Dear Clients, Partners and Friends,
Amid heavy winter rains and a welcome handful of positive signs from our political leaders (after a string of worrying ones), it is with a degree of wintery hope that I bring you the latest visa, immigration and citizenship news. The long-awaited Digital Nomad Visa (or Remote Work Visa) is becoming a tangible reality. Distressed Zimbabweans with ZEP permits have been granted another small reprieve whilst they await court rulings on their fate or outcomes of their visa applications. Interesting developments are under way, and more to come, following the report from the Presidential initiative called “Operation Vulindlela” – the one which has also had some success with addressing loadshedding. Interesting for locals: South Africans who take up another citizenship without asking for permission first, no longer lose their South African one. And permanent residents and citizens by naturalisation can again apply for their green ID books in the cities and no longer have to travel many hours to rural Home Affairs offices.
On behalf of the family of our sorely missed team member Gretta Jim who tragically passed away in a car accident on Christmas Day, I want to again thank all of you who so generously contributed to the fund that will provide some much-needed support to Gretta`s teenage daughter and granddaughter whom she cared for. Should you wish to become part of this initiative, please get in touch with us.
Today’s update includes:
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Digital Nomad Visa and Start-Up Visa: Coming soon
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ZEP Zimbabwe Exemption Permits extended once more
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Immigration Policy Review: Red Tape Cuts, and What Else to Expect
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Dual Citizenship for South Africans Possibly Made Easier
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(Green) ID Applications by Permanent Residents and Naturalised Citizens
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Status of backlogs and processing times
For details, please scroll down.
Yours sincerely,
Julia Willand
Digital Nomad / Remote Worker Visa and Start-Up Visa Coming Soon
South Africa is an important step closer to joining other countries with appealing climates, solid infrastructure, favourable exchange rates and friendly people, in introducing the long-anticipated “Digital Nomad Visa” or “Remote Worker Visa”. The visa will allow its holders to work for their non-South African employers or clients remotely from within South Africa. The exact nature of and requirements for the visa are set to be published by the end of this month, and an implementation could follow within months thereafter – if no further delays occur. Interested parties might possibly be able to apply for this visa as early as within 2023.
In terms of criteria, nothing has been confirmed, but a validity period of 12-36 months can be expected, proof of income or employment (other countries require a monthly income of as much as $ 5000) is likely to be required, as well as medical aid that is valid in South Africa. Further criteria might be added.
Please keep visiting our News section on the Imcosa website for updates in this regard.
Another new visa category that has been announced to come into place soon is a “Start-Up Visa”. It is likely that this will be aimed at recently registered, high-growth, high-tech companies, who have not yet distributed any profits, whose Research & Development expenditure makes up at least 15% of their turnover, and who have a patent secured or in process.
In the same vein of attracting visitors and investment, E-Visas are to be made available for an additional 20 non-exempt nationalities within weeks. Once glitches are removed and the process runs smoothly, nationals of the 34 countries in total will be able to apply for port-of-entry visitor`s visas without having to present to the South African mission or VFS office in their home country. Plans exist for additional visa categories to also become available via this platform in the future.
ZEP Permits Extended Until 31 December 2023
As was bound to happen, the Minister has extended the validity of ZEP permits (Zimbabwe Exemption Permits) by another 6 months until 31 December 2023. This is to allow holders to make waiver and visa applications and await their outcomes (Home Affairs has recently noted that up to 1 500 applications by ZEP holders were being received per day), and also to grant time for the three court cases that challenge the discontinuation of the ZEP regime, to take their course. Although the extension does not provide them with any certainty as to their future in South Africa, it does bring some relief to Zimbabweans who would have otherwise had to leave the country by the end of the month. Those who have not yet applied for waivers or visas can now still do so until the end of the year.
Against previous trends, the Department of Home Affairs has been granting waivers to ZEP holders who are in secure employment, who study or who otherwise qualify for another visa. If you would like to find out what your chances for a mainstream visa are, please get in touch with our team.
Immigration Policy Review: Red Tape Cuts, and What Else to Expect
In 2020, the Presidency appointed a task team under the name of “Operation Vulindlela”, mandated to accelerate structural reforms and address certain pressing challenges the country is facing. Amongst its tasks was the review of the regulatory framework and processes governing visas and immigration, and to cut red tape. In April 2023, Operation Vulindlela published its final report, and the Department of Home Affairs added to this an implementation plan outlining how it intended to put the recommendations into action.
