Entries by xp-admin

Withdrawal of Centralised Adjudication

04/09/2022 in , /by

They found that the same type of application may be approved at one Embassy but then rejected at another and certain Embassies would process the application in just a few weeks whereas other Embassies might take months to process the same type of application.

In an attempt to eliminate these inconsistencies, earlier this year the Minister of Home Affairs announced that long term visa applications submitted worldwide would be sent to Head Office in Pretoria to be adjudicated.

This change meant that almost 200 consulates were sending all their long-term visa application to one centralised point to be adjudicated by only a handful of adjudicators. The new process created a bottleneck since its inception and caused unprecedented delays, with applications taking in some cases 7 to 8 months to be finalised.

After facing strong criticism on the changes made to the adjudication process from businesses wanting to invest in the Republic, on 31 August 2022 the Department of Home Affairs prepared a directive, released earlier today that effective immediately withdraws the instruction to South African Missions abroad to send their long-term applications to the centralised hub for adjudication.

This decision should lead to much faster processing times for long-term visa application and lesson the strain on investors. The Department is expected to make further announcements on the transitional logistics with regards to applications that have already been sent to the Department of Home Affairs in South Africa for processing.

AN UPDATE | 06/09/2022

REVERSAL OF THE CENTRAL ADJUDICATION PROCESS

Reversal of the central adjudication process was announced on the weekend and the Department of Home Affairs will make further announcements on the transitional logistics with regards to applications that have already been sent to the Head Office for processing.

APPLICATION PRIOR TO THE REVERSAL

We understand that a decision has been made that all applications submitted prior to 31 August 2022 at an Embassy abroad will continue to be adjudicated and processed at the Head Office.

NEW SUBMISSIONS

All applications submitted from 1 September 2022 onwards, will be adjudicated at the Embassy of submission.

Where you have any new applications due for submission, please feel free to reach out to us to ensure you are following the new process and have correct guidance for first time correct submission.

Where you have any pending applications submitted prior to 31 August and this has not been placed on our list of urgency, please do let us know.

Where your visa applications are already with us and you are a client we will send you a separate note on your matters and the process going forward.



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Last Chance Extensions For Zimbabwean Exemption Permit (ZEP) Holders

03/09/2022 in , /by

On 2 September the Minister of the Department of Home Affairs Dr Aaron Motsoaledi, announced a last change further 6 month grace period to allow ZEP holders to regularise their status by applying for a main stream visa category.

ZEP Permit Background

The Zimbabwean special dispensation started in 2009 and was called the Dispensation for Zimbabwe Permit. It provided for the documentation of qualifying Zimbabweans for a five-year period.

The permits were extended in 2014 for a further three-year period until 2017 and called the Zimbabwean Special Permit. The current Zimbabwean Exemption Permits were issued in 2017 and expire on 31 December 2021

Next Step For ZEP Holders

ZEP holders have been granted a grace period to 30 June 2023 to apply for a visa in terms of the Immigration Act of 2002, as amended, subject to qualifying for an alternative visa category based on the requirements and minimum qualifying criteria.

ZEP holders may qualify for the following types of visas:

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

Requirements To Proceed With Waiver Submission

Where you wish to proceed with the Ministerial announced submission category, the following next steps is required –

  1. Formal engagement letter, non-disclosure agreement and invoicing
  2. Full details on the law, category of application and technical aspects
  3. Checklist and description of the documentation required
  4. Cover letter template and example
  5. Motivation letter templates and examples
  6. Compilation of the application in the proper form ready for submission to DHA
  7. Addition to our tracking schedule with the DHA, including being kept up to date on formal legal developments

To proceed, please complete your details below and we will share with you the costs and our engagement letter for signature.

Highest Response Rate Expected For 2022 Critical Skills Survey, Driven By Growing Skills Demand

30/08/2022 in , /by

This is according to Marisa Jacobs, Managing Director at Xpatweb. The expatriate and visa services firm played a key role in shaping the latest Critical Skills List, contributing vital research and technical input during its development and final release.

Says Jacobs: “We are seeing unprecedented global events disrupting international markets and talent supply chains, leaving both risks and opportunities in their wake. So local employers must press for the List to be updated regularly to reflect emerging skills shortages that would be severely aggravated by visa denials.” This is on top of South Africa’s persistent exodus of qualified and experienced professionals, leaving to seek greener pastures abroad.

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

An authoritative reference

The survey was started in 2017 and this will be its fifth cycle, with the 2020/21 results being consolidated due to constraints caused by COVID-19.

