Aaron Motsoaledi - the newsly appointed Minister of Home Affairs

NEWS | AARON MOTSOALEDI – THE NEWLY APPOINTED MINISTER OF HOME AFFAIRS

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His responsibilities as the Minister will include oversight over Immigration & Civic Affairs.

Some interesting facts about the new Home Affairs Minister, Dr Aaron Motsoaledi:

  1. Motsoaledi was born on 7 August 1958 at Phokwane village in Northen Cape Province and was one of nine children (seven boys and two girls) in the family. Currently, Motsoaledi is married to Thelma Dikeledi (Mpyane) and has three daughters and two sons.
  2. Motsoaledi obtained his Bachelor of Medicine Degree at the University of the North at Turfloop. In 1980, during his studies, he was elected to the student representative council and participated in the formation of a student movement, the Azanian Students’ Organisation (AZASO), of which he was elected as the national correspondence secretary.
  3. Motsoalediwas appointed as the Minister of Health of South Africa from May 2009 until May 2019.
  4. In April 2010, Motsoaledi received the Special Annual Appreciation Award by His Highness Sheikh Humaid bin Rashid Al Nuaimi, the Ruler of Ajman and UAE Supreme Council member during the 6th Annual Convocation ceremony held at the Gulf Medical University.
  5. During his role as the Minister of Heath, Motsoalediclenched two prestigious Kochon prizes for his role and political leadership in the fight against Tuberculosis (TB) globally.  Motsoaledi administered to the first South African state patient a fixed dose combination (FDC) Antiretroviral tablet of Efavirenz/emtricitabine/tenofovir on 9 April 2013 in GaRankuwa.

Outline of Minister Dr Motsoaledi’s Career and Other Activities:

Minister Dr Motsoaledi gained his political awareness after witnessing the arrest of a neighbour for not carrying a “dompas” and was later heavily influenced by the 1976 Soweto uprising.

  • 1980: Student Council Representative for AZASO
  • 1986 – 1994: Chairperson of the Sekhukhune Advice Office
  • 1989: Chairperson of Hlahlolanang Health and Nutrition Education Project
  • 1991 – 1992: Deputy Chairperson of the African National Congress (ANC) in the then Northern Transvaal
  • 1994: Head of the ANC Elections, Research and Briefing for Limpopo Province
  • 1994 – 2009: Member of the Limpopo Provincial Legislature
  • 1994 – 1997: Member of the Limpopo Provincial Executive Council for Education
  • 1998 – 1999: Member of the Limpopo Provincial Executive Council for Transport
  • 1999: Member of the Limpopo Provincial Executive Council for Agriculture, Land and Environment
  • 2009 – 2019: South African Minister of the Department of Health
Work vs Business Trip Visas - Department of Home Affairs Picking Up on Misuse

NEWS | WORK VS BUSINESS TRIP VISAS – DEPARTMENT OF HOME AFFAIRS PICKING UP ON MISUSE

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The sparing nature in which directives are issued further highlights the importance of this directive and the focus of the Department on business travelers and short-term assignees vs long term secondees.

Only Issued Once in a Calendar Year

The directive clarifies that Section 11(2) visas are not to be used continuously and are specifically to allow for short term project resources in South Africa.

The issuing of this directive indicates a common misuse of the visa category by employers where they are making use of the relaxed nature of visa requirements of this category to bring resources into South Africa and then continuously extending or applying for new visas when they should in fact be pursuing a long term work visa.

The directive now sets out clearly that the visa may only be applied for once in a calendar year and further only extended once in the Republic for a period not exceeding 3 months. The maximum period thus 6 months.

Work Legally in the Short Term

There is further a broad misrepresentation by business travellers, especially those travelling from visa exempt countries, who enter South Africa on a holiday/business visa while in fact conducting work in South Africa.

When an employee comes to render employment services in South Africa, make sure they get a valid short-term work visa.

Do not take a chance and tell the immigration official this is only a business trip, when the purpose is work.

It is easy to be compliant and not worth the risk. The process takes 5 – 10 working days and the short-term visa is issued for 3 months and may be extended in South Africa for a further 3 months.

Consequences of Working on a Business Visa

Where an expatriate is found on your premises conducting work without the necessary authorisation on their visa to conduct such work, the Immigration Act clearly sets out the implications for both the expatriate and the employer.

This includes arrest and deportation for the foreign national and a fine and/or arrest for the employer depending on the offence.

The issuing of the above directive points to a more vigilant Department with their eye on individuals and businesses who do not comply with the conditions of their visas.

This is a good time to ensure all employees are compliant and your organisation is in the green.



Marisa Jacobs
Director

DHA issues directive confirming the rules around short term work in South Africa

DHA ISSUES DIRECTIVE CONFIRMING THE RULES AROUND SHORT TERM WORK IN SA

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HERE IS WHAT YOU NEED TO KNOW

  1. An 11.2 visa will not be issued by the foreign Missions beyond three (3) months. Where an extension is required, same may be applied for in South Africa for an additional and final thee (3) months period.
  2. Once the required period(s) have concluded, a new 11(2) visa cannot be reapplied for within the same calendar year.
  3. Where the period of the visa overlaps into a new calendar year, the overlapping days will be considered part of the new calendar year.
  4. When filing an extension application, the DHA will calculate to ensure that the applicant does not exceed 180 days in South Africa in any given calendar year.
  5. This visa does not permit regular ongoing work – where such work is required, a suitable long term work visa must be applied for.
Download the Directive
Our top tips for companies to secure a critical skills work visa

NEWS | OUR TOP TIPS FOR COMPANIES TO SECURE A CRITICAL SKILLS WORK VISA

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The need for foreign skills has become more and more prevalent due to skills shortages experienced globally.