No More Radiological Reports
Swiftly heeding one such recommendation, the Minister, in mid-April and with immediate effect, did away with the requirement for the so-called “radiological reports” in the context of visa and permit applications. This means that applicants for long-term first-time visas, extensions or changes, or for permanent residence no longer have to have chest X-Rays taken. It was found that these X-Rays no longer served much purpose. This change represents a significant relief to applicants` pockets, schedules and health.
Police Clearance Only for Last 5 Years
With a stroke of the same pen, the Minister substantially reduced the need for police clearance certificates. Up until mid-April, applicants for long-term visas or for permanent residence had to provide police clearances from countries they had lived in for more than 12 months “from the age of 18”. In some cases, this meant that applicants had to secure police clearance from many different countries, some of which they had no relations or contacts with anymore, and which required physical presence before they issued their clearances. It came as a great relief that this requirement now only relates to residence of 12 months and more during the 5 years preceding the application.
Trusted Employer Scheme (TES)
Another recommendation that is swiftly being actioned by Home Affairs is the creation of a system in which larger employers can be recognized as “trusted” by meeting certain criteria and committing to adhere to visa rules and processes. In exchange for this additional responsibility and risk, their staff will receive relevant work visas under reduced requirements and within vastly shorter timeframes. Key requirements are financial strength, training and upskilling of local staff, and being good corporate citizens.
The scheme reminds one of the Corporate Permit and Corporate Visa that still exists but is practically obsolete, but is currently only aimed at employers with over 500 staff and significant turnovers. For more information and assistance with your application to be included in the scheme, please contact our team.
Further Recommendations
Amongst other recommendations that may be implemented within the coming 12-24 months, are:
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Doing away with the need for professional body membership (critical skills visa)
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Doing away with the SAQA evaluation of foreign qualifications for those with job offers (possibly only applicable to TES employees)
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Introducing a points-based visa system
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Upgrading databases to address general work visa blockages
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Updating the critical skills visa list every 2 years, include a sector-based list (rather than specific positions)
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Expanding the E-Visa system to other categories than only visitor`s visas.
Dual Citizenship for South Africans Possibly Made Easier
Citizenship laws in South Africa provide that citizens who take up another nationality have to secure permission from the South African authorities first. If they fail to do this, they lose their SA citizenship (in some cases retaining the right to permanent residence) and can only have it reinstated if they move back home. Many South Africans have lost their citizenship in this way without knowing and only find out when they next apply for a new passport or ID document, or want to register the birth of their children. In a recent ruling and despite similar rules existing in other democracies, the Supreme Court of Appeals declared the rule to be unconstitutional and invalid. The court ruled that South Africans could not be stripped of their citizenship without their knowledge. The declaration of invalidity will have to be confirmed by the Constitutional Court, so for the moment it is wise to continue applying for the relevant permission before taking up another country`s citizenship.
(Green) ID Applications by Permanent Residents and Naturalised Citizens
South Africa`s “old” green ID books have gradually been replaced by the new SmartID card, which has been rolled out in stages over the last years. In contrast to South Africans who were born in South Africa, naturalised citizens and permanent residents cannot obtain the sought-after card, but need to be content with the old-fashioned green booklet. So far, this is not a major impediment. Per directive dated December 2022, the Minister took the differentiation to another level, though, and ordered that applications for green ID booklets could no longer be made at the modernised offices of Home Affairs (ie. those in or close to the major cities), but had to visit an unmodernised office. This meant that affected persons had to travel many hours to make their applications, and many more to collect their ID books.
As was to be expected, this irrational and unfair rule has started to be softened, and applications can now again be made in certain offices in the large cities. An official confirmation remains outstanding. For further information, please get in touch.
Decision-Making Quality, Processing Times and Backlogs
Our latest overview of average processing times and backlogs provides the rough trends which confirm the Minister`s admission to massive application backlogs (see previous news flashes). It is advisable to have these confirmed individually, as they may differ from case to case.
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Permanent Residence: 3-5 years and longer (exceptions: critical skills 12 months and less; recent results in other categories 8 – 10 months)
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Temporary visa applications: 8-12 months (except visitors, business and critical skills: 1-6 months)
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Visa applications abroad: 3-12 weeks, depending on category and location; backlogs from last year are largely cleared with some exceptions
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Appeals: 2-9 months
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Citizenship: certain processes 6 months, others longer
Whilst the bulk of decisions received by IMCOSA are currently correct, there remains a regular flow of inexplicable and unjustifiable rejections based on the most imaginative reasons. Whenever a trend is detected, we help address these with the authorities, and some are stopped before causing too much harm. However, not all rejections can be prevented, making it necessary for us to support our clients with lodging appeals.
As per usual, you are welcome to contact our team with any questions you may have.