The importance of South African permanent residency to your expatriate / HR strategy

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

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Since the release of the White Paper for International Migration in South Africa last year, more and more expatriates are seriously considering applying for Permanent Residency before this category is permanently removed from South African immigration law.

Why Permanent Residency?

Permanent Residency allows the holder to live and work in South Africa unlimitedly and includes the right to work without restriction, engage in business, own property, study and do all activities a citizen is permitted to do except for voting in the South African elections. You may only do the latter 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.

Where an expatriate and family hold this status, they no longer need to go through the work and residency visa process and for all practical purposes this means that the employer deals with a normal South African employee.

What does the Act say?

Permanent Residency is granted to a foreigner who can meet the criteria as set out in Sections 26 and 27 of the Immigration Act of 2002, as amended, and Regulations 23 and 24 respectively.

Section 26 is applicable to foreigners who have been residing in South Africa based on their work visas for a minimum period of five years and is also applicable to spouses and dependents of South African citizens or Permanent Residency permit holders.

Section 27 is applicable to foreigners who are in possession of a permanent work offer in South Africa, have exceptional skills and qualifications, intend to establish a business in South Africa, qualify as refugees, qualify as retired persons, are financially independent, are relatives (biologically or judicially adopted) of a South African citizen or Permanent Residency permit holder or have been in a spousal relationship with a South African citizen for more than 5 years.

A word of caution

Always keep in mind any adverse tax and exchange control considerations, meaning that whilst Permanent Residency may at first glance appear like a good idea from an entry perspective, from a holistic planning perspective, it may be considered a less favourable choice. This is where holistic consideration becomes important, i.e. the fiscal aspects and tax planning must be considered as part of the service.

Useful Facts:

  • The status of a Permanent Resident does not affect the holder’s citizenship. The Permanent Resident can obtain a South African identity book endorsed as “non-citizen”, but not a South African passport.
  • In some categories or instances, certain conditions are attached to the Permanent Resident permits issued.
  • The Permanent Resident process takes approximately 4 – 10 months and sometimes longer.
  • Spending a significant amount of time outside the country can result in loss of Permanent Residency.
  • Traveling in and out of South Africa becomes much easier and the tedious need for extending visas becomes a thing of the past.

Why permanent residency is important for expats

25 illegal immigrants nabbed for contravening immigration act

25 illegal immigrants nabbed for contravening Immigration Act

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At least 25 illegal foreign nationals has been arrested for contravening the Immigration Act, Cape Town Police said on Thursday.

The labour and home affairs departments accompanied by the police raided several Cape Town businesses alleged to be employing illegal immigrants after receiving complaints. The raids were conducted in China City in Milnerton and Canal Walk in Century City.

Twenty five illegal foreign nationals were arrested for contravening the Immigration Act.

”Random inspections at places of employment are conducted to ensure employers of foreign nationals comply with immigration laws. Employing foreigners who are not in possession of enabling documents is an offence. The department, working in partnership with other law enforcement agencies, will continue to enforce immigration legislation with no respite.’

The raids were carried out after several complaints were lodged with the departments.

Source: African News Agency/ANA

South African law enforcement agencies launch raids on illegal immigrants

South African law enforcement agencies have successfully conducted raids on illegal immigrants in Cape Town, rounding up a total of 25 suspects, authorities said on Thursday.

The raids were launched on Wednesday in two areas frequented by illegal immigrants, said Thabo Mokgola, spokesperson of the Department of Home Affairs.

The 25 illegal foreign nationals were arrested for allegedly contravening the Immigration Act, according to Mokgola.

More illegal immigrants will be arrested as investigations are continuing, he said.

Law enforcement agencies also arrested a manager at one of the restaurants that were visited, said Mokgola.

The manageer, he said, will be charged for contravention of the Immigration Act, which prohibits employment of illegal foreign nationals in South Africa.

Random inspections at places of employment are conducted to ensure that employers of foreign nationals comply with immigration laws, Mokgola said.

Employing foreigners who are not in possession of enabling documents is an offence, he added.

“Those who persist in flouting immigration and labor laws of the country will face the full might of the law,” Mokgola warned.

This is in support of the national drive towards safer communities wherein citizens and documented foreign nationals are and feel safe, he added.

Source: Coastweek.com

Illegal Nationals Arrested, including an Employer, as Dept. of Home Affairs Continue Inspections

South African law enforcement agencies have successfully conducted raids on illegal immigrants in Cape Town, rounding up a total of 25 suspects, authorities said on Thursday.

The 25 illegal foreign nationals were arrested for allegedly contravening the Immigration Act, according to Thabo Mokgola, spokesperson of the Department of Home Affairs. He said more illegal immigrants will be arrested as investigations are continuing.

Mokgola confirmed law enforcement agencies also arrested a manager at one of the restaurants that were visited. The manager, he said, will be charged for contravention of the Immigration Act, which prohibits employment of illegal foreign nationals in South Africa. Mokgola went on to say that random inspections at places of employment are conducted to ensure that employers of foreign nationals comply with immigration laws. Employing foreigners who are not in possession of enabling documents is an offence, he added.

“Those who persist in flouting immigration and labour laws of the country will face the full might of the law,” Mokgola warned. He said this is in support of the national drive towards safer communities wherein citizens and documented foreign nationals are and feel safe.

Source: Independent.ng

Media Statement of Immigration and Labour Raids in Cape Town

In response to complaints lodged, the Departments of Home Affairs and Labour, in conjunction with the SA police, conducted raids on businesses employing illegal foreign nationals, in Cape Town on Wednesday, 09 May 2018.