We often recommend pursuing a work visa in the Critical Skills category due to the range of occupations currently on the critical skills list.

So how do you determine if an employee qualifies for a Critical Skills Work Permit?

A candidate’s eligibility can best be determined after conducting a thorough assessment of their CV, experience, qualifications and the skills they will contribute to South Africa.

The process may seem simple at the on-set, however there are a few tricky factors to take into consideration before qualifying a candidate for a Critical Skills work permit.

Experience comes in handy during this process and we share with you below our top tips –

  1. Know the basics 
  • Familiarise yourself with the Critical Skills list.
  • Understand the requirements and ensure 100% compliance on each item, unless you are able to provide a compelling motivation.
  • If a foreign candidate does not hold a South African long-term work permit, they will be required to file the application at the South African High Commission/Embassy within their home country.
  • Know your timeframes – This is a process that requires sufficient time to be completed correctly. Applications that are not prepared properly incur unnecessary delays that could easily have been avoided. Expedited delivery is however possible where there are real business urgencies and these can be motivated.
  1. Ensure the occupation is on the Critical Skills list

Prior to qualifying a candidate for a Critical Skills work permit, it is imperative to ensure that the position the candidate will take up in South Africa, is on the Critical Skills list. This assessment does go a lot deeper as the position title may not match the one on the Critical Skills list and it is therefore important to review the candidate’s experience as well as the job description of the role in South Africa and ensure that the two goes hand-in-hand. After such a determination has been made, it will be easier to pin down the correct category on the list.

  1. Qualifications are so, so important

Although the Immigration Act states that qualifying for a Critical Skills work permit may be based on skills, qualifications and/or experience, in practice the qualifications a foreigner holds will impact on the application. Further consideration must be given in terms of occupation the applicant will be working within and whether the qualification they hold, matches their occupation.

It is important to note, the adjudicator at the South African Embassies and the Department of Home Affairs consider the qualifications and subsequently the South African Qualifications Authority (SAQA) Certificate, as a tick box item that must be provided. If you are unable to provide same, the application carries a high risk of being refused and may as such require a waiver application to formally approve the exclusion of this requirement. This is not strictly correct in law as the Act clearly states “and/or” however our recommendation would always be to comply with the requirements and requests made by the Department of Home Affairs as issuing authority. Where true merits do exist for exclusion of the requirements, the Department can always be approached to gain their support.

  1. Timing

Now that you have determined the foreign candidate qualifies for a visa in the Critical Skills category, and the corresponding occupation on the Critical Skills list matches the applicant to a T, how long will it take to secure the visa?

Timing is a challenge for most organisations as the foreign employee is usually needed in country “tomorrow”. The planning phase is often done to the exclusion of consideration of work visa timeframes or the business need for a certain individual is crucial and cannot wait – time is money.

When we tackle a visa application, one of our first questions (if not an initial statement from the company) is “When do you need the expat in country?”. The process is then streamlined according to the requirements of the business and it is vital to plan the process with the company, and give realistic timeframes on what is possible. Always take into consideration the time it takes to collect documents from third party processes (this includes SAQA, professional bodies and police clearances), reviewing all documents received for accuracy and compliance, compiling a legal and fully compliant work visa application and lastly the processing times of the South African Embassies/Missions abroad or the Department of Home Affairs head office where applications are filed in country.

Below a guide on a few work permit related items that do take time –

  1. Evaluation of foreign qualifications (SAQA)
    • Processing time: 3 weeks on average (may take longer dependent on University)
  2. Registration with professional bodies – important to note that many professional bodies require the SAQA Certificate prior to being able to process registration
    • Processing time: 1 month on average (up to 6 months dependent on occupation)
  3. Police Clearance Certificates
    • Processing time: 1 – 8 weeks (varies based on if you apply in country or via a foreign mission)
  4. Processing of application by the South African Foreign Embassy/Mission
    • Processing time: 4 weeks on average (a select few countries take 8 weeks)
  1. South African Foreign Embassies/Missions Abroad

An applicant will be required to apply at the South African Embassy/Mission within their home country or country of temporary residence (where they hold a temporary residence visa). Applicants are only permitted to apply in South Africa if they hold a long-term visa.

It is always best to contact the Embassy/Mission prior to the submission to ensure all the requirements are met. Yes, you may have a fully compliant application as prescribed by the Regulations, however some Embassies have their own specific documents they request for the Critical Skills work permit application and or a preferred format. Contacting the Embassy ahead of time will prevent any unnecessary delays where the candidate may be required to travel back-and-forth to the Embassy to provide additional documentation not in hand.

For more information please email us on contact@xpatweb.com