No need to panic over new critical skills list expected in April 2019

NEWS | CRITICAL SKILLS LIST 2019

/in , /by

Marisa Jacobs, Director and Immigration Specialist at Xpatweb says “There is no need to panic yet!”

No need to panic

The Department of Home Affairs confirms the critical skills list will first be published in draft format and distributed for public consultation prior to finalising and legislating the new list.

The draft list is expected to be signed off by the Minister and distributed in April 2019.

Cooperation with Business to ensure a comprehensive the new list

On the one hand there is no list which will always be absolutely complete and comprehensive, in a specific place and time.

The requirements always evolve with time. Such as with the new oil and gas opportunities, we know there will be expansion in this area on the critical skills list.

“We have never failed to obtain a work permit for a foreigner where we can show that a local job is not taken and there is valid commercial rationale.” -Says Jacobs

The critical skills list is but one of various categories of obtaining a work visa.

Preview of anticipated draft list

The new list is much shorter than the current list, probably as Home Affairs saw many of the old categories not being used.

A positive development is that the draft version of the new list is more concentrated, by adding certain categories together.

The removal of the Corporate General Manager category has received much attention.

“We believe this category has been largely abused by many given rise to the proposed removal thereof.”

In its current form it is in need of a revamp.

“We agree that this category will or should not be removed in its entirety and the consultative process will provide the input required for the Department of Home Affairs to more directly and suitably define this skill and the form it should take on this list to curb abuse.” Says Jacobs

Submissions

Where anyone foresee a category not catered for, they are most welcome to email Marisa Jacobs on marisa@xpatweb.com with motivation and we will ensure that Home Affairs is made aware hereof before the list is finalized.

Also, where a category is not added under critical skills list, there are other categories under which a valid work permit can always be obtained.

AUTHOR

Marisa Jacobs
Director

Top immigration lawyer arrested on fraud and forgery charges

NEWS | TOP IMMIGRATION LAWYER ARRESTED ON FRAUD AND FORGERY CHARGES

/in , /by

They are accused of running an “enterprise” in his legal practice, Craig Smith and Associates (CSA), and his immigration consultancy between October 2011 and July 2014.

Smith is also accused of bribing home affairs officials in Cape Town for the “legalisation” of his clients who had overstayed their permits.

Smith allegedly deducted tax and Unemployment Insurance Fund contributions from his employees’ salaries but did not remit the money to their SA Revenue Service and the department of labour.

Smith faces up to 1,125 counts of alleged criminality ranging from racketeering, incitement, fraud, forgery,  uttering and money laundering.

The charge sheet says: “In some instances, clients of CSA had themselves been complicit to the fraudulent activities.

“But there were many other instances where the clients themselves were wholly unaware of the fact that their permit applications has been compiled using and/or had been supplemented with forged documents and false information and that they, too, had been defrauded in various manners in the process,” the charge sheet reads

The state claims that when a client did not qualify for a particular permit or did not have supporting documentation, Smith and his staff “would forge documents with which to compile the client’s permit application”. Prosecutors say that Smith enlisted an IT specialist to forge complex documents.

“In other instances, there would not even be any job offer and the foreign national would be wholly unqualified or unskilled,” according to the charge sheet.

“[Smith] would nevertheless undertake to secure a general work permit for the person in question and would proceed to fabricate a position and an employer and all the accompanying documentation, including employment contracts, qualifications, letters of reference and so forth, for the applicant.”

Smith is accused of forging bank powers of attorney, medical aid membership certificates, wills and lease agreements and a myriad other documents.

“The fraud, in fact, went so far that even bank statements were on occasion forged so as to show greater financial means in order to meet minimum investment requirements such as was required in the case of business permits. Even medical and radiological reports were forged in some instances,” the prosecution claims.

“On this basis, the [department] was misled into granting numerous foreign nationals permits granting them rights to remain in SA. Outside the main allegations of fraud, forgery and uttering, investigations also revealed irregular bookkeeping practices … and money laundering.”

Eric Ntabazalila, spokesperson for the prosecution in the Western Cape, said the Cape Town magistrate’s court released Cornelia on R1m bail on Tuesday. The court set Salie’s bail at R1,000. Smith is expected to bring a formal bail application on Friday.

Source: TimesLive

R1m bail for woman accused of defrauding state, foreign nationals in immigration scam

Immigration lawyer faces over 1 000 charges

Police affidavit links top immigration lawyer Craig Smith to ‘underworld’

 

Immigration lawyer arrested for alleged fraud puts spotlight on illegal work permits in South Africa

NEWS | IMMIGRATION LAWYER ARRESTED FOR ALLEGED FRAUD PUTS A SPOTLIGHT ON ILLEGAL WORK PERMITS IN SA

/in , /by

The lawyer, who faces 1,125 counts of crimes ranging from fraud and forgery to money laundering, has also been accused of bribing home affairs officials for the “legalization” of his clients who had overstayed their permits.

According to the charge sheet, in some cases, his clients were complicit to the fraudulent activities, but there were many instances where the clients were wholly unaware that their permit applications had been compiled and/or been supplemented with false information and forged documents.

A warning to employers and expats

Marisa Jacobs, Director and Immigration Specialist at Xpatweb, says the recent case should serve as a warning to expats and employers alike.

While an employer may think that the immigration services they appointed obtained visas and permits legally, this can no longer be assumed or taken at face value.

“Now is the time to question the validity of your employee’s visas. Department of Home Affairs officials have become increasingly diligent about scrutinizing visa applications and the supporting documentation of work permits. The arrest of such a prominent figure certainly explains why this is the case. There is an acute awareness of fraud and forgery and those who have obtained visas illegally are much more likely to be prosecuted than in the past,” says Jacobs.

What happens if you employ foreigners who have illegal visas?

Employers of workers who have illegal visas could face fines and up to two years imprisonment. Upon the third offence, per the Immigration Act, employers will receive imprisonment without the option of a fine.

HR Managers are the most likely to be held accountable if expats are working at the company without visas that they have legally obtained as they are deemed to be the gatekeepers of employees entering the organization and ensuring legally correct documentation which includes work visas that are both legally obtained and legally allow a foreign national to work in the position they have been appointed and for the specific company.

Jacobs advises that when dealing with an immigration service, a red flag that employers and workers should look out for is exorbitant fees.

“At Xpatweb, we have never failed to successfully obtain a legal work permit for a foreigner who truly has a scarce skill that is needed in South Africa. When everything is above board, a consultant won’t have to justify ‘additional fees’ to obtain a permit,” says Jacobs.

When the Department of Home Affairs audits businesses, they don’t simply check visas and reference numbers on documents. The Department’s inspectorate audits the underlying documents because many times, it is these documents that were incorrectly or illegally compiled and submitted as is seen by the charges laid against Smith.

Companies worried about the validity of their workers’ visas should consider employing an independent immigration service provider for a full immigration audit on all visas.

“We audit worker visas in line with the principles that the Department of Home Affair’s inspectorate uses to ensure the documents support the permits and visas of your workers.

Even if your employee obtained a visa before you appointed them, you can still be held accountable if the visa is illegal. For peace of mind, hire a reputable immigration service,” concludes Jacobs.

AUTHOR

Marisa Jacobs
Director