# UPDATE: ICT and Critical Skills Work Visa



## LegalMan (Dec 26, 2012)

Hi all

Two new directives have been published for ICT and Critical Skills Work Visas:

1. ICT Visas: The directive issued by Home Affairs now states that such individual is entitled to apply for a further Intra-Company Transfer Work Visa for a maximum 4 year duration. Such application must, however, be made in that individuals country from which he or she was transferred. The application cannot be made from within South Africa.

2. Critical Skills: The directive confirms that so long as proof of registration with the relevant professional body is provided there is no need to submit an additional confirmation from the professional body as to the individual applicant’s skills, qualifications and working experience.

See more here: UPDATE: ICT and Critical Skills Work Visa | Immigration South Africa.


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## backlight (Sep 24, 2014)

*critical skills*

First of all thanks for the final update on the crtical skills visas LegalMan,
here is little piece of my story.

I am currently on a corporate work visas(for the past 2 years) with my company and this visa is expiring on 20th November 2014. 2 months ago i went to my home country to apply for a new critical skills work visa as first time application, as i am a Mechanical Engineer of profession and have a South African degree in my possession and i submitted a copy of my ECSA registration(which states candidate Engineer). 

My Application was rejected in August 2014 under the basis that i was an engineer in training and they didn't think im a critical skill. I totally agree with this.

Now after flying back to SA I approached the South African institute of draughting(SAID) which is well known by the DHA and they agree that I do fall under critical skills after checking my qualifications and experience. Would like to know if I have any chances of getting this visas by submitting a proof of registration and letter from the SAID or will it be rejected as well? can I add cv and reference letters from previous employers and current employers that will aid my application as i can get reference letter. 

Would like to know as I will be flying out of SA again for application.


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## LegalMan (Dec 26, 2012)

Yes, of course, you can apply. It is a new and separate application. I assume you are applying under Draughtsperson? Or rather let me ask you, which exact skill category are you applying under?


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## backlight (Sep 24, 2014)

Hi Legal, Thanks for your reply,

I wish to apply under draughtperson category as it forms part my daily work. But my concern is that my qualification doesn't say I am a Draughtperson even though it forms part of my daily work, and the institution affirms that I am critical under Mechanical engineering category. As they do recognize certain disciplines like Mechanical engineers, civil engineers and architects just to name a few. This is because all these professions do drawings at some point during their career. I know this seem all technical and all, but how do think dha will go about trenching this issue?

Or would they just decide to put me under whatever category.

The confusion is that the critical skills list does not match the various occupations and skills to specific institution or organs of states.


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## LegalMan (Dec 26, 2012)

backlight said:


> Hi Legal, Thanks for your reply,
> 
> I wish to apply under draughtperson category as it forms part my daily work. But my concern is that my qualification doesn't say I am a Draughtperson even though it forms part of my daily work, and the institution affirms that I am critical under Mechanical engineering category. As they do recognize certain disciplines like Mechanical engineers, civil engineers and architects just to name a few. This is because all these professions do drawings at some point during their career. I know this seem all technical and all, but how do think dha will go about trenching this issue?
> 
> ...


That professional body does engineers as well - you can register there. PM me if you are still confused.


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## backlight (Sep 24, 2014)

Ok,

But does this mean that i can register under Mechanical engineer category if i want to? As the institute already registered me as a Mechanical engineer.


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## LegalMan (Dec 26, 2012)

backlight said:


> Ok,
> 
> But does this mean that i can register under Mechanical engineer category if i want to? As the institute already registered me as a Mechanical engineer.


Yes.


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## backlight (Sep 24, 2014)

LegalMan said:


> Yes.


Thank you very much Legal. :fingerscrossed:


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## Macharia (Dec 27, 2014)

Hi
My problem is the opposite of Directive 22. I have a very comprehensive recommendation letter from my professional body and most importantly, it also contains my MEMBERSHIP NUMBER. It confirms my membership to the body.

However, a lady at the Embassy in my country has refused my application because i do not have proof of application for a certificate of registration. I asked her what she considers to be sufficient proof but she appears not to know.

How can i handle this situation ? Would the letter confirming my membership, skills, e.t.c. also serve a proof of application for a registration certificate ?


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## Maregere (Dec 29, 2014)

Hi 

Please help me. I want to apply for a Critical Skills Visa as a Java Developer. I have a one year course in Java Programming from a South African University at NQF 5 (24 Credits) done in 2012. My question is will this be enough for me to use or is there a specific requirement for a diploma/degree.

I have recently completed a BSc Degree in Computing(Oct 2014) and have been informed by a friend that I can not use it since its still new. Is this correct.

Will appreciate any sound advice.

Thank you


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## serene2014 (Dec 6, 2014)

Seasons Greetings Legal Man, 


I have just sent you an email under the ref: "Attention to Expats Forum Legal Man". Could you please check it out and update me. 

i really need urgent help

many thanks


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## LegalMan (Dec 26, 2012)

serene2014 said:


> Seasons Greetings Legal Man,
> 
> 
> I have just sent you an email under the ref: "Attention to Expats Forum Legal Man". Could you please check it out and update me.
> ...


