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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.

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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!

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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.

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NEWS | UPDATE ON SOUTH AFRICAN CITIZENS STRANDED ABROAD

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The Minister of International Relations and Co-operation Naledi Pandor said, that as the department, in terms of international law, DIRCO has the responsibility to provide assistance to South Africans who are in distress outside our borders. We have not neglected the individuals who have approached us, and said, ‘Please help’,” said the Minister.
Date arrivals
8 April 2020 66 South Africans were repatriated from Brazil on a South African Airways (SAA) flight. 67 South Africans were repatriated from Frankfurt, Germany. They included 39 from Germany, 14 from Portugal, 10 from Ireland, three from Nepal and one from Italy.
10 April 2020 4 South Africans arrived from Afghanistan with a private charter. 49 South Africans landed in Cape Town from Namibia with a private charter.
11 April 2020 41 South Africans left the Maldives with a private charter.
12 April 2020 SAA flight from Brussels to Johannesburg, with a stop-over in Lagos, repatriated 119 South Africans. SAA flight from London to Cape Town repatriated 201 South Africans.
13 April 2020 62 South African arrived from Ghana.
15 April 2020 305 South African workers arrived from United States of America.
16 April 2020 13 South Africans arrived from Addis Ababa.
17 April 2020 84 South Africans arrived from Angola.
18 April 2020 80 South Africans arrived from Rome on an SAA flight.
19 April 2020 36 South Africans arrived from Angola. 206 South Africans arrived from Frankfurt on an SAA flight. 29 South Africans Arrived from Cameroon via Angola.
21 April 2020 93 South Africans arrived from Saudi Arabia. 83 South Africans arrived from Pakistan.
23 April 2020 25 South Africans arrived from Egypt on an SAA flight. 60 South Africans arrived from Saudi Arabia. 11 South Africans arrived from the DRC.
24 April 2020 25 South Africans arrived from Zambia.
25 April 2020 160 South Africans arrived from Frankfurt on an SAA flight. 165 South Africans arrived from Dubai. 11 South Africans arrived from Guinea. 23 South Africans arrived from Seychelles.
28 April 2020 185 South Africans arrived from Australia.
29 April 2020 26 South Africans arrived from Tanzania. 13 South Africans arrived from Egypt. 51 South Africans arrived from the DRC.
30 April 2020 23 South Africans arrived form Namibia.
1 May 2020 19 South Africans Arrived from Mali. 26 South Africans arrived from Zimbabwe. 256 South Africans arrived from Ethiopia. 3 South Africans arrived from Madagascar.
2 May 2020 19 South Africans arrived from Mali.
3 May 2020 275 South Africans arrived from Washington, USA on an SAA flight.
8 May 2020 More than 130 South Africans arrived from Jakarta, Indonesia. More than 230 South Africans arrived from Bangkok.
9 May 2020 275 South Africans arrived from Washington, USA.
Accordingly, they were all subject to screening prior to boarding any flight during the current COVID-19 restrictions. Those found to be symptomatic were not be allowed to travel and will be subjected to the host country’s health requirements.  On arrival, the Port Health screens the flight before disembarking and once the Immigration has cleared the flight, passengers are escorted to an identified facility for 14-day quarantine period.  These measures are in line with the World Health Organisation’s guideline. As the Minister said “We are dealing with a situation that none of us ever expected and in that context, we must strive to do the best that we can. We are doing all that we can to repatriate citizens stranded abroad.”
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NEWS | CORPORATE VISA COMPLIANCE: THE KEY FOR EMPLOYING MIGRANT FARM & MINE WORKERS

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StatsSA indicated in 2016 that Zimbabwe, Mozambique, Lesotho, Malawi, Swaziland and Namibia were among the top 10 “sending countries” (countries of origin of migrants).

Sending country is the country whose citizens leave to migrate to other countries generally to find employment. The migration may be temporary or permanent. Generally, studies of immigration show that these migrants often send money home, enhancing their families’ standards of living and thereby contributing both to the home and host economy and the nations respective trade balance.

The major sectors these migrants work for include mining, transport, commerce, agriculture – and the employment of foreign nationals in these sectors is quite popular.

Unfortunately, employers are often faced with instances of not knowing what compliance is required by law to employ foreign nationals.

The use of illegal migrants is clearly problematic and could lead to employers being fined with less than ideal consequences. Section 49(3) of the Immigration Act also makes provision for a fine or imprisonment of an employer who knowingly employs a foreign national without a valid work permit.

It is important that prior to employing any foreign national, they should be in possession of an applicable and valid work permit, issued in terms of the Immigration Act of 2002 as amended.

The law clearly places the responsibility on the employer to comply with the relevant legislation and holds the employer liable for non-compliance. The employer is responsible to ensure that they, as an organisation adhere to the regulations and legislation when employing a foreign national as per the Immigration Act of 2002, as amended (The Act).

The Act in Section 38 stipulates as follows –

“No person shall employ –

  1. An illegal foreigner;
  2. A foreigner whose status does not authorise him or her to be employed by such person; or
  3. A foreigner on terms, conditions or in a capacity different from those contemplated in such foreigner’s status.”

The Corporate Visa provides an excellent way for companies to manage their workforce and staffing needs. The visa allows a corporate entity (e.g. a mining group, farmer, etc.) to employ a pre-determined number of skilled/semi-skilled/unskilled workers. A Corporate Visa is issued for a period not exceeding three years.  When the Corporate Visa has been approved by the Department of Home Affairs, the individual employees may obtain work permits in a quick and cost-saving procedure as the positions are pre-approved.

The company applying for a Corporate Visa must provide proof to the Department of Labour and the Department of Trade and Industry that at least 60% of the total staff complement are citizens or permanent residents employed permanently in various positions.

Employers must be cognisant that after obtaining a Corporate Visa, the Departments of Home Affairs and the Departments of Labour will continue routine inspections in an attempt to protect all workers, illegal or not, from employers who exploit this type of visa.


AUTHOR
Lerato Mahupela - Immigration Specialist
Lerato Mahupela
Immigration Specialist