The Release of The 2021 CS List

The Release Of The 2021 Critical Skills List Is Expected To Be Released Within The Last Quarter of 2021

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Marisa Jacobs

Marisa Jacobs

Director

During a 17 August webinar, hosted by the Forum for Expatriate Management and chaired by the Director of Xpatweb, Marisa Jacobs, the Department of Home Affairs (DHA) confirmed that the final list will be tabled on forum for the National Economic Development and Labour Council (NEDLAC) within the last quarter of 2021.

If unhindered by further delays, the list will be Gazetted by the Minister of the DHA, Dr Aaron Motsoaledi. Until such time that the new list is Gazette, the 2014 list remains the list that will be used for all critical skills submission and adjudication procedures.

Why is the Critical Skills List so important?

The CSL is a list of occupations that are considered critical while there is a limited number of similarly skilled and qualified local candidates to choose from.

Every employer in South Africa who employs critically skilled individuals and who is tasked with attracting and retaining these skills, is impacted significantly by the CSL and the immigration legislation changes that follow its release. The list enables them to source the listed skillsets from abroad and bring in specialists to fill those positions.

The Department of Higher Education and Training (DHET) plans to provide updated CSL reports to DHA on a bi-annual basis subject to availability of research funding. Consequently, this will simplify the work visa application process for those individuals with critical skills that are in high demand.

Further to this, the DHET can utilise the CSL when allocating funds towards higher educational needs. Meaning, if the CSL indicates that there is a paucity of engineers across a specific engineering sector, DHET can provide scholarships, bursaries or other forms of incentives to individuals within that industry to accommodate for an ongoing demand.

How was the Critical Skills List compiled?

DHET used detailed methodologies, exercises and activities to assess the current employment trends when preparing a draft list of skills shortages. They received input and commentary from the public, governmental stakeholders, lobby groups, professional bodies, higher learning institutes, black management forums, unemployed South African graduates, and other private business formations. It is important to note, that the DHET was supportive of input from selected sources with relevant contributions to the creation of the CSL.

By partnering with large multi-national companies across South Africa, Xpatweb conducted ground-breaking annual critical skills surveys. Their research was key to ascertain the shortage of critical skills that were still very much in demand, which were subsequently re-included in the draft Critical Skills List. This marked the only private sector company that formed part of the formal consultation process with the research now forming part of legislation.

The feedback and research were consolidated, considered and then measured against data on all listed occupations, before making a draft CSL later published by the DHA.

The lasting effect of lockdowns and looting

In compiling the CSL, the methodologies used were overtaken by unforeseen events. Not only has the COVID-induced lockdown played a part in delaying the release of the CSL, but it has created a knock-on effect on all types of commerce, which resulted in business closures and job losses.

Companies were forced to let go of employees with skills that were considered to be in short supply. Suddenly there was a pool of available SA citizens with skills that were listed in the CSL, which means the occupation in question, may no longer be required to be mentioned in the list.

Using a report from National Treasury, the DHET has been working to determine which industries would be affected by the lockdown over a longer period. Researchers had to separate the data that would be affected by lockdown and measure it against the trend of economic conditions, then deduce what the result would be on those occupations.

However, the public unrest and violent lootings that rocked South Africa during July 2021, was the nail in the coffin for many businesses. This adversely affected the supply and demand of jobs, which according to Stats SA figures, has had an immediate effect on unemployment. Economists and employment specialists speculate that the unrest alone had placed nearly 50 000 jobs at risk.

In light of these events, the research towards compiling the CSL had to be adjusted once more. A final draft CSL has been handed over to the DHA for consideration, where they consulted with various government departments, such as the Departments of Health, Tourism, Public Enterprises and NEDLAC for additional input.

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Pathway to European Citizenship

Pathway to European Citizenship

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Citizenship planning is also unique for every investor. An investor needs to consult with their immigration expert, Tax Lawyer, accountant, or wealth advisor to establish a financial plan that will meet all their personal, family and business objectives.

One of the most sought after citizenship and residency solutions is the Portugal Golden Visa. Portugal is a beautiful country in southern Europe bordering Spain, one of your gate ways into the EU. Portugal has been voted one of the best countries to live in by expats due to its great climate, sunny summer days and mild winters, and not to mention the beautiful beaches that stretch out for days. It is predominately a Roman Catholic country with Celtic, Lusitanian, Phoenician, Germanic, Visigoth, Viking, Sephardic, Jewish and Moorish influence, the official language in Portugal is Portuguese and many of the citizens can speak English, French, and Spanish.

The Portuguese culture creates a vibrant atmosphere as it involves so many different aspects such as art, religion, literature and even soccer. Portugal has great opportunities for foreigners that are looking in acquiring and additional residency.

South Africans seeking to emigrate or simply acquire an additional residency, who are unable to meet the skills points criteria to move to the more traditionally popular destinations, are now increasingly seeking out alternative global locations that offer both the lifestyle and security that they desire for their families, hence Portugal has become a popular choice.