The raids were conducted in China City in Milnerton and Canal Walk in Century City. In total, 25 illegal foreign nationals were arrested for contravening the Immigration Act. The number of those arrested is expected to increase as investigations are continuing. A manager at one of the restaurants that were visited will be charged for contravention of the Immigration Act, which prohibits employment of illegal foreign nationals in South Africa.

Random inspections at places of employment are conducted to ensure employers of foreign nationals comply with immigration laws. Employing foreigners who are not in possession of enabling documents is an offence. The department, working in partnership with other law enforcement agencies, will continue to enforce immigration legislation with no respite.

Those who persist in flouting immigration and labour laws of the country will face the full might of the law. This is in support of the national drive towards safer communities wherein citizens and documented foreign nationals are and feel safe.

Source: Department Home Affairs

 

25 illegal immigrants nabbed for contravening Immigration Act

 

South African law enforcement agencies launch raids on illegal immigrants

 

Illegal Nationals Arrested, including an Employer, as Dept. of Home Affairs Continue Inspections

 

Is an African passport the right solution to SA's immigration problems?

Is an African passport the right solution to SA’s immigration problems?

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Enforcement

The home affairs department has warned that it has begun enforcing the law by conducting regular audits on employers to ensure that they comply with the regulations. This puts the onus on companies and organisations to ensure all their expatriate employees are correctly documented before they begin work.

According to one source, South Africa – about six times larger than the United Kingdom – has only 600 inspectors to service the entire country. Yet, about 3000 British inspectors cover the London area alone. Comparing the numbers, this makes the interception of illegal immigrants at border posts, the monitoring of foreigners within the country – legal or not – and the tracking of those who are undocumented or have overstayed their welcome a real and notable challenge for the department.

Agreeably, the home affairs department should make provision for any permit application that is being made, however it is evident that the high volumes are becoming strenuous for the department. By considering this and that the home affairs department is poorly funded by the government, grossly understaffed and the large influx of applications they receive on a daily basis, this enforcement is perhaps an attempt to improve the current immigration system and identify possible areas of improvement.

Is there a better way?

In contrast, many representatives of the African Union, of which South Africa is a member, are calling for an African passport that will facilitate freedom of movement across the continent. Such a system would certainly do away with the high cost and manhours needed to legislate and control the situation, but is it the right solution for South Africa?

One could look to the European Union whose members, in an effort to promote free trade, have allowed their people to move easily from one member country to the next. However, this freedom has an unwelcome side effect because it makes it easier for terrorists to find their way to target countries from those states with poor entry control. We see the tragic results regularly in news reports. Thankfully, South Africans have yet to experience a foreign terrorist attack on their soil. However, lacking our resources, this may be attributed in some degree to our conservative outlook on immigration.

This is not to say that we should take a Trump-like view of immigration or rule out the possibility of opening our borders one day.

The government and business certainly welcome expatriates who enter the country legally and bring with them the critical skills so urgently needed to be competitive in the global market. But today is not the right day, not for our society, our economy nor our national security.

Until then, the law remains and every organisation is obliged to ensure its foreign workers are employed legally and in compliance with the conditions of their visas.

Government and business alike certainly welcome foreigners who enter the country legally and bring with them the critical skills so urgently needed to be competitive in the global market.

Becoming compliant

Considering the above, it is important that employers make provisions and ensure that they are adhering to the law, advisably by keeping a copy of the Act at hand.

Will the home affairs department be able to check on every business to ensure they adhere to the law? Perhaps not, but with the consequence of a stiff fine or up to one year of imprisonment hanging over the heads of each company leader, HR manager or person responsible for employing the illegal foreigner, few will take the chance of a random inspection arriving at their door. Even for those who employ foreign nationals at much lower rates than local workers regardless of their visa status, the risk is not worth it.

This is compounded by the fact that the department has laid out definite plans to upgrade its systems and services following the implementation of the white paper on international migration, which is said to be concluded imminently, the department envisages to become completely digital by 2020. Organisations should start working towards complete compliance as soon as possible.

Getting help

As a first step, employers are advised to carry out a comprehensive audit of all their foreign national employees, bearing in mind that the law will assume they knew of any irregularities at the time of hiring and will be held accountable accordingly.

There are a number of expatriate services agencies in South Africa who offer visa checks and assistance with the necessary applications and corrections where required and can certainly make the process less burdensome. It also adds weight to an organisation’s case that they engaged an impartial third party, especially when an undocumented employee is discovered in theirs ranks.

SA looking at ways to simplify travelling with minors: Gigaba

SA looking at ways to simplify travelling with minors: Gigaba

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Current regulations introduced in 2015 state that if the minor is accompanied by one parent, there must be an accompanying affidavit from the other parent.

“We also looked at further simplification of the further requirement to travel with minor children. In that regard, we have tasked our respective teams to look at various measures that will make it easier for people to travel with minor children without compromising the security of children,” Gigaba said.

“We believe that there are a number of measures we can take, including looking at the best international practice that can assist us in this regard,” he added.

Source: eNCA

In-house Immigration Engagement Accountant

Immigration Engagements Accountant to Compliment Business Visa Service

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Amendments to the Immigration Act No.13 of 2002 make it possible for an Immigration Engagements Accountant to issue certificates for Business Visa purposes. Whereas before only registered CA(SA) could perform this function.

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