SA visas may give ZEP holders the best chance of staying in SA

SA Visas May Give ZEP Holders The Best Chance Of Staying In SA

This is according to Marisa Jacobs, Managing Director at Xpatweb, an expatriate and international mobility services firm. “The general but mistaken sentiment among ZEP holders seems to be that it is a pointless exercise because applicants will inevitably not be successful with their applications,” she says.

The reality is that ZEP holders can benefit much more from taking action now than waiting for their permits to expire.

In October, Zimbabwe’s Minister of Information, Publicity and Broadcasting Services, Monica Mutsvangwa, said that less than 10% of the some 180,000 ZEP holders had applied for available South African visas. This was against the previous deadline of 31 December 2022. Because of the low response, the Minister of Home Affairs extended the period of exemption to 30 June 2023.

Protection

It appears evident that the government wants to end the ZEP process itself rather than discourage the presence of Zimbabweans in South Africa. This is so that, as foreign nationals, their stay in the country will be administered through the prescribed visa system and not independently of it.

“The Minister’s published directive on the implementation of the extension expresses sensitivity to the applicants by providing them with concrete protection,” says Jacobs.

This includes the following provisions for ZEP holders during the extension period:

  • They may not be arrested, ordered to depart the country, detained for deportation, or deported for not having a valid exemption certificate label or sticker in their passport.
  • They may not be dealt with in terms of sections 29 (Prohibited persons), 30 (Undesirable persons) and 32 (Illegal foreigners) of the Immigration Act.
  • They may exit and re-enter the country freely provided they meet all the requirements for entry/departure, except for having a valid permit in their passport.
  • They are not required to produce a valid exemption certificate or an authorisation letter to remain in South Africa when making their application for any category of visa, including a temporary residence visa.

“This means they can move around freely and apply for an appropriate visa without fear of exposing themselves to prosecution or bureaucratic discrimination,” says Jacobs.

Benefits of a visa

A ZEP holder only has to look at the limiting conditions reflected in their passport to realise the benefits of applying for a visa.

First, they do not have the right to seek permanent residence in South Africa, regardless of how long they remain in the country. Applying for a visa for which they qualify presents the possibility of one day enjoying permanent residence.

ZEPs also cannot be renewed or extended. The current extension applies to the elimination of the ZEP system altogether, not the expiry of individual permits. On the other hand, visas may be renewed for qualifying candidates.

In addition, the ZEP holder cannot change the conditions of their permit inside South Africa. For example, to be granted a work visa, they would need to return to Zimbabwe and make their application through an SA embassy there. The extension grants them the ability to apply for a visa while still in the country.

Act now

Of course, the deciding factor is that the ZEP holder’s time will run out on 30 June 2023 anyway. So, they have nothing to lose by making their application but nothing to gain if they don’t. Home Affairs has made it clear that no further extensions will be granted.

Finally, it is possible that a backlog will build up nearer the deadline, causing delays in the processing of applications.

“To ensure that your status remains valid post 30 June 2023, apply now to give yourself the best chance of success and plenty of time to plan ahead,” says Jacobs.

Increased Global Hiring And Talent Shortages Bode Poorly For SA Critical Skills

Increased Global Hiring and Talent Shortages Bode Poorly For SA Critical Skills

“This means more international competition for South African employers desperate to attract critical skills from abroad,” says Marisa Jacobs, Managing Director of visa and expatriate services firm Xpatweb.

The survey indicates that South Africa exhibits the second strongest hiring intention (38%) among European, Middle Eastern and African (EMEA) countries, after Ireland (42%). However, 78% of local employers reported talent shortages resulting in difficulties filling positions.

The global labour gap also creates greater opportunities for skilled South Africans to emigrate to greener pastures, further eroding the country’s talent base.

There is no doubt that South African employers will have to work harder to acquire the critical skills they need.

Less red tape

Companies who identify foreign talent must act quickly to hook them and cannot afford to be held up by bureaucratic immigration processes that delay entry into the country.

So, it is more important than ever that employers actively involve themselves in the development of legislation around critical skills to prevent the build-up of unnecessary red tape.

Regulations should be fair to South Africans but also pragmatic about the availability of specialised professionals locally. New bills, like the Employment Services Amendment Bill 2022, seek to regulate the hiring of foreign nationals more closely while acknowledging the need to accommodate foreign critical skills.

This is only possible when the needs of critical skills employers are well known to policymakers. “By making their voices heard, employers can be instrumental in a more meaningful and streamlined process for importing foreign talent,” says Jacobs.

One way to achieve this is by participating in Xpatweb’s currently running Critical Skills Survey 2022.

An authoritative reference

Xpatweb has run its Critical Skills Survey annually since it was first launched in 2017. Over time, its survey data has become recognised as an authoritative reference among policymakers.

The firm was asked to present its 2020/21 findings to the Department of Higher Education and Training (DHET) and other participants involved in developing the Occupations in High Demand (OIHD) list. Its data was also referenced both directly and indirectly in compiling the national Critical Skills List, published in February 2022, and amending the final version, published in August 2022.

