The Critical Skills List is central to how South Africa manages immigration for skilled workers — and it directly affects employers, HR teams and jobseekers who are planning careers or hiring internationally. This article explains the legal basis, the new points-based assessment, how the list interacts with General Work VisAs, and the practical consequences for local hiring, salary planning and skills strategy in South Africa.
Key takeaway: occupations on the official Critical Skills List effectively qualify an applicant for a Critical Skills Work Visa under the points framework — but employers and jobseekers must still meet documentary and regulatory requirements and should plan hiring and salary offers accordingly. (dev.acts.co.za)
What is the Critical Skills List (legal basis and purpose)
- The Critical Skills List is a gazetted schedule that identifies occupations the South African government considers scarce or strategically necessary for the economy. It is published under the Immigration Act and updated through Government Notices (the list currently in force was published as Government Notice R3934 on 3 October 2023). The schedule sets minimum qualifications and, in many cases, registration requirements for professions. (lawlibrary.org.za)
- The list is used by the Department of Home Affairs (DHA) to fast-track qualified foreigners into the South African labour market while balancing the priority for local labour market protection. Being on the list is a powerful advantage in the visa assessment process. (lawlibrary.org.za)
The points-based system (how Critical Skills and General Work Visas are scored)
In October 2024 the DHA published a formal points-based framework that applies to Critical Skills Work Visas and General Work Visas. An applicant must score a minimum of 100 points to qualify. If the 100-point threshold is reached by virtue of an occupation being on the Critical Skills List, the applicant is eligible for a Critical Skills Work Visa (and may be fast-tracked). If the 100 points are made up by other criteria, the outcome is a General Work Visa. (dev.acts.co.za)
Key criteria and point allocation (official summary)
| Criteria | Typical points |
|---|---|
| Occupation on Critical Skills List | 100 (immediate if applicable) |
| Qualifications (NQF 9–10 / 7–8) | 50 / 30 |
| Offer of employment — salary bands (gross p.a.) | >R976,194 = 50; R650,796–R976,194 = 20 |
| Work experience (5–10 yrs / 10+ yrs) | 20 / 30 |
| Trusted Employer status (employer accreditation) | 20–30 |
| Language proficiency (official language) | 10 |
(Full official point tables and thresholds are set out in the Government Notice — see source). (dev.acts.co.za)
Why this matters
- If your occupation appears on the Critical Skills List you effectively start with 100 points, simplifying the route to a Critical Skills Work Visa (subject to police clearance, medical checks and qualification verification). That creates a clear legal advantage for eligible foreign candidates. (dev.acts.co.za)
What changed recently (waivers and processing practicalities)
- The Minister has issued targeted ministerial waivers to ease application bottlenecks: for example, the requirement for a Department of Employment and Labour certificate for certain General Work Visas was waived, and a partial waiver applies to the SAQA (qualification evaluation) requirement — applicants who can only show proof of SAQA application may be granted a one-year visa while the evaluation is pending. These waivers were announced alongside the points rules and are intended to reduce backlog and processing delays. (polity.org.za)
Who is on the Critical Skills List? (short examples)
The 2023 gazette covers a broad set of roles across professional, technical and technical-trade categories. Representative examples include:
- ICT specialists (applications programmers, network engineers); engineers (chemical, mining, electronic); specialist medical practitioners; actuaries; qualified architects and planners; and skilled artisans such as millwrights and mechatronics technicians. (See the gazette schedule for full OFO-coded listings and qualification minima.) (lawlibrary.org.za)
What this means for employers (hiring strategy and compliance)
Practical implications for HR and hiring teams:
- Faster route for critical hires: recruiting a foreign professional whose occupation is on the list can reduce the complexity and time-to-hire because the occupation itself meets the 100-point threshold (subject to other checks). (dev.acts.co.za)
- Salary offers matter: if an applicant is not on the list, competitive salary bands (above the published thresholds) and other points (experience, employer accreditation) must be used to reach 100 points — so total remuneration packages become a direct immigration lever. (dev.acts.co.za)
- Local-first recruitment ethos remains important: the amended regulations and waivers do not remove responsibilities around fair recruitment practices, and employers should continue to document local recruitment efforts and use SETA/Stats SA labour data when justifying foreign hires. (webberwentzel.com)
