62 percent in African migrants

62% rise in African migrants

The 2011 South Africa population census shows that migrants from African countries to South Africa totaled 1 636 761, or 75.3 percent of all foreign-born people in the continent’s most sophisticated economy. StatsSA said that this figure had massively increased between 2011 and the end of 2018.

“Evidently these numbers have increased since 2011, and while it is estimated the total foreign-born (populace) has increased by about 62.5 percent (2.1 million to 3.6 million) in the period 2011 to 2018, the increase among African migrants may differ from the total,” Diego Iturralde, the chief director for demography at StatsSA said.

South Africa has increasingly become attractive for migrants seeking better employment prospects and those running away from crisis situations in regional countries such as Zimbabwe, Mozambique, and even as far afield as Somalia.

The South African migrants from across Africa have been important for South African companies who are tapping into their skilled labour. Others also provide labour on farms and in some factories.

The South African media has reported that the ANC is keen to tackle the issue of undocumented migrants in its campaign for this year’s elections.

President Cyril Ramaphosa has also said that the country needs to manage growing regional immigration trends to South Africa.

StatsSA said based on the 2011 census, about 910 752 (migrants) were employed, which equated to an employment rate of 80.5 percent. This number was also estimated to have risen significantly.

“This figure is based on the employed/unemployed, of which the latter is made up of people looking for work or attempting to start their own work or working in kind. It excludes people who are not looking for work or those studying, etc.

“The data is, however, unable to determine whether they worked for South African companies or companies of other nationalities,” said StatsSA.

Other experts highlight that the figure of employed African migrants in South Africa would have significantly increased. However, South Africa is now reviewing the employment conditions of foreign nationals.

South Africans are currently invited to comment on the Draft Regulations on the Employment of Foreign Nationals released by the Department of Labour.

Towards the end of last year, discussions arose around the impending implementation of Section 8 of the Employment Services Act pertaining to the employment of foreign nationals.

The regulations centre on the protection of local labour by first seeking employers to exhaust the local labour market before looking at employing foreign nationals.

Remittances by migrants from Zimbabwe, Lesotho, Mozambique, and Malawi who are settled in South Africa have been key in the survival and education of relatives back home.

StatsSA said about 60 percent of the employed migrants “worked in the formal sector”, while 18 percent were employed in households, with the remaining 3.1 percent not knowing their sector.

“The largest group in South Africa is that from Zimbabwe (Census 2011) with a total of 672 308 of which 391 992 were working in SA.”

However, the UN Population division estimates in its latest stats released in 2017 that there are about 4 million migrants settled in South Africa.

Stats SA says “the number of 4 million for 2017 is on the high side”.

The UN Population department says there are more Mozambicans in South Africa than Zimbabweans, a key statistic with which StatsSA does not agree. Most expat Zimbabweans – who have largely sustained their relatives back home through remittances – have been streaming back into South Africa after the festive season holidays.

But there are South African concerns that the number of those seeking greener pastures south of the Limpopo have increased owing to continued economic hardships rocking Harare.

Estimated figures suggest that as many as 3 to 5 million Zimbabweans are living in the diaspora, including the UK and Botswana, but more than half of these are said to be in South Africa, which is also Zimbabwe’s biggest trade partner.

Due to illegal border crossings from Zimbabwe to other counties, official Zimbabwean data are incomplete.

Zimbabwe immigration officials say nearly half a million people, most of them traveling for the just-ended holidays, entered and exited through the Beitbridge border post.

A worsening of the economy could drive even more Zimbabweans into South Africa, where there have been issues with obtaining work and study permits.

“The economic and political crisis in Zimbabwe is worsening. This affects our neighboring countries, particularly South Africa,” Jacob Mafume, a spokesperson for the main opposition MDC Alliance, said.

“The economic crisis has the effect of causing a burden to South Africa, because of the exodus of people who are fleeing the worsening economy.”

However, it is no easy feat for any Zimbabwean to settle, let alone obtain a work visa unless one holds qualifications in areas deemed by Pretoria to have a shortage of critical skills.

South Africa had set October last year as the deadline for applications for Zimbabwean Exemption Permits, which allow Zimbabweans with non-specialist skills to stay in the country for up to four years, according to reports.

However, the permits will cover only a small fraction of Zimbabweans in South Africa. Other special permit dispensations cater for as many as 250 000 Zimbabweans staying in the country.

Other Zimbabweans, Mozambicans, and Malawians, among other regional nationals, are irregularly settled in South Africa and face daily risks of deportation, while there is also a big number of informal traders who temporarily stay in South African cities to sell goods from their home countries.

In 2018, there were more Zimbabweans and Malawians arriving in South Africa than from any other African country through land ports of entry.

