The Department Of Home Affairs Immigration Mandate

The Department Of Home Affairs Immigration Mandate

/in , /by

Mr. Makhalemele, the Deputy Director of Corporate Accounts at the Department of Home Affairs, provided much needed insight to the New Critical Skills list, along with a few other pressing issues.

The Department of Home Affairs Immigration mandate

Mr. Makhalemele started off his presentation by clarifying the DHA’s mandate with regards to Immigration in South Africa. He confirmed that their core mandate is to-

  • Facilitate and regulate the secure movement of people through the ports of entry into and out of the Republic of South Africa;
  • Confirm and provide enabling documents to foreign visitors legally residing within RSA;
  • Enforce immigration legislation and effect deportations;
  • Determine the status of asylum seekers and regulate refugee affairs; and
  • Contribute towards realising a positive skills migration trend into the RSA.

Mr. Makhalemele acknowledged that the department is well aware of the volume of foreigners who are residing in our country illegally, with either fraudulent paperwork or no status whatsoever. He implored all employers to ensure that all of their expatriate staff are in possession of legally obtained and issued work visas. He explained that the department is taking a “no-mercy” stance and cautioned all employers, that should they be found to have illegal expats, they will be fined and both the owner/CEO of the company as well as the Head of HR of the company, may face criminal charges and imprisonment. He explained that they are currently working their way through businesses and arresting both the illegal expats, as well as the relevant company representatives, he confirmed that he has personally been part of this operation recently.

The New Critical Skills List

Mr. Makhalemele gave the audience an interesting insight into the journey of the Critical Skills List, which started with the Aliens Control act in 1991 as a Quota List, it migrated into the Exceptional Skills List published first in 2005, which was revised and gazetted in 2014 as the Critical Skills List. The current 2022 list, which was gazetted in February of this year, is the latest version of the list since 2014.

He further explained that the road and processes that led to the new list, was not something that was done over-night. He detailed how they required input from all sectors of business, education, governing professional bodies, NEDLAC and the public, to ensure a comprehensive list which accurately represents the critical skills in South Africa, is presented. The sound and transparent methodology and research used to create the list, is a critical exercise required to assist the Minister of Home Affairs, he explained. He went on to detail that once they had received the necessary feedback, the list is then finalised by the Department of Higher Education and Training (DHET), which was presented to the Minister of Home Affairs for final sign-off and gazetting.

Methodology and Research used to draft the List

Mr. Makhalemele explained that DHET were responsible for both developing and applying the methodology used to prepare not only the draft list, but also the technical report that was released with the new list in February.

He provided that each occupation would need to meet the following criteria, in order to be included on the new list-
  • must be identified as a strategic priority; OR
  • be in acute shortage; AND
  • require workers that are highly qualified/ skilled; AND
  • have a long lead time to develop a supply pipeline.
He further provided, that occupations that were excluded on the new list, did not meet the following criteria-
  • Not linked to any of the identified economic priority sectors; OR
  • Not sensible to include (aligned to OIHD sensibility criteria); OR
  • Does not meet a shortage index score cut off test.
New occupations on the list, Changes to document requirements and legislation

Mr. Makhalemele explained how the methodology used, gave way to occupations that have been critical in our country for some time, but were not included on the previous list. These included, executive positions, STEM teachers and University Lecturers.

He further detailed the importance of meeting all documentation requirements by both the applicant and the employer, to ensure a positive outcome with a Critical Skills Work Visa application.

Details of the changes in the legislation and reasons for withdrawing of directives in relation to Permanent Residency for students and allowance of a 12-month work search visa, were provided.

This was of great interest, as Xpatweb have written a series of 12 articles touching on each of the above changes, post the release of the new list.

Critical Skills excluded on the new list

The audience at the mobility conference was comprised of leading professionals in the mobility and immigration industry. Mr. Makhalemele, graciously answered all questions posed to him which provided much need clarification.

When asked specifically about skills that are “known” to be critical but were not catered for on the new list, he explained that they were excluded because they did not meet the criteria he earlier described. He further explained that in some instances, they received no feedback from the industries or their professional body, which meant that the skills (although critical), could not be added on the list. He said that skills could not be put on the list if they did not meet all criteria, as this ensured a fair and transparent process.

The audience was captured by Mr. Makhalemele’s presentation which ignited many talking points amongst the attendees. Xpatweb is grateful to Mr. Makhalemele and the DHA, for providing us with his time and expertise, to speak at our conference.