- Use trusted-employer accreditation where possible: employers with higher status under the immigration rules attract extra points for their applicants. (dev.acts.co.za)
Compare: Critical Skills Work Visa vs General Work Visa
| Feature | Critical Skills Work Visa | General Work Visa |
|---|---|---|
| Points route | Occupation on Critical Skills List (100 pts) | 100 pts via mix of qualifications, salary, experience |
| Typical processing | Eligible for fast-track if criteria met | Standard processing; no automatic fast-track |
| SAQA evaluation | Required or provisional waiver (proof of application may allow 1-year visa) | Same rules apply; waivers vary |
| Employer certificate (DoEL) | Not required where waived by Minister | Previously required but waiver may apply in specific cases |
Sources: Government Notices and legal analysis. (dev.acts.co.za)
Implications for local hires, wages and skills planning
- Labour market context: South Africa continues to face high unemployment and structural skills mismatches (notably in ICT, engineering, health and specialised trades). That means employers often struggle to fill specialist roles locally and may justifiably recruit abroad — however, the cost and regulatory burden mean that many mid-skilled roles will remain targeted at local hires where supply exists. Use Stats SA QLFS and SETA reports to identify where real shortages persist by province and occupation. (open.africa)
- Salary benchmarks: because the points test awards points for salary bands, total remuneration is both an immigration tool and a market signal (higher offers both attract talent and help secure visas). Employers should check market salary guides and benchmark against sector norms before making offers. (dev.acts.co.za)
- Local skills development: longer-term workforce resilience depends on upskilling, apprenticeships and partnering with SETAs — especially for artisan and technician roles that frequently appear on the Critical Skills List. (lawlibrary.org.za)
Practical steps for employers and jobseekers
For employers
- Verify whether the role is on the gazetted Critical Skills List before starting a foreign hire process. (lawlibrary.org.za)
- Budget total rewards to reach relevant points bands if the applicant is not on the list. (dev.acts.co.za)
- Use legal / immigration advisors to ensure documentation (SAQA, police clearance, medicals) and to interpret any ministerial waivers. (webberwentzel.com)
For jobseekers (local and foreign)
- If you are a foreign professional: check the gazette for the exact OFO code and qualification requirement for your occupation; if on the list you have a simplified pathway but still must meet verification checks (SAQA, police, medical). (lawlibrary.org.za)
- For South African jobseekers: identify high-demand occupations and acquire the qualifications/SETA-accredited training employers need. Use labour-market dashboards and salary benchmarks to choose which skills to invest in. (itweb.co.za)
Resources and further reading (official and practical)
- Government gazette: Immigration Act, Points-Based System (Notice No. 5448 / Gazette 51416, 18 October 2024). (dev.acts.co.za)
- Government gazette: Immigration Act, Critical Skills List (Government Notice R3934 of 3 October 2023). (lawlibrary.org.za)
- Practical legal/consulting updates from immigration specialists and law firms (Fragomen, Webber Wentzel, EY, KPMG summaries) for implementation details and waivers. (fragomen.com)
Related posts on Career Guidance South Africa (internal resources)
- Career Guidance South Africa: Top Demand Occupations 2026 — Data from Stats SA and SETAs
- Provincial Skill Shortages in South Africa: Where Jobs Are Growing and Which Skills to Learn
- South Africa Salary Benchmarks: How Much You Should Earn by Role and Experience
- Analysing Unemployment Trends in South Africa: Implications for Jobseekers and Students
- How to Use Labour Market Data to Choose a High-Demand Career in South Africa
- Interactive Salary Calculator for South African Occupations — Build Your Own Benchmark
- Industry Outlooks: Which Sectors Will Hire Most in South Africa Over the Next 5 Years?
- How Employers Use SETA and Stats SA Data in Recruitment — A Guide for Jobseekers
- Downloadable Labour Market Datasets and Visualisations for South African Career Research
Final notes — plan your next steps
- Employers: audit roles against the Critical Skills List, model total compensation to reach visa points if needed, and document local recruitment activity and SETA engagements. Use immigration counsel where necessary. (lawlibrary.org.za)
- Jobseekers: if you aim to be employable in a listed occupation, check the OFO code and required NQF level in the gazette, ensure professional body registration (if required), and align your CV and evidence to those requirements. (lawlibrary.org.za)
If you’d like, I can:
- Check whether a specific occupation (and OFO code) appears on the Critical Skills List, or
- Build a quick employer checklist for hiring a foreign national (documents, salary modelling, timeline), or
- Compare local salary benchmarks for a target role to the visa salary thresholds.