Investment-Opportunities-in-Namibia

NEWS | INVESTMENT OPPORTUNITIES IN NAMIBIA

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Experts say Namibia has a positive growth outlook with investment potential, combined with a robust macroeconomic environment that is politically stable and regionally competitive. Particularly in private social engagement, such as specialists in health and education, which aim to enhance the provision of social services. It is also a popular travel destination which make the investment in the tourism sector welcomed, especially in accommodation facilities.

How Can You Invest in Namibia?

Investment opportunities may take the form of public-private partnerships either on a per project basis or with equity holdings. Certain utilities may also be wholly owned by investors.

Namibia has embarked on a large-scale programme of renewing and developing its infrastructure, water infrastructure, power generation and transmission infrastructure, as well as the transport and logistics infrastructure, notably road, rail and port.

In addition, Namibia currently has a deficit of affordable serviced land and housing. Accordingly, there are opportunities for investment and operations in this field.

To date no further restrictions are being placed on the acquisition of landownership by foreigners. As long as a foreign investor did not enter Namibia illegally, and his permit does not prohibit the acquisition of immoveable property, he may certainly buy, own and sell real estate in Namibia.

Over the last couple of years many local and foreign investors have turned to property in Namibia as a sound investment. Like all other investments, it is important to understand the requirements on investment through the acquisition of property before making the final decision to invest. Foreigners must keep in mind their goals – to create wealth and to protect that wealth. Whether it is for investment purpose or buying a family home, one would normally put in careful consideration. It is therefore important not to be pressured into making decisions and always keep the following basics in mind: purchase price, deposit needed, transfer and stamp duty payable, attorney’s transfer fees, bond registration fees, valuation and bank admin fees, monthly rates and taxes, renting options, tenancy management and interest rates increase.

What is Required to Obtain an Investor’s Permit?

An Investor’s Permit is granted for two years. The process of obtaining this permit takes up to 3 months to be adjudicated by the Department of Home Affairs in Namibia. Proof of investment, training, and development plans for employees, a letter of approval from the Ministry of Trade, a police clearance certificate from your country of origin,  and copies of all qualifications and degrees form part of the quintessential documentation for a successful application for an investor’s permit in Namibia.

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NEWS | WHAT TO DO AFTER YOUR EMPLOYEE HAS LEFT MOZAMBIQUE

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After an expat has completed his assignment or has unexpectedly resigned, certain exit formalities must take place to remove all immigration and tax responsibility for an expatriate which are requirements that form part of immigration compliance and more commonly are overlooked as part of the immigration process as a whole.

Annual List of Employees

Mozambican employers are required to update their annual list of employees on a yearly basis by the end of April also known as the “Relação Nominal” to the Ministry of Labour. This annual list of employees includes both the national and foreign nationals employed by the Mozambican employer and is used to determine the number of quota applications that a Mozambican employer can use for any foreign nationals in the oil and gas sector and other sectors. Applications within quota are processed in a quicker timeframe generally within 4-6 weeks depending on the backlog of applications with the Directorate of Labour. As such, it is to the benefit of the company to ensure this list is updated regularly or at least yearly.

Cancellation of Work Permit

However, in addition to this, it is the employer’s obligation to cancel their expat’s work permits, whether within quota or outside the quota, with the Directorate of Labour. Without undergoing the cancellation process, the expat will still reflect on Labour’s system impacting the ability to apply for new quota applications as these appear as filled on the system. In order to benefit from the quicker processing times of in quota applications, employers must ensure they cancel work permits immediately after an expatriate has exited Mozambique. Although there is a greater emphasis on cancelling work permits within quota, it is still required to cancel work permits outside the quota. Employers must ensure they complete the cancellation process so as to remove any immigration responsibility for an expatriate in Mozambique once they have concluded their assignment with their local entity.

