# Critical Skills Visa



## DumisaniBYO (Sep 12, 2014)

Hi guys & ladies just wanted to find out , i am currently on a DZP permit and would like to change to a Critical skills visa . I have got all the required documents to apply and have got appointment at VFS in a few weeks .

i have a few questions

1. the dzp permit is on an old passport ( and i have a new PP now )

2. can i apply for the CSV using this DZP within South Africa.

Thanks for the advise


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## Skilled (May 10, 2011)

They will ask you to apply from the home country especially that you currently have a DZP.

Try it. With HA anything is possible.


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## DumisaniBYO (Sep 12, 2014)

thanks , will try and see how it goes


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## Nomqhele (Feb 18, 2014)

DumisaniBYO said:


> thanks , will try and see how it goes


Dumisani l think you will need to apply for change of conditions on your existing DZP permit,that is if that option is still available.I was also on DZP permit,but changed to spousal temporary residence visa with a work endorsement on grounds that l got married to a South African spouse.I made the application before the commencement of the new immigration Act.Good luck.


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## DumisaniBYO (Sep 12, 2014)

@Nomqhele thanks for the information , its confusing because the HA call center say you can make the application within South Africa.


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## Nomqhele (Feb 18, 2014)

DumisaniBYO said:


> @Nomqhele thanks for the information , its confusing because the HA call center say you can make the application within South Africa.


Yes as long as you have a legal residency permit in South Africa


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## DumisaniBYO (Sep 12, 2014)

@Nomqhele , did you use a legal representative to change your status ?


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## Nomqhele (Feb 18, 2014)

DumisaniBYO said:


> @Nomqhele , did you use a legal representative to change your status ?


Nope,it was just an ordinary application which l did it in person at Johannesburg Harrison branch .Just find it from the authorities if you can still change the conditions of your permit in spite of the commencement of the new act


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## DumisaniBYO (Sep 12, 2014)

Did you just submit the change of status form alone , without a new application form for TRV but with all the relevant documents for your spousal temporary residence visa . thanks


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## Nomqhele (Feb 18, 2014)

DumisaniBYO said:


> Did you just submit the change of status form alone , without a new application form for TRV but with all the relevant documents for your spousal temporary residence visa . thanks


I submitted all documents required for temporary residence visa application,including those applicable for category l was applying for (Spousal).The difference being that l used a specific form (Bi-1740)change of conditions on existing permit or status,whilist for the ordinary TRV application you use the(Bi1738.I hope this makes sense.The answer to your question is besides the Bi-1740 and the supporting documentation,no other application form was completed


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## LegalMan (Dec 26, 2012)

DumisaniBYO said:


> Hi guys & ladies just wanted to find out , i am currently on a DZP permit and would like to change to a Critical skills visa . I have got all the required documents to apply and have got appointment at VFS in a few weeks .
> 
> i have a few questions
> 
> ...


1. Bring the old passport. If you don't have it, can you prove from your side that you had a DZP?
2. Yes, theoretically and legally you can.

Having a DZP here means nothing really except that you can apply in SA. The Critical Skills Work Visa application is a fresh application. Hopefully it comes soon, as applying for a new DZP / ZSP ends on 31 December 2014.


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## DumisaniBYO (Sep 12, 2014)

@LegalMan thanks for the reply i submitted last week friday . 
i am sure there should be feedback before 31 dec 2014


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## DumisaniBYO (Sep 12, 2014)

Hi all , my Critical Skills Visa is out , turn around of 20 working days

I just wanted to find out DHA gave me only one year , i want to find out

Applying for a Permanent Residency Permit options that i have under section 27

*1. Section 27(a) of the Act*
An offer of permanent employment. Yes No
An original clipping, not older than four months at the time of
application, from the national printed media-
(a) reflecting the full particulars of the relevant newspaper or
magazine, as well as the date on which the advertisement
was published;
(b) stipulating the minimum qualifications and experience
required to fill the position;
(c) clearly define the position offered and the responsibilities to
be performed;
(d) measure at least 60 millimetres by 60 millimetres; and
(e) state the closing date for the application
Proof that the application falls within the specific professional
category or within the specific occupational class contemplated
in section 19(1) of the Immigration Act.


*Section 27(b) of the Act*
Proof that the applicant falls within the critical skills category as
published from time to time by the Minister by notice in the
Gazette in the form of a certificate from the professional body,
council or board recognised by SAQA in terms of section 13(1)(i)
of the National Qualifications Framework Act or the relevant
Department confirming the skills or qualifications of the applicant.

