regulations thereof. • Government departments’ involvement, particularly DHET is required. • DHA needs further input from all economic sectors, higher learning institutions, labourorganisations, public, etc. in order to achieve relevance. • The professional bodies, including ECSA; and/or universities will be engaged to assist with matching occupations with their relevant degrees or qualifications. • Skills transfer mechanisms need to be developed. • Conversations among the industries and Higher Education Institutions on skills gaps, demands and supply need to take place. • The Department will prioritise research into offering foreign students with specific Master’s and PhD qualifications attained at South African universities, rights to apply for PR status. This would be directed at the retention of the intellectual investment and promoting re-investment of knowledge and expertise back into the South African economy.

16. THANK YOU “Building a secure, accurate and credible national population register with a single point of entry, at birth”