Dear Clients, Partners and Friends,
Following the ANC’s loss of its majority after the general elections of 29 May, the country is holding its breath for the outcome of coalition negotiations and the formation of a new government. Whether the Home Affairs portfolio will be run by an ANC, EFF or DA Minister in the future, will significantly shape the immigration landscape and policies.
For those who missed the latest updates, herewith the key pieces. We will continue to keep you informed of the developments via our website and social media. Follow us on LinkedIn and Facebook, where important news is regularly published ‘live’ as and when developments take place (see relevant links below).
Today’s update covers:
- Digital Nomad Visa and other visa changes – This time to stay.
- Why you should care about the White Paper on Immigration
- Trusted Employer Scheme (TES) to be opened up for more applications soon.
- Backlogs, processing times, underlying reasons and trends.
For detailed information, kindly scroll down.
Yours sincerely,
Julia Willand
Digital Nomad Visa and other visa changes – This time to stay
On 12 April, after having to withdraw the latest Amendment Regulations because of having ignored public comments, the Minister promised a revised version within a week. On 20 May, more than a month later, that version was published, with a few significant improvements but sadly also major uncorrected and new errors. Be that as it may – the Digital Nomad Visa is here, this time apparently for real. Read on for key changes:
- The Digital Nomad Visa is now available to persons working remotely in South Africa for foreign employers, or who otherwise derive an income from a foreign source through remote work. Their gross income must be R 1 million per annum or more. The visa will be issued for up to three years. Details (e.g. how the income can be proven when there is no fixed salary) will have to emerge in the coming weeks as the new system is tested.
- Critical Skills Visa: Those who have been struggling to secure the required professional body membership for their skills category (such as engineers, scientists, and medical professionals), may be in for a slight relief. The Critical Skills Visas can now be issued for 12 months whilst the registration process is ongoing, and for five years once it is completed. Other onerous requirements remain, and the impact may therefore be less significant than anticipated.
- Points-based work visa system: Replacing the current (dysfunctional) General Work Visa with a points-based system is an important change, and will hopefully make it easier for employers to recruit much-needed foreign skills and experience. Considering factors like age, qualifications, language skills, work experience, offer of employment, and salary, should allow for greater flexibility and make the system more modern and responsive to developments in the labour market. There was some confusion as to what visa category exactly this system is supposed to replace. Although the Minister assured the public in several interviews that the change targets only the General Work Visa, and specifically its requirement of input from the Department of Employment and Labour, the wording of the final Regulations is still misleading and suggests that the points-based system applies to all work visa types. Details of the new system are still to be gazetted, and hopefully any ambiguities will be clarified then.
- Parents of SA citizen or permanent resident children can now apply for all visas in-country, without having to be separated from their children for long periods of time. This applies even if they last entered the country as tourists or previously held a spousal work visa.
- The Regulations still contain a number of inconsistencies and contradictions where not all changes were translated into the forms (For instance, the points-based system, the option of a Critical Skills Visa for 12 months, or the Digital Nomad Visa). Teething problems are therefore to be expected.
For individual advice and support, feel free to reach out to our immigration specialists.
Why you should care about the White Paper on Immigration
Touted as a “complete overhaul”, the Ministry of Home Affairs published the extensive new “White Paper on Citizenship, Immigration and Refugee Protection” in April 2024. Placing the blame for backlogs, irregular migration, inefficiency, fraud and corruption everywhere but in its own back yard, it is a pre-election attempt to distract from the Department’s failure to deliver.
How does this affect you?
- Permanent residence for South Africa may no longer be permanent, but instead limited in duration.
- Intra-Company Transfer Visas, Corporate Visas, and Relatives Visas are amongst the entirely sensible (and very much distinct) visa categories that are earmarked for being scrapped. What they may be replaced with, and whether their holders will continue to be welcome in South Africa, has been left unclear.
- If you are, or employ an asylum seeker or refugee, prepare for significant curtailments: The proposal is for asylum seekers’ and refugees’ rights to a) work, b) education, and c) free choice of residence to be removed, amongst other things. One may imagine refugee camps along the borders. Companies depending on language and other skills often found amongst asylum seekers and refugees, may expect to have a harder time recruiting.