CONTACT US FOR ASSISTANCE

Department Of Home Affairs Addresses Backlog At Xpatweb Mobility Conference

/in , /by

These key representatives sharpened their focus as the warm winter sun shone over the lawns of the Bryanston Country Club, where the conference took place. All of them taking in the enjoyment of what was, for many of the delegates, the first in person meeting since the pandemic restriction were implemented.

A consensus emerged among those in attendance: The pandemic has opened the door for significant shifts in global mobility, and organisations must now look at new and innovative solutions, collaborative efforts between organisations and providers, harnessing technology and the importance of employee experience to keep pace with these shifts.

Overview And Key Takeaways

The conference was facilitated by a familiar face, Jeremy Maggs, who spurred debate amongst the speakers and delegates. It started when Ben Makhalemele, who serves as the Assistant Director of Corporate Accounts for the Department of Home Affairs, took the stage for the Keynote presentation of the morning.

Mr. Makhalemele begun by emphasising the importance of security for the Department and quickly turned to the centralised adjudication system which became one of the most topical points of discussion for the day. He opened the floor and invited questions and debate early on, giving sobering yet hard-hitting answers to an engaged audience.

He highlighted the challenge of only 6 adjudicators currently assisting with pending visa applications, which is the catalyst of the very real issue of large volume backlogs and overdue applications. Business strongly argued the impact of the delays and need for solutions while Mr Makhalemele proactively engaged and satisfied the attendees with practical escalation measures leaving HR and mobility professionals with a sense of relief.

Mr. Makhalemele was followed by SAIT’s Chief Executive Officer, Keith Engel who addressed the new Critical Skills list, the inclusion of tax professionals and the role of professional bodies in the process highlighting SAIT’s approach.

Sonwabo Sibayi from the South African High Commission in London focused on the new centralised adjudication system from the perspective of the High Commission and what applicant’s can expect going forward.

Jerry Botha, Managing Partner of Tax Consulting South Africa and principal author of the Lexis Nexis textbook on Expatriate Tax, unpacked the seven laws of remote working that will assist business in determining their tax responsibilities. These rules included corporate presence; tax presence, labour presence; PAYE and social security; right to work, personal financial planning and consideration of the practicality of employing resources abroad. Jerry then went on to provide a three-bucket solution that companies should consider when hiring remote workers.

After lunch, Levi Schooling, Expatriate Solutions Professional with Xpatweb offered some clarification on the comprehensive nature of SAQA’s mandate and services. He then went on to describe their large restructuring initiative, which resulted in a reduction of employees from over 100 to just 30, with just 8 of those staff members assigned to foreign qualifications. A stunned audience listened intently as Levi unpacked current delays from the Regulator and practical steps for employers to follow on evaluations submitted.

The rest of the day saw a presentation by Tanya Tosen, a Master Mobility Specialist at Tax Consulting South Africa who spoke about the most cutting-edge approaches to global mobility. Followed by a panel discussion which included top mobility professionals Nanda Scott, Group Chief Human Capital Officer from Inq; Menushka van der Westhuizen, Head of HR at Saint Gobain and Shargani Pillay, Remuneration and Benefits Manager at JTI facilitated by Jeremy Maggs. The discussion brought to light mobility challenges organisations faced during the pandemic and how different organisations have implemented an array of solutions.

Marisa Jacobs, Managing Director at Xpatweb closed the session introducing delegates to Xpatweb’s online immigration system, which enables businesses to monitor their whole expatriate population in once central place for an end-to-end view, streamlined compiling and smart reporting.

In Conclusion

The event successfully spurred on debate about the need for business to collaborate with relevant Government Department to best facilitate global mobility; best practices to consider when seeking out skilled workers abroad; how to promote and maintain productivity when employees are working remotely and what technologies can be utilised to best support remote working and mobility.

For assistance with any delays you are experiencing with the processing of your visa applications, please reach out to us and we will provide the necessary guidance.

CONTACT US FOR ASSISTANCE
Attracting & Retaining Top Talent: HR Experts Weigh In

Attracting & Retaining Top Talent: HR Experts Weigh In

/in , /by

Moderated by Mr. Jeremy Maggs, an engaging segment was held between a panel of three of the top Mobility specialists in the country. The panel comprised of: Nanda Scott, the Group Chief Human Capital Officer at INQ, Menushka Van der Westhuisen, the Head of HR- Africa Hubs at Saint-Gobain and Shargani Pillay, the Remuneration and Benefits Manager at JTI (Japan Tobacco International).

Mr. Maggs moderated the discussion skilfully, with the panel tackling topics from –

  1. Competing to attract top talent;
  2. Skills transfer initiatives;
  3. Impact of legislation changes on business; and
  4. The responsibilities and obligations of employers.

