Immigration Act, South Africa 2014 – expected changes
On March 20, 2014 / 2 Comments
Immigration Act South Africa 2014 changes – Expected Changes – Blog Series Part 3 – Release March 2014
The immigration landscape is changing in South Africa and we would like to provide some perspective and clarity amongst all the confusion. It is important to note that not all the immigration changes in the new law are bad. Some new requirements are in line with international practices that provide consistency with global immigration trends.
Furthermore, some of the immigration act changes aim to close loopholes that have, until recently, been greatly exploited to such a degree that the Department of Home Affairs deemed it necessary to amend the current legal framework. A number of circumstances, such as child trafficking, marriages of convenience, abuse by asylum seekers and refugees, and the use of cheap labour in favour of the local workforce, have all led to these changes.
The new immigration framework will no doubt require changes in the way that some of our clients deal with the recruitment of international staff and immigration matters. This is, however, where Initiate International Recruitment and Initiate Immigration with our expertise, can provide you with continued recruitment and
immigration support and practical solutions.
Immigration changes we can expect
- A Permanent Residency permit will be referred to as a visa and no longer as a permit.
- Visa applications are to be submitted in person by the applicant as the applicant will need to provide biometric information.
- Temporary Residency Visa applications, e.g. work visa, study visa, etc. will need to be submitted at the South African Embassy or South African High Commission in the country of residence of the applicant BEFORE the applicant departs for South Africa.
- The Department of Home Affairs in South Africa will only process visa extensions and visa category changes (provided that the initial visa is NOT a tourist visa or medical treatment visa).
These changes are in line with the practices in countries such as the UK, Germany, the US and others.
We would like to highlight a few immigration changes to specific visa categories that may impact your business.
Expected changes to Work Visas
- The Exceptional Skills Permit will merge with the Quota Work Permit and be replaced with the Critical Skills Visa, which will have a list of professional categories published with the qualifying criteria.
- Police clearance certificates MUST be included in the application, i.e. no more undertakings to submit the police clearance at a later date.
There are discussions that the Corporate Permit will only be available to companies in specific sectors, and that companies will need to prove that 60% of their workforce is local. These requirements have NOT been confirmed yet as it is still in the draft stages. We suggest that you schedule a consultation with Initiate Immigration to discuss alternative options for successfully applying for work visas for your international staff.
The good news is that Intra-Company Transfer Visa will be available for 4 years instead of the current 2 years. For some companies this may provide a solution to the adverse effects of the possible changes to the Corporate Visa.
Business Visa (for the purpose of setting up a business)
The Business Visa currently requires a capital investment of ZAR 2.5 million. We at Initiate Immigration anticipate that this amount could increase. Furthermore Business Visa applicants will need to confirm that after 12 months, 60% of the staff they employ will be South African citizens or Permanent Residency holders. The increase in capital investment will close the door to many who want to move to South Africa, but the requirement of having 60% local workforce within 12 months of starting the business will also make this visa attainable for many.
Life Partner Visa
The Life Partner visa that allows foreign nationals to stay with a South African partner will be affected by major changes. Proof of cohabitation and shared financial responsibilities for the 5 years preceding the application will be required. Couples already residing in South Africa, who have been together for less than 5 years, but where the foreign partner is already in possession of the Life Partner Permit which is due to expire in the following 12-24 months will need to find alternative visa solutions as a renewal or extension without meeting the 5 years’ cohabitation requirement will not be possible.
Final thoughts concerning the immigration changes
The immigration landscape is changing, and even though many in the immigration industry, including Initiate Immigration, are publically voicing our objections to some of the immigration and visa changes proposed by the Department of Home Affairs, it appears that government is set to push the immigration law changes through.
We at Initiate Immigration believe it is imperative to prepare our clients for these immigration changes by providing solutions that will allow us to move forward and deal with the immigration law changes.
Feel free to contact Initiate Immigration to discuss the proposed immigration changes and establish a visa option for you, your staff and colleagues.
Joachim
Latest posts by Joachim (see all)
- PART 1| Equality | SA Law - July 7, 2014
- Visitor’s Visa South Africa| No more ‘Border Hopping’ - June 2, 2014
- Directive 9 of 2014 bans foreigners with pending visa applications from re-entering South Africa - May 30, 2014
2 Comments
Hi,
What’s going to happen to the applications of those who have applied for permanent residency based on exceptional skill work permit, given that the skill work permit is no longer pArt of the new immigration law! Regards.
Excellent post. I definitely appreciate this website. Thanks!