The proposed changes will not solve persistent backlogs in visa, permanent residence and asylum & refugee processes. The enormous project envisaged will almost certainly make them worse. The changes will not do away with corruption or improve the quality of decision-making. As a result, taxpayers’ money will continue to be spent in the millions on lost court cases.
A counter-example: The Westen Cape government, through a team of consultants, has embarked on a stakeholder engagement project to identify key challenges and devise practical solutions in the immigration domain. IMCOSA was invited to participate in the process as one of the stakeholders, and we were pleased to experience pro-active, hands-on and transparent efforts to improve the system.
Past White Papers on migration have not been translated into law. One can only hope that, post- elections, this latest iteration will face a similar fate.
Trusted Employer Scheme (TES) to be opened up for more applications soon
Reports indicate that the 68 corporate employers who were accepted into the new Trusted Employer Scheme (TES) are starting to enjoy its benefits with very short turn-around times and reduced documentary requirements for their staff.
Another round of applications is set to be opened in the coming months. If you are a large employer with substantial investment in the country and regular visa needs, consider preparing your application now.
Tough stance taken on South African companies employing undocumented non-nationals
The Minister of Employment and Labour (DEL) Thulas Nxesi has warned South African companies against employing undocumented non-nationals in their workplaces. During recent operations mostly in the wholesale and retail industries, the DEL together with other law enforcement agencies, issued contravention notices, fines and compliance orders and made numerous arrests. These types of joint inspections are set to increase in an effort to enforce compliance with applicable laws.
Proactively managing the risk of non-compliance becomes paramount for businesses reliant on non-South African staff. Employers bear the responsibility of ensuring their team possesses the correct documentation allowing them to work for them in South Africa.
Employers can safeguard themselves and their businesses by having their staff’s and new recruits’ documents verified well before any inspections take place. IMCOSA offers a verification service that produces certificates confirming the validity or irregularity of staff statuses.
For full compliance, predictability, and peace of mind, let us secure swift and dependable verifications for you and your teams.
Backlogs, processing times, underlying reasons and trends
According to statements made, the Department of Home Affairs is undergoing a modernisation project that will improve its ability to verify documents and claims made in applications. This is hoped to speed up the processing time and more easily determine when fraudulent or false claims are made in applications. The Department remains particularly sceptical of spousal relationships and marriages with South African citizens and will continue to focus on verifying their veracity.
In line with requests made by Imcosa and others in the industry, applications by family members accompanying persons applying for Critical Skills Visas, are in future to be processed together with those of the main applicant and should therefore be adjudicated at the same time. This will allow successful applicants of Critical Skills Visas to start their positions immediately, without having to wait for months until their families can join them.
Due to the recent national elections and the change in government, information from parliament is not available for the moment. However, Imcosa has experienced a positive trend in processing times and results for long-outstanding applications being received. Below are the latest largely unchanged averages, which should not be relied upon or taken as legal advice. Please speak to your consultant for case-specific estimates.
- Permanent Residence: Critical skills, work and business 6-12 months; all others 3-5 years and longer (further exceptions in financial independence: 6-18 months)
- Temporary visa applications: tourist visa extensions 1-3 months; critical skills and business visas 1-3 months; study visas 3-7 months, most others 12 months and more
- Visa applications abroad: 2-16 weeks, depending on category and location
- Appeals: temporary residence 12 months and more; permanent residence at least 18 months (some now received within 6-9 months)
- Citizenship: certain processes 4-6 months, others significantly longer
Top challenges (unchanged):
- Visas for family members accompanying work, business or study visa holders
- Visas for spouses of South African citizens or permanent residents
While applications managed by IMCOSA still enjoy a high success rate, unfounded rejections are encountered from time to time. By promptly adjusting our advice to changing trends and providing cautious guidance, we manage to keep these cases to a minimum.
For any questions regarding active or planned applications, feel free to reach out to us.