Received - we will deal with this soonest.


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## SAtrotter (Jan 14, 2015)

*Proof of application*



Macharia said:


> Hi
> My problem is the opposite of Directive 22. I have a very comprehensive recommendation letter from my professional body and most importantly, it also contains my MEMBERSHIP NUMBER. It confirms my membership to the body.
> 
> However, a lady at the Embassy in my country has refused my application because i do not have proof of application for a certificate of registration. I asked her what she considers to be sufficient proof but she appears not to know.
> ...


You may have to register again just so you have a proof of application to go with the letter.


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## LegalMan (Dec 26, 2012)

Hi Maregere, 

The best way to find out whether your would be regarded as critically skilled in your category, is to contact the professional body. In your case you would be contact ITTPSA to see whether you could register with your qualification and whether they would deem you critically skilled.
Good Luck!
Let me know how it goes...


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## Wind Engineer (Aug 29, 2014)

I recently received my critical skills visa which says: "To secure employment as a Mechanical Engineer. To renew Visa upon submission of ECSA registration and an employment contract."

As far as I understand for the last part of the conditions, I have to show proof of permanent employment in my professional field. 
The first parts says I have to be registered with ECSA. When I was applying for this kind of Visa in November 2014 (took only 18 working days to be issued!) I only submitted my proof membership with SAIMechE, which is a voluntary association, and recognized by ECSA. 

Does anybody know what the process is to register with ECSA as a Candidate Engineer and if this category is enough to satisfy the Department of Home Affairs? 

I have critical skills in renewable energy technologies, especially wind energy with little job experience, but some testimonials from valuable wind energy companies in Germnay I did an internship or my Thesis with. I guess this would only qualify me for the Candidate Engineer proposal?

Many thanks!


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## Fynbos (Jan 8, 2015)

Hi Wind Engineer 

I'm pretty sure you've checked out the requirements and process for becoming a member of ECSA as a Candidate Engineer on their website. My advice would be to contact ECSA directly and enquire about the process for candidate engineers, since it's undergoing some changes and they might be implementing some of those changes already. Better to hear it straight from the source in this case.
Regarding DHA's requirements, the Immigration Act does not specify which membership within ECSA you should have, other than you should be a member of a SAQA recognized body. ECSA is the only professional body recognized by SAQA for Engineers, so as long as you can prove membership from ECSA, you will be good to go.

According to the Immigration Act, you will need to prove employment within 12 months after obtaining your critical skills visa (if you did not provide a contract of employment during your initial. An additional condition has been imposed to ensure that you prove membership of ECSA upon renewal of your visa.

Has your visa only been issued for 12 months, as is usually the case in these instances?


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## Wind Engineer (Aug 29, 2014)

Thank you very much Fynbos for your speedy reply! I did contact them last week, but still waiting for a response. 
That is correct, 12 month, but I want to go for PR now. I am actually also married (4 years) to a SA citizen and have two SA children with her. I thought they might issue PR through critical skills faster than trough being a spouse. Applying through your children doesn't work any longer as I read and heard a lot. 
Regards


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## Fynbos (Jan 8, 2015)

That actually opens up another possibility for you.

You would be able to qualify for PR based on your wife if you could perhaps prove that you were in a spousal-type (or life-partner) relationship for a year before you got married, i.e. that you have been together 5 years in total. You will need to show proof of shared finances, proof of cohabitation, and a notarial agreement & spousal affidavit. Additionally you will also have to get letters of confirmation from your friends and/or family to attest to your relationship having existed since then.

PR based on your minor child is only causing some uncertainty, because the regulations require a letter of financial and emotional support from the SA Citizen. If this is a minor child, how is that supposed to work then, some might ask. Some have concluded that it must therefore mean it's not possible to apply for PR on that basis then. We however believe the Act is clear under Section 27(g) "is the relative of a citizen or permanent resident within the first step of kinship" and it must include the most basic of kinship-steps, i.e. your child. We are therefore testing this section with a pending application, by providing substitute documents where a minor would not be able to provide it. The alternative of not being able to have your father or mother obtain PR and live you seems too ridiculous to simply accept without testing it thoroughly.


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## mbizi21 (Feb 7, 2015)

Thanks for the Update info LegalMan


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## LegalMan (Dec 26, 2012)

Wind Engineer said:


> I recently received my critical skills visa which says: "To secure employment as a Mechanical Engineer. To renew Visa upon submission of ECSA registration and an employment contract."
> 
> As far as I understand for the last part of the conditions, I have to show proof of permanent employment in my professional field.
> The first parts says I have to be registered with ECSA. When I was applying for this kind of Visa in November 2014 (took only 18 working days to be issued!) I only submitted my proof membership with SAIMechE, which is a voluntary association, and recognized by ECSA.
> ...


Hi Wild Engineer, 

Once you have registered with ESCA and received an offer of employment, you would need to apply for a change of conditions to your critical skills work visa through VFS in South Africa. 
The SA Embassy in Munich has clearly stated this request on your visa. To avoid any issues, I would follow their instructions. 
To be able to qualify for permanent residency on the basis of your critical skills, you would need to have had 5 years working experience in the Engineering profession. 

