South Africa has taken a welcome step toward easing long-standing restrictions that make it difficult for spouses of Critical Skills Work visa holders from working in the country. Excluding accompanying partners — many of whom are highly skilled in their own right – from the labour market has long been seen as undermining the country’s competitiveness in attracting scarce global talent.
The Draft Revised White Paper on Citizenship, Immigration and Refugee Protection (CIRP), published for public comment in December 2025, proposes that spouses of skilled worker visa holders be permitted to apply for work authorisation through the Point-based system, with certain requirements begin relaxed. Importantly, these spouses would continue to be admitted as dependants, but with a clearer pathway to labour market participation.
Experts say the proposal stops short of granting direct work rights to spouses, which has long been cited as a decisive factor disqualifying South Africa as a destination when foreign professionals with scarce skills are considering overseas assignments.
Marisa Jacobs, Managing Director at Xpatweb, says although the White Paper does not propose automatic rights to work for spouses of Critical Skills or Intra-Company Transfer visa holders, it does address exclusion from the labour market.
Public commentary on the draft document is now closed, and the industry is awaiting the Department of Home Affairs’ (DHA) final version to see which proposals have been amended or will be enacted.
Evidence That Dual-Career Opportunities Matter
Jacobs says such a policy shift will represent meaningful progress toward international best practice, as both local and international surveys show that partner work restrictions are a major deterrent for highly skilled and globally mobile professionals.
In the recent 2025 Xpatweb Critical Skills Survey, which assesses skills South African employers struggle to recruit locally, 100% of respondents identified dual-career partner considerations as increasingly important. This is up from 84% in 2024.
The survey further found that 68% of international professionals enquire about partner work rights in the host country before accepting a position in South Africa. “It is evident that access to employment for accompanying partners is a deciding factor in whether top-tier talent chooses South Africa or not,” Jacobs adds.
More than half of respondents to Xpatweb’s survey reported that employees in their organisations had declined international assignments over the past three years due to partner employment constraints.
Helen Frew, Executive Director at Permits Foundation, an international not-for-profit organisation that advocates in countries such as South Africa for direct work access for accompanying partners, says their research shows that nearly 94% of global mobility professionals believe family members should be authorised to work in the host country directly once recognised as dependants.
“Improved spousal work access in clearly defined categories (including intra-company transferees) would be hugely welcomed by employers. It would also very neatly meet the key government objective of attracting and retaining skilled migrants and businesspersons who contribute positively to the economy,” Frew noted.
Reform Gaining Traction Across Government
Encouragingly, support for this reform is gaining traction across government, business, and policy circles in South Africa, says Jacobs.
In May 2025, the Department of Employment and Labour’s White Paper on National Labour Migration Policy, explicitly endorsed the automatic issuance of work visas for spouses of Critical Skills Work Visa holders, recommending that this also be extended to spouses of Intra-Company Transfer Work Visa holders. The Department acknowledged spousal work access as a decisive factor in retaining highly skilled migrants.
Jacobs, who represents organised business on the Minister of Home Affairs’ Immigration Advisory Board, notes the DHA also undertook in 2025 to consider a proposal on spousal work rights for Critical Skills Work Visa holders employed by companies recognised under the Trusted Employer Scheme (TES).
The Economic Case is Compelling
Jacobs says that the global race for sough-after talent, particularly in engineering, ICT (including artificial intelligence), and artisanal trades, is a key reason many governments allow direct work access for accompanying partners.
More than 40 countries, including Canada, Australia, the United States and New Zealand, already permit direct employment access for certain categories of accompanying spouses or partners.
This policy is not only about attracting international skilled employees, but also retention. According to Frew, over 40% of global employers participating in Permits Foundation research reported that assignments were cut short in the past three years because partners were unable to work legally.
Speaking at the Xpatweb Global Mobility Conference in August 2025, Deputy Minister of Finance Ashor Sarupen highlighted the multiplier effect of skilled migration, noting that for every highly skilled worker brought into South Africa, seven unskilled jobs are created.
Permits Foundation data further shows that 88% of partners of high-skill expatriates hold a bachelor’s degree or higher qualification, representing a readily available pool of skilled talent that could contribute meaningfully to the South African economy.
Momentum Toward Better Global Competitiveness
While the CIRP White Paper does not yet go as far as granting automatic spousal work rights, experts agree that formally recognising and addressing labour market exclusion is a critical first step.
“South Africa is still behind many of its peers, but the fact that this proposal has been put forward is a welcome development. It is one that could be implemented relatively easily, with significant economic and social benefits,” Jacobs says.
“The momentum is building and that is a very encouraging.”
SA Draft White Paper Signals Welcome Shift on Spousal Work Rights for Skilled Visa Holders20/02/2026 - 14:13
Inside South Africa’s Immigration Reset: Economic Merit, Retirement Visa Restrictions and Taxing All Immigrants on The Cards08/02/2026 - 22:13
Home Affairs Makes Good on Its Promise with Online Platform to Restore Unconstitutionally Lost SA Citizenship08/02/2026 - 22:10
SARS Keeps Their Eyes on All Travellers Entering and Leaving South Africa – What You Need to Know08/02/2026 - 22:06
Foreign Professionals Hesitate to Relocate to South Africa as Spousal Work Access Remains Restricted08/02/2026 - 21:58Work Permits SA subscribe to Google’s rules on transparency. We are a privately-owned immigration practice and as such comply with the Immigration Act of South Africa. We are not the South African Government. We charge for our expertise in successfully applying for temporary and permanent residence services. Forms that are supplied during the process can be collected free of charge at any Department of Home Affairs office but are provided as part of the service. Users who wish to do so can contact the Department of Home Affairs directly at www.home-affairs.gov.za.
| Cookie | Duration | Description |
|---|---|---|
| cookielawinfo-checkbox-analytics | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". |
| cookielawinfo-checkbox-functional | 11 months | The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". |
| cookielawinfo-checkbox-necessary | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". |
| cookielawinfo-checkbox-others | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. |
| cookielawinfo-checkbox-performance | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". |
| viewed_cookie_policy | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |