On 29 May 2025, the Department of Employment and Labour published South Africa’s White Paper on the National Labour Migration Policy.
The document outlines the government’s official approach to managing cross-border labour mobility. It also sets the framework for how foreign skills will be accessed in the future. The new labour migration policy will shape business decisions for years to come.
For multinationals and large corporates operating in an increasingly global talent market, the policy introduces important developments. It also highlights areas where ongoing engagement between government and business remains essential. The new labour migration policy should be a priority in every organisation’s talent planning.
Critical skills attraction strengthened
The white paper reinforces the importance of attracting and retaining international talent. It continues to position the Critical Skills List as central to this effort.
Notably, the Department of Home Affairs has already implemented the Points-Based System. This replaces the need for labour market testing in Critical Skills and General Work visa applications. This is a welcome development. It significantly streamlines the application process for recognised skills and qualified expertise.
As implementation continues, consistent interpretation of point allocations will be important. Maintaining an up-to-date Critical Skills List will also be essential to realising the full benefits of this reform.
Quotas are coming, but must be backed by real evidence
The introduction of quotas for documented foreign nationals in certain sectors has long been debated.
Business had called for postponement. However, the white paper retains the measure with an important qualifier: quotas must be evidence-based. This presents both a risk and an opportunity. If informed by credible, real-time labour market data, quotas could serve as a useful planning mechanism.
Without accurate and timely information, the risk of disrupting access to essential skills will be significant. The new labour migration policy makes it clear that data quality will determine success in this area.
Spousal work rights – a game-changer for talent retention
Businesses and foreign professionals have been advocating for easing South Africa’s restrictive stance on spousal work rights. They have cited this as a barrier to relocation. The demand has grown in recent years with the rise in dual careers and remote working.
Our Critical Skills survey results of 2024 show that 96% of corporates and multinationals participating in the survey support work rights for spouses or partners of Critical Skills Visa holders. They believe this should apply once dependent status is recognised. The White Paper builds on the previous Labour Migration Policy.
The policy opens the door to automatic work rights for accompanying spouses of skilled migrants. This progressive shift aligns South Africa with global best practices. It will improve the country’s ability to attract and retain high-calibre talent. The change will be especially important in industries where relocating a family is a major decision-making factor.
Policy moves in the right direction, but we need real data
Throughout its submissions, the business has consistently called for a robust, integrated Labour Market Intelligence System. The white paper acknowledges this need. It also commits to improving data coordination between government departments. However, this remains a weak spot.
Without reliable, dynamic data to guide decisions on quotas, skills shortages or migration pathways, policy could become misaligned with market needs. Implementation of this data infrastructure must be prioritised.
Business must stay involved
The White Paper sets a constructive policy direction. However, policy alone is not progress. Success will depend on effective implementation, modernisation of visa systems and strong public-private collaboration in practice.
The message to employers is clear. Now is the time to review your global mobility strategy. Engage proactively with the evolving framework. Make sure you stay ahead in the race for talent under the new labour migration policy.
Marisa Jacobs | Managing Director | Xpatweb | mail me |