Cancellation of Visas and Residence Permits

As of the beginning of 2018, the DIRE, or residence permit cards were no longer applicable to new applications for work permit holders in Mozambique. Applicants were required to obtain Work Visas at the Mozambican diplomatic missions abroad and thereafter apply for a residence permit card, also know as a DIRE in-country. Now, applicants must still obtain a work visa, but this is then extended in country and endorsed in their passports in place of the issuance of the residence permit cards. Those that remain in Mozambique will continue to be issued residence permit cards until they have exited Mozambique. In these instances, original residence permit cards must be returned to immigration along with a request of the cancellation thereof before a work permit can be cancelled. Work visa extension holders, that is, those that have the endorsement in their passports, are not required to return their passports to immigration for cancellation of their work visas and, as such, are only required to cancel the work permits with the Directorate of Labour.

What Are The Main Implications for Failure to Cancel Permits?

Primarily, cancellation of residence and work permits removes an employer’s immigration responsibility of an expatriate employee in Mozambique as their immigration status shall remain tied to their employer until labour and immigration departments are notified otherwise. Furthermore, an employer will continue to have social security and tax implications over their expats should they not be appropriately removed from their records. Should a company have outstanding tax and social security payments relating to any foreign nationals on their employee records, it will definitely cause delays in future applications as the Directorate of Labour’s system cannot process applications with outstanding tax and social security contributions. As such, Mozambican employers must ensure due diligence in completing exit formalities for all foreign nationals who complete an assignment in Mozambique.


AUTHOR
Tarissa Wareley - Immigration Specialist

Tarissa Wareley
Immigration Specialist

 

Foreign-Nationals-Stranded-in-South-Africa-Here's-What-You-Need-to-Know

NEWS | FOREIGN NATIONALS STRANDED IN SOUTH AFRICA: HERE’S WHAT YOU NEED TO KNOW

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The COVID-19 pandemic has left many foreigner nationals feeling anxious for various reasons, including the fact that the rapid global shutdown of travel and imposition of lockdowns has left many stranded, especially those who are mere tourists with no intention of staying indefinitely.

President Cyril Ramaphosa declared a national state of disaster on 15 March 2020 and, subsequently, a national lockdown from 27 March, extended until end of April 2020, to contain the spread of COVID-19. Further measures were introduced for May 2020 which included a “Risk Adjusted Strategy” for a phased reopening of the economy based on 5 coronavirus risk levels. With South Africa currently in a level 4 lockdown as of 15 May 2020,  VFS and the Department of Home Affairs’ visa sections remain closed.

I am stuck in South Africa and my visa is expiring, what now?

Nevertheless, if a foreign national is in South Africa and their visa expires while the Department of Home Affairs and VFS offices are closed, the holder of such visa will not be penalised. Those wishing to leave will be allowed to exit without being imposed the normal overstay ban, and for those who wish to stay longer, can renew their visas when the VFS offices reopen. No date for the reopening has been confirmed at this stage.

The visa concessions listed below apply to those with visas which expired from 1 December 2019 onwards, unless a person has proof that he/she had already submitted an application for a visa extension prior to this date and the outcome is pending.

These temporary measures will remain valid until 31 July 2020 unless extended officially by the Department. They apply only to foreign nationals who have been legally admitted into the Republic.

The visa concessions are contained in the Directions which have been issued by the Department in terms of the Disaster Management Act, 2002. Below a brief overview –

Expiry of visas

Holders of temporary residence visas which expired from 1 December 2019 onwards, who did not renew their visas before the lockdown, will not be declared illegal or prohibited persons.

Those who opt to return to their countries of origin or residence after the lockdown, and departs before 1 July, will not be declared undesirable upon departure.

Visa application and adjudication

During the lockdown, the Department is not receiving or adjudicating applications for temporary residence visas and for permanent residence permits.

Foreign nationals whose visas expired during the lockdown period may apply for the renewal of respective visas or relevant visa exemptions while in the Republic immediately after the lockdown has been lifted. They will not be required to apply for authorisation to remain in the country (Good Cause/ Form 20), which is usually required where a person overstays their visa.

Foreign nationals whose visas expired after 1 December 2019 who had scheduled appointments on dates which fall within the lockdown period should reschedule their appointments to an available date after the lockdown has been lifted.

Work, Study and Business while application are pending

Those with visas expired during the lockdown and those who have submitted their applications before the lockdown but their applications are still pending, will be allowed to work, study or conduct business after the lockdown while waiting for the outcome of their applications.

