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.