“As the only private sector organisation invited to participate in these milestone events, we were able to convey the voice of industry to the government’s ear through our survey and interpretation of its data,” says Jacobs. She notes that the firm’s input was well received and carefully considered by the stakeholders.

Her team was also invited to contribute its insights to the development of the aforementioned Employment Services Amendment Bill 2022.

Jacobs says the firm is committed to helping businesses benefit from future legislation by continuing to engage government on open access to critical skills. “The more companies participate in the survey, the more readily their views will be received by policymakers,” she says.

Xpatweb’s survey gives employers the opportunity to be heard by legislators and its data allows them to participate indirectly in shaping immigration legislation.

Invitation

Jacobs invites critical skills employers to ensure their needs are recognised by taking part now.

As the global pool of special talents shrinks, South African employers will need every advantage at their disposal, including efficient legislation that works in their favour. Any delays could force prospective hires to seek employment in countries that are more accommodating.

“With sufficient data of the quality our survey provides, lawmakers can consider a better balance in their approach to critical skills regulation,” says Jacobs.

SARS Ups The Ante On Expatriates Trying To Cease Their Tax Residency

Employers Have a Window of Opportunity on their Zimbabwean Staff

Impact on employers of ZEP holders

The battle to retain already trained and effective staff remains a priority for most employers and the announcement by DHA will no doubt create anxiety for any employer of individuals on the existing ZEP dispensation. Any prudent business owner understands the benefit of retaining quality staff as well as the frustration, time and money it takes to recruit new staff.

We have seen active moves by employers to start the process to retain their Zimbabwe employees. With the various Department of Labour audits now happening, employers have effectively one of two choices – start to immediately address the retention of ZEP staff with or have a contingency plan in place for these resources which will soon become unemployable.

Visa options available

During a recent interview on Radio 702, Marisa Jacobs, Managing Director at Xpatweb, SA’s largest independent immigration practice, explained the various visa options available in terms of the Immigration Act that ZEP holders could explore. This includes:

  1. Spousal / Life Partner Visa with Work Authorisation (if married or in a permanent relationship with a South African Citizen / Permanent Resident, subject to conditions).
  2. Relative’s Visa (if related to a South African Citizen / Permanent Resident who is either a spouse, parent or child).
  3. Critical Skills Work Visa (if holder of critical skills as set out in the Gazetted Critical Skills List issued by DHA).
  4. General Work Visa (if offered South African employment and approved by Department of Labour, subject to assessment).
  5. Study Visa (if enrolled /accepted to take up studies at a registered educational institute in South Africa).
  6. Business Visa (where you have your own business and meet the investment and labour requirements).
  7. Retired Person Visa (where the applicant has income exceeding R37,500 per month from a pension, irrevocable annuity, or other income source).

After applying for a mainstream category, eventually a Permanent Residence Permit can be secured.

Next steps

With the countdown until 30 June 2022 underway, employers are encouraged to support their ZEP holder staff by submitting their application as soon as possible heading the call by the Minister.

The process to apply for any of the above visa categories can be administratively burdensome and costly where you get it wrong. This is where proper planning and experience of the visa process, along with a solid relationship with DHA is worth its weight in gold, as it will greatly improve the probability of a successful application.

Marisa Jacobs and minister of DHA
VFS Submission

VFS Submissions

Xpatweb adds value to the services we provide to our clients. We are pleased to share that on certain days, any individual can now submit their visa applications without hassle at our offices in Bryanston.

Why travel to Pretoria CBD when you can meet an immigration consultant and experience a seamless visa application process closer to home?

We’d like to extend to you a special invitation to come to our offices and submit your visa application without any hassle whilst saving you travelling time and avoiding the queues.

Subscribe to our newsletter below to receive updates on dates when officials from the Visa Facilitation Services Centre (“VFS”) will be visiting the Xpatweb offices.

There are limited slots available during these visits so booking are essential. Contact your specialist today to secure your slot or email us at contact@xpatweb.com

Submission has never been quicker, more convenient, and secure. Book your visa application today!

Updated Process For Applications For Id’s And Naturalisation Via Permanent Residency

Updated Process For Applications For ID’s And Naturalisation Via Permanent Residency

Prior to this directive, all individuals who wanted to apply for ID’s and Citizenship, would first need to apply for and obtain Proof of Permanent Residency. This application was done via VFS and adjudicated at Head Office. This caused a delay in obtaining the document, as some applicants waited up to a year to receive same.

Home Affairs have now confirmed that this will no longer be a requirement when applying for ID’s. Additionally, those who wish to apply for Citizenship by Naturalisation, will no longer be required to apply for proof of PR. Instead, they will need to email a copy of their PR certificate to the verifications department and will then be provided with the verification within 10 – 30 days from the date of submitting the request.

The Directive does confirm that the Proof of PR process will need to be followed by those who do not have their original Permanent Residence permit.