If required by law, a certificate of registration with the
professional body, council or board recognised by SAQA in
terms of section 13(1)(i) of the National Qualifications Framework
Act
Yes No
Proof of post qualification experience of at least five years. Yes No
Testimonials from previous employers. Yes No
A comprehensive curriculum vitae Yes No
A letter of motivation indicating that the critical skills possessed
by the applicant will be to the benefit of the South African
environment in which he/she intends to operate and which
relates to the critical skill in question.
174 No. 37679 GOVERNMENT GAZETTE, 22 MAY 2014

I have got 6yrs experience at what i do and have permanent work contract 

Please advise on which option is better as i can fulfill the advertisement part on a , the company wont do that


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## LegalMan (Dec 26, 2012)

Are you sure it's 12 months validity and not 12 months in which to find your first position?? I'd love to see a scan of that.

Yes, you can still apply for PR.


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## Economy (Oct 21, 2014)

just out of interest, DumisaniBYO, where didd you apply?


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## LegalMan (Dec 26, 2012)

And what exact field did you apply under?


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## Skilled (May 10, 2011)

DumisaniBYO said:


> Hi all , my Critical Skills Visa is out , turn around of 20 working days
> 
> I just wanted to find out DHA gave me only one year , i want to find out
> 
> ...



One year? They used to do that with Scarce Skill permit.

I got PR Category 27(a). I had a Quota Work Permit and a permanent employment letter. Also I had proof of previous experience. The condition on my PR says I should remain employed in the same field for the next 5 years.


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## DumisaniBYO (Sep 12, 2014)

@Economy VFS Rivonia

@ Legal Man on section 27a , do i need the requirement a to e or can used the section below independent

*Proof that the application falls within the specific professional
category or within the specific occupational class contemplated
in section 19(1) of the Immigration Act.*


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## Economy (Oct 21, 2014)

i have applied there and am at more than 70 days, 55 working days...


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## DumisaniBYO (Sep 12, 2014)

@Skilled one year , was also a bit shocked .
Need to try submit asap before the 12 months fly away


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## DumisaniBYO (Sep 12, 2014)

@Legal Man ICT Field


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## DumisaniBYO (Sep 12, 2014)

@Economy that's long hey , issue is don't know how to escalate


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## LegalMan (Dec 26, 2012)

DumisaniBYO said:


> @Economy VFS Rivonia
> 
> @ Legal Man on section 27a , do i need the requirement a to e or can used the section below independent
> 
> ...


What exact critical skill field did you apply under? Are you sure it is 12 months total validity?


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## Economy (Oct 21, 2014)

thats the problem. VFs is just an expensive courier service, they just give bs answers t get you off the phone. my immigration company seems to have no contacts to escalate this either. i have written various emails to people on the DHA website, got an answer that the matter is getting attention.. and nothing happens. I have met so many peopl etelling me that they have contacts within DHA, but nothing so far (I have not paid extra for this.. maybe that is the issue.. but do not want to get into potential troubl edoing the wrong thing just to be able to stay).


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## DumisaniBYO (Sep 12, 2014)

@Legal Man ICT Desktop Support Engineer , i received a letter from IITPSA stating such .
The permit states Issued : 08/10/2014 Valid Until 08/10/2015


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## Skilled (May 10, 2011)

DumisaniBYO said:


> @Legal Man ICT Desktop Support Engineer , i received a letter from IITPSA stating such .
> *The permit states Issued : 08/10/2014 Valid Until 08/10/2015*


You should not worry about this at all. As long as you remain employed they will continue to renew your permit. The downside is the costs though.


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## LegalMan (Dec 26, 2012)

DumisaniBYO said:


> Hi guys & ladies just wanted to find out , i am currently on a DZP permit and would like to change to a Critical skills visa . I have got all the required documents to apply and have got appointment at VFS in a few weeks .
> 
> i have a few questions
> 
> ...


What is a PP?

You *can* apply for a new visa from within SA off a DZP.


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## DumisaniBYO (Sep 12, 2014)

@LegalMan PP means Passport and yes you can apply
In your experince when applying for PRP under section 27a (ii) , what the sort off key requirements?


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## LegalMan (Dec 26, 2012)

DumisaniBYO said:


> @LegalMan PP means Passport and yes you can apply
> In your experince when applying for PRP under section 27a (ii) , what the sort off key requirements?


Put simply, it's key to show that the job is needed, that you are the right person for the job and that you will stay in that job at least 5 years.

Good luck!


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## DumisaniBYO (Sep 12, 2014)

Hi

Just booked a date for my permanent residence permit application under section 27a

I have just received the check list from VFS and not sure about below ?