Revoked Visas

Visas issued to nationals of China and Iraq, who had not yet entered the Republic by 15 March 2020, were revoked as per the Directions issued by the Department in terms of the Disaster Management Act, 2002. These visas remain revoked.

Departure of foreign nationals

During the lockdown, except for cases relating to expatriation initiated by another state, all foreign nationals who are currently in South Africa may not depart.

Lesotho exemption permit

Holders of the Lesotho Special Permit have up to 15 June 2020 to submit their applications for the Lesotho Exemption Permit. The Lesotho Special Permits which expired on 31 December 2019 remain valid until 15 June 2020. No new applications will be accepted during the lockdown period.

Expiry of asylum seeker permits

Any asylum seeker whose visa expired from 16 March 2020 to the end of the lockdown period will not be penalised or arrested provided that they legalise their visa within 30 calendar days of the lockdown being lifted.

For many foreigners, their residence position can be quite nuanced. Foreigners who are in SA and would like to extend their stay after the lockdown, are advised to act quickly on their residency status and prepare their documentation ahead of time.

Commending-Medical-Professionals

NEWS | COMMENDING MEDICAL PROFESSIONALS

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The Department of Home Affairs in South Africa is no exception and realizes that medical professions are a scarce, crucial and much needed skill in South Africa. As such, there are several medical professions listed on the Critical Skills list in South Africa. Amongst the dozen professions listed, one can find Nursing Professionals, Retail Pharmacists as well as General and Specialist Medical Practitioners.

Where you qualify under one of these categories, you would be able to apply for a Critical Skills work visa for a period of up to five years in South Africa and could even qualify for Permanent Residency immediately.

Additionally, foreigners who are studying a medical degree in South Africa can automatically apply for and obtain Permanent Residency once they have completed their degree and received an offer of employment. This then allows you to skip the Critical Skills step entirely and immediately settle down in South Africa after your studies.

Should you be a medical professional abroad or an aspiring medical student in South Africa and require assistance in obtaining the necessary visa, please do not hesitate to get in touch with one of our consultants and we will gladly guide you through the process.

We join the rest of South Africa in thanking all medical professionals around the world for their significant contribution!

Overdue-Permanent-Residence-Application

NEWS | OVERDUE PERMANENT RESIDENCE APPLICATION

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When is your application overdue?

Depending on the category of submission, a Permanent Residence application, in our experience, take on average 4 – 8 months to be processed, from the date of submission.  Where your application has been pending for a longer period, you may petition your application and request for the outcome to be finalised as a matter of urgency.

Possible reasons for overdue Permanent Residency Application

The delays in the processing of Permanent Residency applications is well known, especially those involving dependant family members including an effective freeze on spousal Permanent Residency applications. Certain categories are however prioritised and as such there should be no delay on receiving quick turnaround times in these instances.

There are many foreigners who have fallen foul of immigration malpractice by unscrupulous advisors, as the advisor is in a position of trust. One scheme is where a residence category is advised which is well known will cause considerable delays or will never be issued. Payment is charged upfront. Then additional payments are demanded or the ‘ball is kicked down the road’ when you enquire on your application status, with the Department of Home Affairs unfairly blamed. Often this comes with the promise of special contacts or forever a great excuse why there are no results.

There are formal processes in place to determine your status and see whether what has been advised is the truth. Where you have a feeling something is not right, your instincts are normally correct.

An approach of prudence and urgency is to be encouraged to avoid later disruptions.

Your Permanent Residency permit overdue! What to do next?

The Immigration Act is clear in its preamble that both Temporary and Permanent Residence Permits must be issued as expeditiously as possible. This therefore allows for a formal petition process where applications are long pending.

If your Permanent Residence Permit application has been pending for a long time, a process can be followed to request for it to be finalised and an outcome issued.

We regularly assist with securing Permanent Residency where others have failed, due to our approach of a petitioning process.

Next steps

Should you have any need to engage experts with following up on your application, we would be most grateful for the opportunity to present our capabilities to you and address any challenges you may be facing.