Carte Blanche – Visa Vitriol

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The Department of Home Affairs introduced visa-handling service VFS in 2014 to streamline administration. But for foreigners – many of whom bring rare skills and investment into the country, applying to live and work in South Africa and complying with immigration regulations is still a nightmare experience. They report an expensive and cumbersome process in which the Department of Home Affairs allegedly rejects 40 percent of applications out of hand.

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Proposed amendments to Immigration Act will save jobs – James Vos

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The recently tabled Draft First Amendment of the Immigration Regulations made under the Immigration Act by the Department of Home Affairs (DHA), does nothing to address the loss of jobs in the tourism industry, including concerns raised by the tourism industry, government departments and opposition parties.

The Draft First Amendment is nothing more than a half-hearted attempt to address the serious problems with the current regulations and will result in the ultimate contraction of the tourism industry.

The reality is that no material changes will be affected by the error-ridden Draft. Rather, the wording of a few provisions have lazily been shifted around, in what can only be seen as an attempt to create the illusion of the DHA’s willingness to engage with criticism of its policies.

The contentious requirement that parents traveling to South Africa with their children must produce an unabridged birth certificate (UBC) has not been removed. Rather than actually change the regulations, it seems that the Department only reorganised the clauses, whilst the requirements essentially stay the same.

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DHA reduces requirements to obtain more Lesotho Special Permits

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On 27 September 2016, the DHA announced that Lesotho nationals may now apply for the Lesotho Special Permits (LSP) at the VFS application centres without their passports.

Lesotho nationals are still able to apply for the Lesotho Special Permit physically at the DHA offices till 31 December 2016, as the online applications have closed 30 September 2016. However, it is being considered that the online applications might get an extended time frame.

Prior to this new announcement, Lesotho nationals were required to have a valid passport that had to be valid for four years, or a travel document with a Lesotho ID number in order to get permission to stay in South Africa legally.

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Notice from the DHA on obtaining a South African Police Clearance Certificate

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From 1 October 2016 applicants are no longer required to go to the South African Police Station in order to obtain a South African Police Clearance Certificates. The process of obtaining a South African Police Clearance Certificate will be automated, the VFS office will run background checks of the applicants by use of their biometrics against the SAPS database (a fee of R175 will be charged). Once the electronic South African Police Clearance Certificate has been received, the VFS will combine the visa application along with the certificate and transfer the completed application to the DHA electronically.

Click here for a copy of the DHA Directive

Draft Amendment to the Immigration Regulations 2014

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The Department of Home Affairs (“DHA”) invites public comments on the draft First Amendment of the Immigration Regulations, 2014.

Written submissions should reach the DHA on or before 14 October 2016.

Click here for a copy of the High Court Judgement

High Court ruling – Holders of asylum seeker & refugees permits may now apply for the relevant immigration permits and visas

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The much anticipated ruling on Immigration Directive 21 of 2015, barring Refugees and Asylum seekers from applying for a change of status to any visa or permit in terms of the Immigration Act, was handed down by in the High Court of South Africa on 21 September 2016. It has been declared that Directive 21 is inconsistent with the Constitution of the Republic and therefore invalid and must be set aside.

The judgement further clarifies that  even  failed asylum seekers must be permitted to apply for a visa by affording them the same opportunity as illegal  foreigners in section 32 where allowing individuals to approach the Director-General  for authorisation to apply for a visa.

Click here for a copy of the High Court Judgement

The Importance of South African Permanent Residency to your Expatriate / Human Resource Strategy

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The work permit process can be time consuming and even painful, depending on your permit categorisation. One question often asked is whether an expatriate should not consider Permanent Residency application sooner, effectively lifting the expatriate’s status above the noise of normal work permit requirements. We found that there can be a significant upside however, depending on the complexities there may also be adverse consequences.

Why Permanent Residency?

Permanent Residency allows the holder to live and work in South Africa unlimited including the right to work without restriction, engage in business, own property, study and do all things a citizen is permitted to do with the exception of voting in the South African elections. You may only do so once you have been naturalised as a South African citizen. Permanent Residency in South Africa also allows its holder maximum flexibility with regards to entry and exit through the country’s borders. Read more

South Africa Not Renewing Zimbabweans Special Permits – Gigaba

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The almost 200 000 Zimbabweans currently on permits issued under the Zimbabwean Special Permit (ZSP) project, have to seek alternative permits if they wish to extend their work, study or stay in South Africa beyond 2017, Home Affairs Minister Malusi Gigaba has said.
“Those from Zimbabwe, as we announced last year when we announced the extension until December 2017, will in the meantime, between now and December 31st of 2017, have to regularise themselves in South Africa by applying for other permits and visas which are provided for in the Immigration Act,” Gigaba told reporters in Rustenburg in South Africa.
“The special Zimbabwe dispensation cannot exist forever. We therefore have to move towards a phase where we regularise them by ensuring that we provide them with visas in terms of the Immigration Act, and not through special arrangements.” Asked what would happen to the Zimbabweans based in South Africa if they have not attained other permits by December 2017, when their special dispensation permits expire, Gigaba said he wouldn’t speculate over the matter. Read more

Start-up visas: Countries draw top talent

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A growing number of countries determined to attract entrepreneurs to their soil are handing “start-up visas” to the best and brightest of them.

A start-up visa enables entrepreneurs to live and start businesses in countries where they are not citizens or permanent residents, for a defined period of time.

According to global entrepreneur network Startup Nations, at least a dozen countries now have start-up visa programmes. These include Australia, New Zealand, Singapore, the UK, Ireland, France, Spain, Italy, the Netherlands, Denmark, Canada and Chile. Startup Nations’ network continues to grow, and is expected to add the likes of Argentina, Poland, Norway, the Dominican Republic and Estonia, which plans to implement a start-up visa programme in January. Read more

Validity period of visas now solidified

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Effective 1 August 2016, visas will be issued with a “Valid From” date instead of an “Issue date” which will accurately calculate the expiry dates of visas. This is an issue that has been plaguing expatriate employees. The time employers have previously spent on correcting visas to ensure correct expiry date will no longer be necessary.

Directive 19 of 2016 was issued by the Department of Home Affairs to this effect.

Click here for a copy of the Directive