By Owen Magocha
16 October 2026 · 3 min read · South Africa
I have long told clients that the general work visa is the hardest South African work visa to obtain. People are sometimes surprised to hear me say it still is, after the 2024 reforms removed the labour certificate. The reason is that the difficulty did not disappear. It moved.
Who needs it
Section 19(2) of the Immigration Act provides the general work visa for a foreigner who does not fall within the critical skills category in section 19(4) and who complies with the prescribed requirements. In practice, it is the visa for a skilled job offer in an occupation the state has not declared scarce, where the intra-company transfer route does not fit. That makes it the default route for many people, and the one with the least built-in support.
Why it earned its reputation
Regulation 18(3)(a) requires a certificate from the Department of Employment and Labour confirming that, despite a diligent search, the employer could not find a suitable citizen or permanent resident; that the applicant’s qualifications match the job; that the salary is not below the local average; and that the contract complies with labour law.
Obtaining it meant advertising, interviewing, documenting why local candidates were unsuitable and then waiting on the Department, often for months. Waivers of the certificate were discretionary and slow. By comparison, a critical skills visa has never required a labour certificate, and an intra-company transfer mainly needs the corporate relationship, a contract of at least six months and a skills transfer plan, although it cannot be renewed.
What changed in 2024
On 8 October 2024 the Minister issued a blanket waiver of the labour certificate for general work visas adjudicated under the new points-based system, and partially waived the SAQA requirement. Home Affairs’ checklist no longer asks for the certificate. I explain how that waiver works, and why a holder of a certificate needs no waiver at all, in a separate article.
Processing improved too. Home Affairs reported that general work visas processed on time rose from 10% to 98% in 2024/25, and its current target is four weeks.
Why it is still the hardest
The new gatekeeper is the points test. A critical skills applicant scores 100 points from the occupation alone. A general work visa applicant has to build 100 points from qualifications, salary, experience, language and employer status. The arithmetic is unforgiving:
- a graduate with more than ten years’ experience, earning R800,000 a year and proficient in English, scores 90 and fails;
- the same person earning above R976,194 scores 110 and passes;
- below R650,976 there are no salary points at all, so without a critical skill or a Trusted Employer offer the ceiling is 90.
Put simply, the general work visa now favours well-paid professionals and the employees of Trusted Employers. For the many skilled people earning ordinary salaries, it is often out of reach.
Home Affairs’ own figures show how narrow the route is: general work visa applications typically average about 300 a quarter.
Why it is the most exposed to change
- The waiver is not law in the regulations. Regulation 18(3)(a) still prescribes the labour certificate, as the Minister confirmed in a parliamentary reply in April 2026. A waiver can be withdrawn by the Minister for good cause.
- The Employment Services Amendment Bill would require employers to establish that no suitable local person is available before recruiting a foreign national, allow sectoral quotas and impose substantial penalties. Public comment closes on 6 November 2026. It is not yet law.
- The Revised White Paper proposes merging the general work and critical skills visas into one skilled worker visa. That would need new legislation.
How to give an application its best chance
- 1Check first whether the occupation is on the Critical Skills List. If it is, the critical skills visa is usually the better route.
- 2Work out the points from the gazetted table, using the gross annual salary in the signed contract.
- 3If the employer recruits foreign talent regularly, consider the Trusted Employer Scheme for the 30 points.
- 4Start the SAQA evaluation early. Proof of application gives a 12-month visa; the full term follows the evaluation.
- 5Employers: keep a recruitment file showing your search for local candidates. The immigration certificate is waived, but labour law duties are not, and the new bill would strengthen them.
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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, 8 October 2024)
- Points-Based System, GN 5448, Government Gazette 51416 (18 October 2024)
- Parliamentary reply NW1144 on the labour certificate (2 April 2026)
- Portfolio Committee on Home Affairs: DHA performance briefing (17 February 2026)
- Portfolio Committee on Home Affairs: 2024/25 annual reports (10 October 2025)
- Employment Services Amendment Bill [B16-2026]
- Cliffe Dekker Hofmeyr: Employment Services Amendment Bill (13 August 2026)
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