By Owen Magocha
16 October 2026 · 4 min read · Policy and law
A surprising number of applications arrive at Home Affairs with a valid labour certificate and a waiver application attached, just in case. That second document adds nothing but delay. To see why, you need to understand what a waiver is and what the October 2024 blanket waiver did.
The requirement
Section 19(2) of the Immigration Act allows a general work visa to be issued to a foreigner “who complies with the prescribed requirements”. Regulation 18(3)(a) prescribes a letter from the Department of Employment and Labour confirming that a certificate has been issued. The certificate confirms four things:
- despite a diligent search, the employer could not find a suitable citizen or permanent resident;
- the applicant’s qualifications or proven skills and experience match the job offer;
- the salary and benefits are not inferior to those of local employees in similar positions;
- the signed employment contract complies with South African labour standards and is conditional on the visa being granted.
What a waiver is
Section 31(2)(c) allows the Minister, on application and for good cause, to “waive any prescribed requirement or form”. A waiver is a remedy for a requirement you cannot meet. It is not an extra document to add to a complete application, and it is not a visa. The waiver letters themselves say so: a waiver is merely permission to submit an application and grants no status.
The blanket waiver of 8 October 2024
Instead of deciding waivers one by one, the Minister issued a blanket waiver, published by Home Affairs and dated 8 October 2024. It says that the requirements in regulation 18(3)(a) “are waived for general work visas adjudicated in terms of the Points Based System”.
It also partially waives the SAQA requirement in regulation 18(3)(b). If your SAQA evaluation is not yet available, proof that you have applied to SAQA gets a general work visa for 12 months. Submit the evaluation, and the visa is issued for its full period.
Home Affairs’ general work visa checklist, effective 9 October 2024, no longer lists the labour certificate. Regulation 18(3)(a) itself has not been amended: the certificate is still a prescribed requirement on paper, dispensed with by the waiver.
Why a labour certificate holder needs no waiver
Put the pieces together. If you submit a valid certificate, you comply with regulation 18(3)(a), and therefore with that part of section 19(2). There is no unmet requirement for the Minister to excuse. Applying for a waiver anyway is pointless, and individual waivers have historically taken months.
For applications decided under the points system, the point goes further: since 8 October 2024 neither the certificate nor an individual waiver is required. If you already hold a certificate, keep it in the file. It is useful evidence that the role and salary are genuine, supports your salary points, and shows the employer tested the local market.
When an individual waiver still matters
- Applications outside the blanket waiver. It covers general work visas adjudicated under the points system. Directive 10 of 2024 provided that applications pending before the points system started were decided under the old rules, and that ZEP holders follow their own special dispensation. In those cases, without a certificate, a waiver may still be needed unless another concession applies.
- Other requirements you cannot meet, such as a full SAQA evaluation beyond the 12-month concession, or other prescribed documents not already waived.
- If the blanket waiver is withdrawn. Section 31(2)(d) lets the Minister withdraw an exemption for good cause. I have found no withdrawal as at the date of this article, but check before you apply.
Some practitioners suggest a waiver can make up a shortfall below 100 points. That has not been tested, and the points system is set by notice rather than listed in regulation 18(3). I would not rely on it.
Other blanket waivers in force
- Directive 13 of 2026 (dated 2 October 2026) waives the rule that extension and change-of-status applications must be lodged at least 60 days before your visa expires. It covers pending and future applications, and appeals refused only on the 60-day point. You must still apply before your visa expires.
- Directive 10 of 2026 (17 July 2026) waives the medical report for temporary visas and permanent residence.
Employers: the labour side has not gone away
The immigration certificate is waived, but employers still may not employ a foreign national without a valid work visa under the Employment Services Act. The Employment Services Amendment Bill, open for comment until 6 November 2026, would go further and require employers to establish that no suitable local person is available before hiring a foreign national. Keep a recruitment record for every foreign hire.
Free PDF briefing · 5 pages
Keep this article as a PDF
A designed briefing to print, keep or share with your family or employer.
Download the briefingRelated services
About the author
Owen Magocha
Corporate and Wealth Migration Strategist, Mimshac Group
Owen leads Mimshac Group’s immigration practice. He holds an LLB from Nelson Mandela University and completed the Legal Profession Admission Board conversion studies for overseas-qualified lawyers through the University of Sydney. He advises multinational employers, families and private clients on South African immigration.
This article is general information on the law and practice as at 16 October 2026. It is not legal advice for your situation, and immigration rules and Home Affairs practice change often. Speak to us before you act.
Sources and further reading
- Ministerial waiver letter: general work visa (DHA notice, 8 October 2024)
- Ministerial Immigration Directive 10 of 2024: implementation of the points-based system
- Third Amendment of the Immigration Regulations, GN 5398 (9 October 2024)
- Immigration Directive 13 of 2026 (dated 2 October 2026), signed copy
- Ministerial Immigration Directive 10 of 2026, GG 55016 (17 July 2026)
- KPMG Flash Alert 2024-207: labour certificate and SAQA waivers (23 October 2024)
- Employment Services Amendment Bill [B16-2026]
Private question
Ask us privately
Your question goes only to our team, not to the comments. A consultant replies by email, usually within one working day.
Comments
Comments are public and appear once approved. Please do not share personal details or your case. For that, ask us privately.