Do ZEP holders still need to apply for skills waivers from the South African Qualifications Authority and the labour department to confirm their qualifications?

The long answer

Until the issuing of Circular 7, applications for a General Work Visa for a ZEP holder required the employer to apply to the Department of Employment and Labour (DEL) for certification to confirm to the Department of Home Affairs that there were no suitably qualified South African candidates for the position, and to the South African Qualifications Authority (SAQA) to confirm that the foreign applicant had the necessary skills and qualifications for the job.  

In terms of Circular 7, ZEP holders who want to apply for general work permits must apply for a waiver of the SAQA evaluation requirements and the DEL recommendation that would otherwise be required in terms of regulations 18(3)(a) and 18(3)(b) of the Immigration Regulations. 

Essentially, Circular 7 means that the process of obtaining a general work permit from the Department of Home Affairs is now made easier by applying for a waiver instead of the employer having to apply for SAQA and DEL approval to be sent directly to Home Affairs. 

An article by Eisenberg and Associates clarified that such approval had been virtually impossible for ZEP holders to obtain anyway since the Amended Immigration Act came into effect on 26 May 2014. This is because the DEL generally strove to protect South African labour and refused to issue the required certification for general work permits in terms of regulations 18(3)(a) and 18(3)(b) of the Immigration Regulations. 

Thus, Circular 7 streamlines the process for ZEP holders who are legitimately employed to apply for a waiver of the SAQA and DEL requirements.

IBN Immigration Solutions sets out the process to transition from ZEP to a General Work Visa:

1. Apply for a waiver, which might take three to six months.

2. Receive your waiver letter from Home Affairs, which should state that the requirements for SAQA certification and DEL recommendation are waived for your General Work Visa application.  

3. Take the waiver to VFS and apply to the General Work Visa.

iAfrica quotes Schreiber as saying that “It should be noted that the waiver only enables ZEP holders to submit applications more speedily and does not influence the subsequent outcome of any application. All relevant criteria must still be met for a specific application to be successful.”

Wishing you the best,
Athalie