The Race for International Talent

I was recently invited to attend the 10th Biennial IBA Global Immigration Conference as a speaker. The topic of our panel is “The Race for International Talent”. I'm supposed to share the African and in particular, South African perspective. I’m really struggling with what to say.

On the one hand, I would love to be positive and share with my esteemed immigration attorney colleagues that there are some interesting and promising African options. On the other hand, the facts, especially in South Africa, paint a very different picture.

In South Africa, we are losing the race for international talent. I hear from so many friends, colleagues, and network partners that Cape Town businesses cannot find suitable employees anymore. One of the very best law firms in our country is asking for referrals of young attorneys, because they cannot keep talent within their firm anymore. Their talent gets snatched up by the international players offering remote work in London and New York. I mentioned this development in one of my previous letters, and I stand by my words. The South African labour market is facing a huge skills crisis, and nobody seems to notice.

How can we Retain Talent?

A well implemented immigration policy could counterbalance the loss of talent. Just last week, I listened to a well-presented meeting held by the head of the Corporate Accounts Unit from the Department of Home Affairs, mentioning the war on international talent. Initially, I was hopeful, but as I continued listening to the presentation, it just confirmed of what we already know: South Africa’s always closing their borders to most skilled migrants.

In the last year, we have closed the door on foreign graduates of South Africa universities in Critical Skills subjects to apply for permanent residence, we have cancelled the job-seeker option for Critical Skills Visa applicants, we have increased the required education levels for most Critical Skills professions to a level 7 or 8 on the NQF SAQA requirements, and closed the door on any candidate status granted by professional bodies, since the Department of Home Affairs is requiring a fully-fledged registration with the professional body in order to qualify for a Critical Skills Work Visa.

While listening to this presentation, it became apparent that there seems to be a large disconnect between what Home Affairs is requesting and some of the requirements of these professional bodies. It seems to me that for foreigners, they cannot register them as full members initially due to reasons such as knowledge of local laws.

The General Work Visa is practically closed. This was confirmed last week when one of our clients shared their experience with the Department of Labour in Durban, whom she summarised as responsive but hostile. They have a clear mandate to protect the local labour market, and therefore are no longer issuing any recommendations.

Good News for our Neighbours

I would like to congratulate Namibia for introducing a Digital Nomad Visa about two weeks ago. While the six-month duration they are offering is in my opinion too short in an international context, it’s at least a step in the right direction, and puts Windhoek on the ever-increasing map of Digital Nomads. It’s a shame that our own Department of Home Affairs has not managed to offer anything in this regard in the last two years.

Looking to the Future

This afternoon, I will present in front of helpful founders of several international startups at the French South African Tech Labs, and sadly, I'm increasingly struggling to be positive about the investment options in South Africa.

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