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

NEWS | CRITICAL SKILLS LIST 2019

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

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

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

10 tips on passport application at banks 2019

Compared to before when Smart ID and passport applications were open to only South Africans that are within the age of 30 and 35, Home Affairs has gradually increased the category of people that can now access and use their website. With the eHomeAffairs website, everyone who has his or her South African citizenship is privileged to apply for his or her passport as long as such knows the process that is involved. Therefore, in this article, you will discover the latest easy-to-follow tips that you need to note when applying for your own passport at the banks from where you can access the service.

Step-by-step guide to apply for passport South Africa

The Home Affairs passport application process has simplified the processes that you have to go through before you can get your own passport as a citizen in South Africa. Now that the opportunity has been given to everyone to access their portal online, you do not have to go through rigorous steps or queue tirelessly when filing your application. Right from the comfort of your room, you can begin the process, and the steps that you are expected to follow are, therefore, explained below.

  1. Determine the kind of passport that you need
    While applying for a passport may not be a difficult task to embark on, it is imperative that you, first of all, determine the type that you need. Based on the information published on The Department of Home Affairs’ official website, there are Tourist passports usually issued to people who are 16 years and older; Maxi tourist passports usually issued to South African citizens who travel frequently and are from 16 years and above. Then, there is also Child’s passport which is issued to children who are below 16 years; Official passports which are issued to officials who work with government institutions and need to travel on official basis; and Emergency Travel Certificate (ETC). However, it should be noted that the Emergency Travel Certificate is usually issued to citizens who do not have a valid regular passport yet and need to travel urgently. There are also Diplomatic passports and Crew Member Certificates
  2. Register for online banking
    Among other things, it is compulsory that you are registered for online banking with the bank that you use. If you have not done this, you will need to visit the branch that is nearest to you do settle that. Although, it is not all the banks that offer the DHA services, the specific banks and branches where you can complete your application are discussed later in this article.
  3. Create a personal account online
    Before you begin the process for your passport application online, you would be required to create a profile for yourself on the Department of Home Affairs portal. The essence of this account is to help you further your application process. Also, with this account, you can apply for your passport and also for your children. Then, when there is a need for you to do a renewal, you will always go through the profile which you have already created.
  4. Fill in the necessary information
    Once you have determined the kind of passport that you want to apply for, the next line of action is to log on to the official website of the Department of Home Affairs for your registration. After you have filled in the required information, you would be asked to select the type that you want, whether it is for yourself or minor (i.e a child below 16 years of age).
  5. Upload the supporting documents
    Once you have entered all the necessary information that you would be asked to, you will also be required to submit certain documents depending on the type of passport that you are applying for. For instance, if you are applying for your child(ren), you will need to upload your identity document with your spouse’s and your child’s birth certificate, but if your spouse is dead, you will be required to upload the death certificate. Comprehensive details of the documents that you need are discussed later in this article.
  6. Choose your bank and branch nearest to you
    In the process of carrying out your registration, you will be asked to select your bank and the branch from where you will like to collect it once it is ready. Apart from the branches of the Department of Home Affairs that are all over the country, you will be given options to choose from various banks that are registered with DHA to complete your application process.
  7. Make a payment via your online banking platform to complete your application
    Log into your online banking profile with the bank that you are registered with and from there, you will be able to make your payment to complete your application process. After you have made the required payment, you will be given a payment confirmation reference number which you are expected to keep in case there is a need for it later on. Please note that there is no bank that is authorised to accept payments by cash and at the same time, making payment for another person is not permitted except for parents are applying for their children.
  8. Book an appointment with your bank’s branch
    Once you get your payment confirmation reference number, the next thing that you need to do is to book an appointment with the branch of your bank. This you can do based on the page that you will be directed to in the form-filling process. The essence of the appointment is to have your fingerprints (biometrics) scanned and your picture captured. But then, bear in mind that you will receive an appointment confirmation which you will take to the branch that you have selected to complete the application process.
  9. Go with the necessary documents
    When you are going for the appointment with the branch that you have chosen, go with your identity document. If you are applying for a new passport, for instance, it is important that you go with the old one with you.
  10. Wait for notification
    Interestingly, once you have completed the whole process with the bank, you will receive an SMS as well as an email once your passport is ready. Until then, you need to exercise some patience.

Documents needed for a passport

When you start your application process, you will be expected to supply the following documents:

  1. An application Form DHA-73 that has been duly completed.
  2. Your original identity document as well as a photocopy. If you are under 16 years, you will be expected to provide your birth certificate and a photocopy.
  3. If you are applying from abroad, you will be asked to submit a completed determination of citizenship Form DHA-529.
  4. When you want to apply for a child that is under 16 years, the consent of both parents will be sought, and at the same time, both of you will have to be present when the application is to be completed. However, if one of the parents is deceased, a death certificate and a copy of it have to be provided.
  5. If you are applying for an official passport, you will be required to provide a letter written on the official letterhead of your organisation confirming that you actually need it for an official trip. Then, the letter has to be signed by the head of the institution you work with or the owner of the organisation.

Source: Briefly
Author: Adeaga Favour

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