COVID-19-UK-Immigration-Update

NEWS | COVID-19: UK IMMIGRATION UPDATE

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The UK government recently announced that the lockdown measures have been eased across England after more than seven weeks of restrictions. The Prime Minister added that it is too early to end lockdown measures because of the danger of a second peak, but small steps can be taken as part of a “conditional plan”.

The above measures have also impacted the UK Immigration Authorities as well as their diplomatic missions abroad, and visa application centres, who are the decision-makers in the adjudication of various non-migrant and migrant visa categories for foreign nationals. The pandemic itself and control measures against it continue to impact on UK immigration matters as well as global immigration authorities and policies.

The UK Home Office announced that any persons inside the UK who are prevented from leaving due to COViD-19 whose visas are due to expire before 31st of July 2020, such persons can have their visas extended to the 31st of July 2020. They must follow a special process to request for an extension with the Coronavirus Immigration Team.

Expatriates currently in the United Kingdom

UK Visa and Citizenship Application Centres and Service and Support Centres remain closed due to

the COVID-19 pandemic. Those who can extend their status in-country, should lodge an online application and wait for an available appointment at a UK Visa Application Centre when the Centres re-open, the relevant date thereof is yet to be announced officially. An individual’s immigration status will not be negatively affected as a result of them not being able to attend an appointment.

The UK Immigration Authorities have stated that individuals in the UK whose visas are expiring and cannot return to their country of origin due to travel restrictions, can have their visas extended until 31st July 2020.  Expatriates with visas due to expire would need to complete an online application to request for an extension of their visa until 31st May 2020, if expiring before then and they are unable to extend in-country.

Expatriates currently outside the United Kingdom

The UK Immigration Authorities continue to accept online applications for new and extensions of non-migrant and migrant visa categories. However, as of today, all UK Visa Application Centres across the globe are closed. English Testing and Tuberculosis Testing Centres are also affected. Applicants are advised to submit their Visa Application Forms and book a Visa Appointment when Visa Centres re-open.

Tier 2 migrant visa category holders

The UK Immigration Authority, the UK Home Office, has issued guidance confirming that Tier 2 Migrants, which inherently have a “no recourse to public funds” condition in their immigration status in the UK, are now eligible to receive funds through the Coronavirus Job Retention Scheme, also known as Furlough. Thus, employers can temporarily reduce the pay of sponsored employees to 80% of their salary or £2,500.00 per annum. As such, Tier 2 Migrants can be furloughed without impact on their immigration status should a reduction of pay be required to maintain operations during the COVID-19 pandemic.

Foreign missions

Foreign embassies and missions are currently closed until further notice. However, depending on the country, the embassy and consulate may be reached by telephone or email.

International-Travel-for-SA

NEWS | INTERNATIONAL TRAVEL ALLOWED FOR SOUTH AFRICANS

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Categories

The main categories which will be allowed are work, study, family reunion, to take up permanent residency and for medical reasons. These are indeed the most important categories and make provision for most cases where international travel is an important consideration.

Requirements

The requirements include a copy of a valid South African passport, a letter from the country you will be travelling to confirming your admissibility, permission for transiting countries, proof of means of travel and the intended date of departure.

Home Affairs Approval

The international travel is subject to Department of Home Affairs approval, which is needed before you can proceed with your travel arrangements. At this stage the complexity of this process is unclear, albeit that one would expect that the normal strict Home Affairs protocols will be followed.

Group Arrangements

The new dispensation makes provision for a single Department of Home Affairs application for a group and the supporting information must then be send for each member of the group.

Issued by Marisa Jacobs, Director of Xpatweb

For enquiries please contact marisa@xpatweb.com.


 AUTHOR

Marisa Jacobs
Director

Survey-Highlights-Visa-Risk-for-Expats-Due-to-COVID-19-XP

NEWS | SURVEY HIGHLIGHTS VISA RISKS FOR EXPATS DUE TO COVID-19

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The survey gives a sense of how the lockdown is impacting expat workers and new assignees who were due to enter SA. More than 150 JSE-listed and large multinational companies operating across Africa participated in the survey. According to the survey, 37% of the participants have new assignees that were due to enter the country during the first quarter of 2020. They are waiting for the lockdown regulations to be lifted in order to enter SA.

These expats will then need to obtain work visas from 34 different SA embassies around the world. Top of the list of countries from where the assignees will be coming from is Germany, Zimbabwe, China, India and Spain. Embassies that will also be kept busy include Bangladesh, Kazakhstan, Serbia, New Zealand and the US.

Interestingly, 84% of the participating companies indicated that they are not affected by revoked visas.  When the Department of Home Affairs issued its first directive – just before the lockdown and the travel ban – it stated that certain visas issued to people from high risk countries would be revoked.

The Department has further clarified that only visas issued to people from China and Iran, and who had not yet activated their visas at the time of the travel ban, would be revoked. Xpatweb has confirmed this position with the Department.

Expats who had an existing visa and went back to their home countries would be able to re-enter SA with their existing visa when travel ban is lifted. They were concerned that their visas would be revoked and that they would have to re-apply. That is however not the case. These assignees will be able to enter SA again at a later date using their existing visas.

Companies seem to be dealing differently with the start dates of assignments where assignees had not yet entered SA at the time of the travel ban being imposed. In the case of an intra-company transfer, assignees are in many cases simply remaining in their current role with the foreign entity with a delayed assignment start date to be confirmed until the travel restrictions are lifted.

There is certainly going to be a mismatch between the work visa issue dates and the actual assignment start dates.

In the case of new assignees who have already resigned from a previous position, companies may request that these expats start working from abroad until the borders open again.

According to the survey 9% of expats either resigned their position or declined a position due to the coronavirus outbreak. Employers have indicated that their preferred recruitment destination to have these positions filled is internationally (30%) compared to locally (20%).  Another 20% said they will look both locally and internationally

It is important to remember that the work visa does not become active on the day it is issued. It only becomes active once the expat travels through a border and it is loaded onto the Department’s track-and-trace system.

We trust that the Department will be quite lenient and understanding because current circumstances are beyond anybody’s control.

AUTHOR

Marisa Jacobs
Director

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.

What-to-do-after-your-employee-has-left-Mozambique

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