As I have a permanent contract already

*Section 27(a) of the Act
• Offer of permanent employment. (The work offer must clearly state the occupation to be followed
and salary and benefits offered and may not be older than three months at the time of submission.
The position is subject to confirmation by the Department that the permit is accommodated within
the yearly limits of available permits.)
• Proof by the employer that the position exists and that the position and related job description was
advertised as contemplated in regulation 23(1) and that no suitably qualified citizen or permanent
resident was available to fill that position.
• A certificate from the Department of Labour or an extraction from the database of a salary
benchmarking organisation detailing the average salary earned by a person occupying a similar
position in the Republic and that the terms and conditions of the work offer are not inferior to
those prevailing in the relevant market sector for citizens or permanent residents.*

Please advise


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## LegalMan (Dec 26, 2012)

DumisaniBYO said:


> Hi
> 
> Just booked a date for my permanent residence permit application under section 27a
> 
> ...


Advise what? What are you unsure of?


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## DumisaniBYO (Sep 12, 2014)

@ Legalman how do i prove 

*Proof by the employer that the position exists and that the position and related job description was
advertised as contemplated in regulation 23(1) and that no suitably qualified citizen or permanent
resident was available to fill that position.

• A certificate from the Department of Labour or an extraction from the database of a salary
benchmarking organisation detailing the average salary earned by a person occupying a similar
position in the Republic and that the terms and conditions of the work offer are not inferior to
those prevailing in the relevant market sector for citizens or permanent residents.*


Basically i have held this position for the last 3 years how do i prove the above ?


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## LegalMan (Dec 26, 2012)

DumisaniBYO said:


> @ Legalman how do i prove
> 
> *Proof by the employer that the position exists and that the position and related job description was
> advertised as contemplated in regulation 23(1) and that no suitably qualified citizen or permanent
> ...


You need to get these documents to prove it then. For example advertise the position again, get the DoL involved, etc.


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## DumisaniBYO (Sep 12, 2014)

@Legalman thanks for the information , will see how to prove the position was advertised 3 years ago .


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## LegalMan (Dec 26, 2012)

DumisaniBYO said:


> @Legalman thanks for the information , will see how to prove the position was advertised 3 years ago .


You can also do a new advert and sign a new contract and apply for PR starting now.


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## Skilled (May 10, 2011)

Why don't apply the Category 27(c)? That is the one for Critical skills/Exceptional Skills.

I have a the Category 27(a). The main things they wanted was my permanent contract and my Quota Work Permit. This one also has a condition where you should stay employed in the same field for 5 years.

I think both you can. When I applied for a PR they didn't ask for an advert. They needed a valid permit. In fact, I have never heard anyone producing an advert to apply for PR. Maybe it's something new.


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## DumisaniBYO (Sep 12, 2014)

@Skilled thanks for the input

Section 27(b) of the Act

• Testimonials from previous employers, if applicable.
• Comprehensive curriculum vitae.
*• A letter from a foreign or South African organ of state or from an established South African
academic, cultural or business body confirming the applicant’s extraordinary skills or
qualifications.*
• *Other proof to substantiate extraordinary skills or qualifications, such as publications and
testimonials.*

those two conditions are a bit tricky for me as i do not at present have them

*" I, Mr MKN Gigaba, MP, Minister of Home Affairs, hereby, in terms of sections 19(4) and
27(a)(ii) of the Immigration Act, 2002 (Act No. 13 of 2002), determine the following skills or
qualifications to be critical for the Republic of South Africa in relation to an application for a
critical skills visa or permanent residence permit "*

Quote above was from the Minister , my under standing is it if you are on the critical skills listing and have a permanent contract you can apply , and 5 years experience .

Or i missed something ?


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## Skilled (May 10, 2011)

You are right. From your quotes, 27(a) seems to be the way to go. You will have a condition though on it saying 'to remain employed in the same field for 5 years".


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## DumisaniBYO (Sep 12, 2014)

@skilled yes i did see that condition .................ok how would you define *field* { same job title or carry forward some of your old function to new position } i.e IT person to CIO


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## Skilled (May 10, 2011)

This is exactly what is on my category 27(a) PR



> To remain employed in the field in respect of which the Employment offer was made for five years


Type-writer used or a stamp.. . I am an IT person and I should remain in IT.


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## mbizi21 (Feb 7, 2015)

Hi Dumisani,

Saw ur post earlier on. Just wanted to find out how u manged to go about this? Did u manage to get the DZP first then apply or u got the change of status 1st?

Please share man. Inbox me. Thx


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## DumisaniBYO (Sep 12, 2014)

@Mbizi21

I submitted a " new " for CSV . This was before there was an announcement on the ZSP .


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## Taboka (Sep 16, 2015)

Hi DUmisani

Did you come right with your issue?


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## DumisaniBYO (Sep 12, 2014)

@ Taboka which one in particular are u asking about ?


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## kkvaraprasad (Sep 19, 2015)

Hi All, I am from India and I got critical skill visa in Sep'2015 and i am in a dilemma that when i can fly to South Africa. i am a Java Developer with 10+ years experience. will i have job opportunities there ? how much time it will take to get job in South Africa on Critical Skills visa for a Sr.Java Developer ?


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