Higher Education Immigration Compliance Warning: SA Institutions Warned Against Misusing Internationalisation to Evade Laws

South African Parliament's Urgent Call for Immigration Compliance in Higher Education Hiring

The Portfolio Committee on Higher Education and Training, alongside the Home Affairs committee, issued a strong directive on February 18, 2026, cautioning South African universities and Technical and Vocational Education and Training (TVET) colleges against exploiting the concept of internationalisation to bypass immigration and labour regulations. This joint meeting highlighted systemic issues in the employment of foreign nationals, emphasising that such hires must strictly adhere to the Critical Skills List and genuine occupational shortages, rather than displacing qualified local talent.

Chairperson Tebogo Letsie underscored the gravity of the situation, stating, “We have a serious problem in the sector where some universities and TVET colleges hire foreign nationals without following proper processes. This cannot continue at the expense of qualified South Africans.” The warning comes amid growing scrutiny over data inaccuracies and oversight lapses, prompting immediate calls for verification and transparency.

What Does Internationalisation Mean in South African Higher Education?

Internationalisation of higher education refers to the intentional process of integrating a global dimension into the purpose, functions, and delivery of post-school education, as outlined in the Department of Higher Education and Training (DHET) Policy Framework for the Internationalisation of Higher Education in South Africa. This includes student and staff mobility, international research collaborations, and curriculum internationalisation to enhance global competitiveness.

In South Africa, with 26 public universities and numerous TVET colleges serving over a million students annually, internationalisation aims to address skills gaps, foster innovation, and boost the economy. However, parliamentarians clarified that it does not permit circumventing laws like the Immigration Act (Act 13 of 2002), particularly Section 38, which criminalises employing undocumented foreign nationals.

Foreign academics have contributed significantly, especially in shortage areas like mathematics, but unchecked practices risk exacerbating youth unemployment, which hovers around 45% for those aged 15-34.

Revealing Statistics: Foreign Nationals in SA University Staffing

According to 2024 DHET Higher Education Management Information System (HEMIS) data, foreign nationals constitute 7.74% of the total university workforce, with South Africans making up 92.26%. Of the foreign staff, 82.89% are in instructional and research roles, indicating a focus on academic contributions.

In the TVET sector, oversight flagged at least 67 foreign nationals in positions unrelated to critical skills, underscoring compliance gaps. Historical trends show a gradual rise: from about 6.2% foreign students and staff in earlier reports, but precise academic staff data has been unreliable, hampering oversight.

• 92.26% South African staff in universities (2024).
• 7.74% foreign nationals, primarily academics/researchers.
• 67+ TVET foreigners in non-critical roles under review.

These figures, while modest overall, raise alarms when foreign hires occupy senior non-academic posts like principals or CFOs without proven shortages.

The Critical Skills List: A Core Compliance Pillar

South Africa's Critical Skills List, updated periodically by DHET and used by the Department of Home Affairs (DHA), identifies occupations vital for economic growth where local shortages exist. For higher education, this may include specialised academics in STEM fields, but not administrative or general roles.

Institutions must follow a step-by-step process:

1. Advertise positions locally and prove no suitable South African candidates.
2. Align the role with Critical Skills List categories.
3. Secure DHA work visas, ensuring knowledge transfer commitments.
4. Report to DHET for oversight.

Failure here leads to visa denials or penalties. Since 2020, over 4,913 critical skills visas issued nationwide, with higher education benefiting but now under stricter scrutiny.

Major Concerns: Data Deficiencies and Role Misalignments

Committees highlighted unreliable DHET data on foreign staff, making compliance monitoring impossible. Oversight visits uncovered foreigners in senior management (e.g., principals), CFO positions, and admin roles—far from critical academic needs.

Past examples include Central University of Technology (CUT) with 15% foreign workforce in 2025, sparking debates, though universities like University of the Free State (UFS) denied favouritism. Weak inter-departmental coordination exacerbates risks of undocumented employment.

Stakeholder Voices: From Parliament to DHET

Minister Buti Manamela acknowledged data challenges, pledging verification. Chairperson Letsie balanced support for vital foreign expertise—e.g., in maths—with demands for fairness: “Internationalisation is important, but it must not be used as an excuse to ignore immigration laws.”

Home Affairs Chairperson Mosa Chabane reinforced criminal liability. Universities South Africa (USAf) has advocated balanced internationalisation, noting 12% foreign staff in some reports, but stresses compliance.

Academics unions worry about job losses for locals amid 32% youth unemployment in graduate cohorts.

Impacts on Local Talent and the Job Market

Non-compliant hiring disadvantages South African PhD holders and lecturers, many struggling in a sector with staffing shortages yet high unemployment. This fuels xenophobia concerns and erodes trust in institutions.

Positive side: Compliant foreign hires enable knowledge transfer, as per DHET frameworks, boosting local capacity. For job seekers, platforms like higher-ed-jobs and university-jobs list compliant opportunities, prioritising locals.

• Risks: Perpetuates skills mismatches, increases graduate unemployment.
• Benefits: Fills genuine gaps, enhances global rankings (e.g., UJ tops QS Sub-Saharan 2026).

Practical Steps for Universities to Achieve Compliance

To avoid penalties, institutions should:

• Conduct thorough local recruitment before foreign hires.
• Verify all visas and report to DHET/DHA.
• Implement mandatory knowledge transfer programs for foreigners.
• Audit staff data annually for transparency.

DHET plans an interdepartmental committee for oversight, per 2025 announcements. Explore career advice at higher-ed-career-advice for navigating these changes.

Policy Evolution and Future Oversight

The Staffing South Africa's Universities Framework and Internationalisation Policy guide ethical global engagement. Upcoming White Paper review on immigration will influence visas. Committees plan Department of Employment and Labour meetings and site visits.

Optimistic outlook: Balanced approach could elevate SA HE, as seen in QS rankings where UCT and UJ lead Africa.

Photo by Nk Ni on Unsplash

Opportunities and Actionable Insights for Stakeholders

For aspiring academics, upskill in critical areas via scholarships or lecturer-jobs. Institutions: Leverage recruitment tools for compliant hiring. Rate professors at rate-my-professor to inform choices.

Embrace reforms for a fairer, more global SA higher education landscape.