The panel provided further insights as to their professional experiences with regards to reward and recognition strategies, as well as maintaining staff’s mental health during the hard lockdown period and the rest of the Covid-19 years.

Mental health

Mental health was a hot topic of discussion, as the trio all concurred that the mental health of their employees is of the utmost importance and key to maintaining and balancing productivity with downtime.

The audience was also given the opportunity to interact with the panel and some surprising alternative ideas were given. One attendant spoke about her own initiatives, and how their company hosted a few sessions per week, where staff were gathered in an online meeting, to take part in stand ups and stretch exercises, as well as yoga sessions.

Furthermore, weekly telephonic check-ins were conducted to ensure that the employees’ personal interaction needs were accommodated for. Surprisingly, the staff engaged more and shared more about themselves in these sessions, compared to the “pre-Covid” stand ups and watercooler talk usually found around the office.

Incentivisation

It is no secret that the Covid years were difficult, for some people more so than others. The upshot of the Lockdown measures is that people have become more attuned to the possibilities that remote working offers.

Working out of country and switching between employers is something of a trend, deemed “The Great Resignation”, as more people explore the possibilities of alternate employment. It has become apparent to employers, that in order to retain valuable employees, companies would need to incentivise the staff, to not only stay with the company but stay motivated to work.

Shargani Pillay of JTI discussed her company’s initiative to provide a monetary subsidy to each employee, to allow them to purchase products that would make their life easier at home. Power inverters, to keep laptops alive, was one such purchase that the company motivated. This assisted them to overcome the challenges that loadshedding had posed, to working online.

Another attendee stated that they provided larger annual bonuses, to incentivise their staff not only to retain them, but have them return to the office. This approach widely surprised the panellists and the other conference attendees.

Tax, as a defining barrier for remote work

The panel agreed that with many people seeking alternate mediums of employment in the post-covid years, it has become apparent that with the technological revolution allowing us to work from anywhere in the world, that certain legislations would need to be adhered to, that were never a factor before.

One such issue is that of what is quantified as “work” in terms of South African and world-wide immigration legislation. According to keynote speaker Mr. Ben Makhalemele (Assistant Director of Immigration Services at the Department of Home Affairs), if remote workers are carrying out work functions in South Africa, they would need to obtain a valid work permit to continue working in the country. This, he said, would be a requirement whether or not the company they work for has a presence in South Africa, and regardless of where or how they were remunerated.

Further to this, Tax Consulting SA’s Managing Partner Jerry Botha, added that tax creates an additional layer of complexity to any remote working assignment. He explained that government and legislators should carefully consider that remote workers would be subject to taxation in both the country that they are working in, as well as that of the country where they find themselves resident.

Ordinarily resident tests are carried out in South Africa to determine a specific person’s tax liability. However, the test is 22 years old and does not take into consideration the switching behaviour of remote workers in the country. It will take some time for legal practitioners to work such accommodation into legislature on a global scale.

Collaboration

The conference was the first of its kind in South Africa and was welcomed after many years of tight restrictions on in-person events. The diverse panel of speakers and the presence of the Department of Home Affairs was a catalyst to stimulating deep and insightful discussion amongst industry leaders.

Xpatweb look forward to hosting a follow up event later this year and to keep the conversation going as it ultimately relates to the economic development of this country.

CONTACT US FOR ASSISTANCE
SAQA Processes: Processing Timeframes And Stumbling Blocks

SAQA Processes, Processing Timeframes And Stumbling Blocks

/in , /by

Levi Schooling, an Expatriate Solution Specialist at Xpatweb and ex SAQA employee of 7 years, provided much needed insight into the innerworkings of SAQA and the reason behind the recent delays.

SAQA’s Scope

Whilst those in the Immigration and Mobility services industry utilise SAQA solely for the verification and evaluation of foreign qualifications, Levi provided insight into the full scope of SAQA’s mandate and services. Levi explained that verifications and evaluations of foreign qualifications was not the main focus of SAQA, as they were mandated with the following duties-

  • The maintenance of the National Learner Records Database
  • Regulation of institutions and qualifications issued in South Africa
  • Verification of South African Qualifications
  • Advisory services as to Learning trajectory and career advice
  • The registration of professional bodies
  • The evaluation of foreign qualifications
The Evaluation of Foreign Qualifications

Levi went on to explain the process of how Foreign Qualifications were evaluated and stressed the mammoth task that the evaluators were tasked with. He explained that the evaluations would need to satisfy the following requirements, to be successful –

  • That the qualifications are authentic
  • That the Institution offering the qualifications was an accredited institution at the time of Enrolment and Award
  • That the institution was accredited to offer the qualification at the time of Enrolment and Award
  • That the qualifications are comparable to a South African qualification according to level descriptors indicated by the Policy and Criteria for the Evaluation of Foreign qualifications
Current Affairs at SAQA

Levi discussed that whilst in the past, the evaluation processes ran smoothly, with very few applications taking longer than 6 weeks, he conceded that that was no longer the case. He explained that the lengthy processing times could be attributed to the recent restructuring that occurred shortly after the level 5 lockdown.