Different Pathways to the Portugal Golden Residence Permit:

The Portugal Golden Residence Permit Program is a minimum of 5 years residence investment program for non-EU-Citizens. The Golden visa rewards applicants with residence permits. As of April 2020, the initial residence permits became valid for two years (used to be one year) and the subsequent permits became valid for three years each.  After 5 years, the applicant will be able to apply for both their permanent residency and citizenship otherwise the Golden Visa will need to be renewed.

There are currently numerous investment pathways to acquire the Portugal Golden Visa, the most popular are the below:

  • Real estate investment (280,000 Euros – 500,000 EUR)
  • Starting a new business (350, 000 EUR & creating 5-10 jobs)
  • Private equity fund investment (350,000 EUR)

The private equity option has become very popular in 2021 due to its simplicity.  Due to it’s popularity, the Portuguese government has confirmed that the amount for the fund option will be increased to 500,000 EUR in January 2022. For those interested it is now the time to invest.

Basil Mohr-Elzeki, VP Global sales at Stuart International, mentions the following benefits of the fund option:

  • Risk: By investing in a fund, you have access to different asset classes which provides diversification, stability & in turn, lower risk.
  • Cost: The fund option is more affordable with an amount of 350,000 EUR, which will increase in 2022 to 500,000 EUR.
  • Time: When compared to starting a business or buying a property, there is much less work involved, it is one of the most passive ways to come to Portugal.

Overall if risk, cost or time is a criteria, private equity can be a viable option for your pathway to Portugal. Keep in mind, the clock is ticking as the minimum will increase in 2022 – by starting the process now you save over 40% on the investment amount.

Processing time:

The Golden visa for Portugal processing time can take anywhere from 8 to 10 months.

Additional Benefits:

    1. Family members can be included on the Golden visa for spouse/legal partner, children under the age of 18 years, dependent children that are under the age of 26 years and are able to prove that the dependent will be studying or that the dependent is continually dependent on the parents, parents of either spouse if over 66 years of age (or 55 years and dependent) and siblings under the age of 18 years from either spouse or partner if they are legal guardians as determined by the courts.
    2. Access to the Schengen countries and visa free travel to 183 nations.
    3. Attractive tax regime for non-habitual residence.
    4. Grants the right to live, work and study in the country.
  • If you are a holder of the Golden Visa in Portugal and are residing in the country, where you spend more than 183 days every year in the country, you are covered by Portugal’s healthcare system, with amazing discount rates. If you are not living in Portugal, you need private health insurance in Portugal to cover you.
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UK Residency: What You Need To Know About Immigration And Banking

UK Residency: What You Need To Know About Immigration And Banking

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Despite the general stumbling blocks of ex-pat life, such as packing, moving, passports, flights, finding a property, and researching schools, the realities and the ordeal of preparing for life in another country may become daunting, but it does not have to be.

Unizest and Xpatweb have joined forces to simplify the visa and banking application processes for South Africans wishing to relocate to the UK in an extended all-in-one service offering.

Secure Your Residency

It is a known fact that to be able to relocate to another country, you need to get your immigration papers in order and with the strict UK immigration legislation, it can become a frustrating and taxing process when not following correct processes.

There are a variety of visa types available to secure your residency, whether you intend to start your job as a skilled worker, join your spouse, or to secure residency based on your ancestral history, it is recommended that you consult one of Xpatweb’s experts to ensure you apply for the correct UK visa in line with your circumstances.

Banking Solutions

Moving abroad isn’t for the faint-hearted, and whilst the above is imperative to the relocation process, so is banking. Overseas banking is probably the biggest stressor and hurdle to cross, however the easiest to overlook. Without the ease of finances, you are stranded, and as everything costs money, shelling out wads of SA Rands will do you no good when GB Pounds rule the streets.

Opening a bank account in the UK while still in SA preparing for the big move, can take between 3 to 6 months if you don’t have a residential history. Despite agents trying their best to expedite the processes, it becomes time-consuming and difficult to navigate from SA while you are eagerly waiting to settle in your host country.

Herein lies the conundrum of finding placement in the UK and there is no scarier experience than arriving in a foreign country with not enough money and the rest of your money trapped in a South African account. Through experience, we have seen the consequences of an extended timeframe and the drastic effect it can have on your finances.

Even if you have arranged with your SA banking institution that you will be transacting in the UK, every single transaction will cost you a small fortune and before clearing out your eyes, your reserves have been spent.

If you were thinking Bitcoin will be able to solve this problem, think again. Digital currencies have many pitfalls as most businesses do not yet accept crypto payments nor pay remuneration over in cryptocurrency, despite it being an erratic investment platform.

Non-UK workers or students have tried to find other, more questionable, ways around this age-old dilemma of getting available finances in the UK, which usually end in double taxation, penalties, or even criminal charges.