@Mbizi21 - It's a pleasure.


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## hk85 (Feb 26, 2015)

*Switch from ICT to critical Skills*

Hello,

I hope you can help me out.
I am currently in South Africa on the basis of an ICT Work Visa (Expat from Germany).

In the course of a new contract (switching from Expat Contract to permanent contract) I need to apply for a Critical Skills Visa.

Can you advise if I can apply for this new Visa from within South Africa?
Or do I have to leave the country and apply from Germany?

I have received conflicting information on this.
I hope someone can clarify...

Thanks,
Hannes


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## LegalMan (Dec 26, 2012)

hk85 said:


> Hello,
> 
> I hope you can help me out.
> I am currently in South Africa on the basis of an ICT Work Visa (Expat from Germany).
> ...


Hi Hannes, 

You are allowed to apply for a change of status within the country. Please make sure that you ICT visa doesn't have any restrictions endorsed onto the visa, saying no change of status allowed.


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## hk85 (Feb 26, 2015)

LegalMan said:


> Hi Hannes,
> 
> You are allowed to apply for a change of status within the country. Please make sure that you ICT visa doesn't have any restrictions endorsed onto the visa, saying no change of status allowed.


Ok, thank you very much. I was having conflicting information because the DHA call center said to me that I need to leave the country...so who is ultimately right?
What are the chances to get rejection by applying from within South Africa?

It is supposed to have changed with the beginning of this year...


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## LegalMan (Dec 26, 2012)

hk85 said:


> Ok, thank you very much. I was having conflicting information because the DHA call center said to me that I need to leave the country...so who is ultimately right?
> What are the chances to get rejection by applying from within South Africa?
> 
> It is supposed to have changed with the beginning of this year...


Hi hk85, 

It is your call to decide who is right. How about asking the person who works in the DHA call center, what section of the immigration act or regulations does it stipulate that you need to return to your country of residence to change the status from an ICT to another type of work permit. I promise you, you will be left with an aaaahhhhhh??


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## hk85 (Feb 26, 2015)

LegalMan said:


> Hi hk85,
> 
> It is your call to decide who is right. How about asking the person who works in the DHA call center, what section of the immigration act or regulations does it stipulate that you need to return to your country of residence to change the status from an ICT to another type of work permit. I promise you, you will be left with an aaaahhhhhh??


Thank you - that is a very interesting question indeed. I will also see my lawyer helping with the visa process on Tuesday. I will then update here on the latest news.
Thanks once more!


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## chal100 (Jul 3, 2015)

Hi hk85, 

Is there any update on your case discussed above?


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## Habibinna (Jul 7, 2015)

*are you SA?*

I'm Draftsman with 7 years experience in dubai. so wanna apply this visa can i have your Email or cell no?
Thanks


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## LegalMan (Dec 26, 2012)

Habibinna said:


> I'm Draftsman with 7 years experience in dubai. so wanna apply this visa can i have your Email or cell no?
> Thanks


Hi Habibinna, 

Have you got the necessary qualifications? Have you applied for a SAQA certificate yet?


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## Habibinna (Jul 7, 2015)

Thanks for Replay

I have Diploma in civil Draughtsman. and what is SAQA Certificate ? Please Explain and how i can apply from Dubai.


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## vinod bhatt (Jun 3, 2016)

Good day sir,

I am diploma in mechanical engineer and post experiance of 5 years can I apply for critical skill visa.


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## Kickagainstxenophobia (Feb 9, 2016)

You cannot apply for CSV with a diploma. You have to be a university graduate before u can apply for a critical skills visa and u must have had 5 years continuous experience prior to applying for a CSV.


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## itsrajatm (Jun 22, 2014)

LegalMan said:


> Hi all
> 
> Two new directives have been published for ICT and Critical Skills Work Visas:
> 
> ...


Hello Legalman,

Thanks in advance for your responses throughout the forum and i would really appreciate if you help me clarifying something based on IITPSA documentation.

I spoke to SA consulate in Mumbai to know if they require skill assessment letter as a mandate or membership document will do, there response was 'we know what directive 22 is but we still need skill assessment certificate from IITPSA'. That forces me to wonder is it simply a money making gimmick as they are not following their own directive and forcing us to spend for skill assessment? If i apply without skill assessment how likely is it to go through based on my credentials:
SAQA-done (Bcom,Post graduate diploma in information Technology management)
work ex: 7 years (Network Analyst, System Analyst and Business Analyst)
Please suggest the right course of action. Do u think if i apply without skill assessment and they reject then i can appeal and challenge their decision?


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## hk8565 (Jul 24, 2016)

*Candidate Engineer - critical skills work permit*



Wind Engineer said:


> Does anybody know what the process is to register with ECSA as a Candidate Engineer and if this category is enough to satisfy the Department of Home Affairs?
> 
> 
> Many thanks!


Hi Wind Engineer,

Did you receive an answer concerning your question whether a status of Candidate Engineer is enough to satisfy the Department of Home Affairs for a critical skills work permit? 

Thanks in advance!


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