Source: Business Report

Author: Tawanda Karombo

VFS update regarding appeal applications

News Flash VFS Update Regarding Appeal Applications

Applicants are requested to refer to the below before applying for an appeal application:

  • Applicants will only be able to apply for an appeal application once their previous application has been collected from the VFS application centre.
  • Applicants will only be able to submit an appeal application within 10 days of collecting the rejected outcome.
  • Applicants can only appeal once under the appeal category 8(4) and if rejected for the second time they will have one last opportunity to submit a final appeal under appeal category 8(6) which is then submitted for the review of the director general.
White paper on the repositioning of Home Affairs: Public encouraged to provide comment

White Paper On The Repositioning Of Home Affairs – Public Encouraged To Provide Comment

The Department of Home Affairs released a Discussion Paper on its Repositioning for public comment in May 2017. The inputs informed the drafting of the White Paper that will provide the policy framework for drafting legislation that will define the mandate, role, status and obligations for Home Affairs in the future. This white paper is now available for public comment and discussion.

Click here to view the White Paper on Home Affairs.

Source: DHA

Draft regulations on the employment of foreign nationals

Draft Regulations on the Employment of Foreign Nationals

The Draft Regulations (click here for a copy) include proposals affecting the applications of work visas, corporate visas and the submissions of skills transfer plans.

The Regulations centers around the protection of local labour by first seeking employers to exhaust the local labour market before looking at employing foreign nationals.

Where a foreign national is then approved where a citizen is not available, skills transfer is require in a monitored manner and requiring annual reporting.

The Draft Regulation notches up the requirements for work and corporate visas in the following areas:

  • Requesting proof of registration with a Professional Body (before only needed for Critical Skills visas);
  • Proof that 60% of total staff compliment employed are SA citizens or Permanent Residents (before only required for Business Visas and Corporate Visas);
  • Additional requirements when advertising available positions;
  • Legislated timelines of 10 days for the Department to provide feedback on suitable candidates from the ESSA system; and
  • Reciprocally only allows companies 10 days for feedback on the candidates provided.

It further increases the involvement of Department of Labour by legislating the need for an annual skills transfer report submitted to the Department to monitor the skills transfer progress.

This provides an opportunity for industry leading Human Resource and mobility practitioners alike to help shape law.

Should you be interested in participating and providing your input, please contact Marisa Jacobs on marisa@xpatweb.com.

We will ensure a collated and sanitized formal submission is prepared and submitted to the Department and in the format, which has impacted previous law changes.

Biztrends 2019: Out with the old, in with the new

BizTrends 2019: Out with the old, in with the new!

The White Paper on International Migration in South Africa released mid-2017 emphasised that the international migration policy was outdated and suggested a number of prominent changes to update the policy framework to align with the National Development Plan and more strategic application of immigration practices. We have seen some implementation of these strategic changes already, most noticeably in the latter part of 2018.

Herewith the top five strategic changes:

  1. The announcement of the new critical skills list due in April 2019
  2. The 10-year Business Visa for BRICS nations
  3. Visa free travel to South Africa for Kenya nationals
  4. Permanent Residency for students studying towards a Critical Skill
  5. Scrapping of the unabridged birth certificate for parents travelling with children
What will 2019 hold?

The highly anticipated new critical skills list

The Department is currently finalising its consultation process before implementing a revised critical skills list in April 2019. The new list will reflect an updated list of those occupations where demand outweigh supply and the Department of Home Affairs recognises these skills as critical for business and ultimately economic development in South Africa.

The 2018 survey on Critical Skills was recently completed by Xpatweb and over 100 responses from large corporates and multinationals were received. The survey focused on skills that local organisations find most challenging to recruit locally, and as a result expands their search internationally to recruit global talent. The survey comes just in time to provide input in terms of the review of the critical skills list.

The full results will be released later in November, but an initial analysis reveals that companies are still hard-pressed to find skills across a variety of occupations including engineering, C-suite executives, ICT occupations and health care professionals. Additional occupations that weren’t featured in last year’s survey include STEM teachers and lecturers, as well as specialist chefs and food technologists.

Increased investment and economic growth

On the back of changes such as the 10-year port of entry visas for BRICS business executives, visa-free travel for Kenya (with other African countries anticipated to follow) and scrapping of the unabridged birth certificate requirement for parent travelling with children, these changes pave a way for growth in the tourist sector as well as to attract business and investment to the country.

Other expected changes in 2019

  • The visa requirements for highly skilled foreigners will be revised;
  • The list of countries requiring visas for South Africa will be reviewed;
  • Critical Skills Work Visas for foreign graduates who studied a critical skills area;
  • Delinking of Permanent Residency and Citizenship through a points-based system; and
  • Implementation of Section 8 of the Employment Services Act pertaining to the employment of foreign nationals