Coming Together

It is Xpatweb and Unizest’s mission to find solutions for expatriates to have a painless relocation experience. Xpatweb is the largest immigration agency in South Africa and appreciates the personal impact and importance of obtaining a legally correct visa, while not overburdening the client with paperwork with end-to-end facilitation.

While Xpatweb facilitates your immigration paperwork, Unizest is an established tech-based payment platform that offers an e-current account app for workers and students new to the UK. The Unizest e-current account app can be used in the same way as digital banking apps for day-to-day management of money, direct debits, international transfers and more. The simple and secure in-app sign up process enables you to open your e-current account in the UK, while in the SA, and avoiding the lengthy 3 to 6 month timeframe.

As an account holder, you can transfer funds in and out, even if in limbo, and start working and earning immediately. Your employer can also pay your earnings into your Unizest account and you will have access to it right away. Once you know your UK address, you can order your contactless Debit Mastercard to arrive there.

With a modest and affordable fee structure together with easy usage, the benefits of creating an account without facing the usual delays are countless.

In partnership with Xpatweb and Unizest, we provide an all-inclusive service to expatriates wishing to relocate to the UK, and overcoming the predicament of establishing a UK account is a massive leap towards helping clients settle in faster.

Unizest

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Australia-Travel-Update

Australia: Current Travel Restrictions And Skilled Migration Applications

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Travel to Australia is only available if you are exempt or you have been granted an individual exemption. Travel restrictions are subject to change in response to the circumstances surrounding COVID-19.

All people travelling to Australia must provide proof of a negative COVID-19 polymerase chain reaction (PCR) result at the time of check-in. Travelers must wear a mask while on the flight and while in the airport environment.

Sydney, Australia’s largest city and the capital of the New South Wales state, is nearing the seventh week of a nine-week lockdown. It has reported five deaths and a record 262 infections in the past 24 hours.

The government is also under pressure as Australia’s economy is threatened by a second recession in two years.

To boost the economy and regardless of the above restrictions, and through its General Skilled Migration Program, the Australian government invites skilled migrants with experiences in scarce areas which are facing workforce shortages. The main aim behind this program is to increase the productivity in the economy of Australia.

The Skilled stream of the Migration Program is designed to attract migrants who make a significant contribution to the Australian economy, and fill positions where no Australian workers are available. Skilled migrants have very high participation rates in the workforce, helping to stimulate economic growth, which results in more jobs.

To qualify for the Skilled stream of the Migration Program the basic criteria are:

  • Age – you must be under 45 years of age at the date of application
  • English language – you must have sufficient ability in the English language
  • Qualifications – you are required to have a tertiary qualification (usually a university degree or a trade) and your qualification must have been assessed by the relevant assessing authority in Australia.
  • Nominated occupation – when you apply you will need to nominate an occupation befitting your skills and qualifications. This occupation must be on the Skilled Occupations List in the case of the subclass 189 visa or on one of the State/Territory lists for the subclass 190 visa
  • Medical and character checks – you must be able to satisfy the criteria for both medical and character requirements

High skilled individuals can currently submit their applications, however, we encourage individuals who would like to benefit from this program to consult with a specialist to ensure that the technical aspects of the applications are clear.

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Employing Illegal Foreign Nationals The Cost The Risk & The Fix

Employing Illegal Foreign Nationals: The Cost, The Risk & The Fix

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With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

Consequently, the DHA has taken action and established an anti-corruption unit comprising of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.

Companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.

What the law says

The Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014 both clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa. However, there are still companies who employ candidates without doing the necessary checks ensuring they adhere to the regulations put forth in both amended Acts.

This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment, not to mention the bill for repatriating the individual to their home country.

As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.

In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration (CCMA).

For small to medium enterprises (SME) one such exercise could possibly cripple their business and force closure. For larger corporates, the full weight of the decision would be cast on the Human Resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.

It could also lead to the DHA and the DoL conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

The question will always be what HR departments can do to protect their company when employing foreign nationals.

Preventative measures:

Establishing vetting processes and staying current

It is imperative to incorporate updated vetting processes when employing foreign nationals. Fine combing each job applicant is a tedious, but necessary, task, which forms part of the HR duties and obligations. Understanding permit and visa types, which categories they belong to, and what the accompanying regulations say about employment on that permit or visa, is just as important.

While it is a challenge to stay current with legislation, it is not impossible. There are numerous platforms and resources available to HR departments. Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.

Experienced work permit and immigration providers

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards. For large corporations, this can be a daunting hurdle to overcome.

Calling on the experience of an immigration specialist with a sound knowledge of immigration and employment laws, as well as permit and visa requirements, will provide the necessary peace of mind that employees have been vetted accordingly.

An immigration provider that is well-versed on the specifications and requirements from the governmental stakeholders, will know the best course of action to eliminate any risk to the company. Failing which, make sure they offer specialist legal services, should there arise any legal dispute.

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