Restructuring at SAQA

While tariffs are charged for the evaluation of foreign qualifications, National treasury still allocates funds for SAQA’s other functions. Treasury informed SAQA of implemented budget cuts which continued until the middle point of the Covid years, when it became evident that in order to meet the budget, a large-scale restructuring would be required.

Essentially this meant that whilst SAQA had a staff compliment of over 100 personnel before the restructuring, the proposed restructuring would leave 30 personnel once completed. It was further explained, that out of those 30 employees, a mere 8 of them were assigned to foreign qualification evaluations.

One can now clearly see that the delay and lengthy processing times for SAQA evaluations is directly attributed to the low staff compliment, However, these have intermittently been supplemented by contract workers to assist in compensating for the shortfall. This delay in the processing of the evaluations has had huge impact on visa applications, specifically those looking to apply for work visas.

A way forward

As has been long proposed, SAQA is currently engaging third parties for automation of internal processes to further accommodate for the staffing at SAQA. Levi explained that Xpatweb fosters positive relationships with various stakeholders in the industry, with SAQA being one of these stakeholders. Collaboration is key to smooth legislative processes required for business and to better serve our clients.

CONTACT US FOR ASSISTANCE
Teaching Back On The Critical Skills List

Teaching Back On The Critical Skills List

/in , /by

This shows a recognition by the Department of Higher Education and Training and the Department of Home Affairs, that if we are to supplement the skills shortage in South Africa, we have to start at the point where education becomes a path into professional fields.

The Department has included FET (Further Education and Training) School teachers for grades 8 to 12 within the STEM fields (Science, Technology, Engineering and Mathematics). These obviously being the most prevalent of subjects, if we are to compare to the rest of the world and compete on par within the 4IR (Fourth Industrial Revolution).

Teaching future professionals:

It’s no surprise then that these aptitudes need to be synergised and bolstered with the teaching of relevant skills that are missing in South Africa. As such Nurse Educators and University Lecturers have also been included on the list. Whilst the teaching of the nursing profession is of obvious importance, the fields that would be ideally taught for the lecturing profession is further broken down in the Critical Skills Technical Report issued by the Department of Higher Education and Training. These fields will define which lecturers will be eligible for a Critical Skills Work Visa.

The fields that are being considered are:
  • Accounting and Informatics
  • Agricultural Environmental and Natural Sciences
  • Arts – Design and Social Sciences
  • Business Studies
  • Commerce
  • Economics
  • Education
  • Management Sciences
  • Engineering and the Built Environment
  • Food Service Management
  • Health Sciences
  • Humanities
  • Information and Communications Technology
  • Law
  • Medicine and Health Sciences.
  • Science
  • Physics
  • Public Management and Administration
  • Theology

One can quickly see where our government places importance in skills development. And while a few of these fields belong to occupations that are no longer on the Critical Skills List, it is evident that there is a big push being made for these professions to be taught and grown at home.

The speed of education might be a problem

With professionals such as Doctors, Public Health Management and Nurses being left off the list, one must wonder at the current supplement of such professions in South Africa; Are we able to accommodate for South Africa’s needs whilst these professions are being trained up? And if so, what is to stop them from leaving? The skills shortage exists for many reasons, ranging from better pay or prospects for professional skills abroad to security issues.

Furthermore, the government’s White Paper on Migration makes the important scrutinisation that the ratio between professionals leaving the country, versus professionals being sourced in South Africa via Immigration, is 8:1. A rather telling figure of how desperately South Africa requires professionals.

What will the future bring?

The inclusion of the teaching professions on the list is by no means a bad decision. And we can see that these were carefully chosen according to key areas where skills are missing in the country. But the problem from the beginning, at least in part, was not sourcing such professionals, but retaining them.

The Government will have to take careful steps in incentivising such professions for their specialist knowledge and skills, to give them reasons to stay. True, there are economic and political factors at play, that are difficult to change or even influence. However, retention will be the measure to which the success of the overall initiative will be measured.

CONTACT US FOR ASSISTANCE