However, the study came to prominence when its 2020/21 preliminary research findings were submitted to the Department of Higher Education and Training (DHET) for consideration in drafting the latest national Occupations in High Demand (OIHD) list.

Consequently, the DHET invited Xpatweb to present these findings as part of an interdepartmental session between itself, the Department of Home Affairs (DHA), the Department of Labour (DoL) and the Department of Trade, Industry and Competition (DTIC). Notably, Xpatweb was the only private-sector entity to be afforded this privilege.

The OIHD list served as the basis for the 2020 national Critical Skills List and Xpatweb’s continued submissions ensured that several discarded critical skills were returned to the list before its final release in February 2022. This includes controversial omissions such as Corporate General Manager, certain Engineering occupations and Health Sector professions, which were consequently readded as a result of Xpatweb’s input.

“This milestone established the Critical Skills Survey Report as an authoritative reference for policy makers, businesses, analysts and other stakeholders, and its source data as an influencing force in moulding legislation,” says Jacobs. It also marks the Xpatweb team as a competent and reliable provider of relevant research and subject matter expertise.

The future of critical skills

Recent global events, such as the COVID-19 pandemic, Brexit, conflict in the Ukraine, climate change, skyrocketing inflation and more, are testing even traditionally resilient economies. In addition, changing attitudes towards work, witnessed as the Great Resignation in the Northern Hemisphere, as well as a global skills crisis, are impacting the distribution and availability of critical talents.

“South African employers must act swiftly to attract scarce talent. They cannot afford to face visa barriers, propped up by an already ageing Critical Skills List,” says Jacobs.

She says her firm looks forward to a List that is systematically and organically amended to accommodate the rapidly changing critical skills supply chain. However, this would require that its custodians have access to a sufficient volume of meaningful data.

“Employers who participate in Xpatweb’s Critical Skills Survey are contributing to that body of data and effectively clearing the path for an evolving Critical Skills List that meets their current and emerging needs,” says Jacobs.

How to take part

It is more important than ever that critical skills employers take part in Xpatweb’s biggest Critical Skills Survey yet. The online survey launches on 31 August 2022 and will run until the end of October. Its results will be published in the company’s Critical Skills Survey Report 2022 once all the data has been correlated.

When the Critical Skills Survey goes live, Xpatweb will send an invitation to its database of opted-in participants and announce its availability on popular social networks, like LinkedIn and Facebook. However, anyone can take part by visiting www.xpatweb.com from the 31st of August.

“As the survey remains extremely relevant, we’re expecting an amazing turnout this year, and look forward to publishing our most informative Critical Skills Survey Report to date,” says Jacobs.



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Changes In The Previous Flexibility Afforded To Passport Applications And Collections For South Africans

12/08/2022 in , /by

The announcement has come as a surprise to many and will surely hinder those who were accustomed to the past procedures

The new process

South African passport applicants are now urged to apply for and collect their passports themselves directly at Home Affairs, from the office where the application was submitted, this is done to protect the integrity of documents. During the collection process, passports will be activated by the applicant’s fingerprint which will be compared to a photo. Only parents or legal guardians can apply and collect for minors.

Emergency passports can only be issued at embassies to South Africans stranded abroad, typically the turnaround time for passport applications is anything between 5-12 days. It is advised that applicants make use of the online booking system and the department’s partnerships with the banks to avoid long queues.

The reason for the new changes

In the past months, there have been reports of cases of fraud and corruption involving passports, by high-profile officials.

The officials were arrested following fraudulent processing of passports to illegal immigrants, which foreigners were consequently caught using illegitimate South African passports abroad. To mitigate this, the Minister explained that passport collections will no longer be transferrable and third-party collections will no longer be permitted.

Additional changes

Additionally, the Minister announced that the department will be withdrawing the transit visa exemption for Bangladesh and Pakistan with immediate effect from the 01 August 2022 and travelers will now have to apply for a transit visa to come to South Africa.

These most recent developments, together with others that have taken place over the course of the last several months, make it quite evident that Home Affairs is adopting a policy of “zero-tolerance” with regard to fraud and corruption inside the Department.



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Dire Consequences For Non-Compliant Companies

08/08/2022 in , /by

One version is that the undocumented workers allegedly turned against the farmers during inspection claiming that they were working in the country against their free will.

Xpatweb hosted a Global Mobility Conference on 30th June and were honoured to host Mr. Ben Makhalemele the Deputy Director of Corporate Accounts at the Department of Home Affairs, as the Keynote Address. Whilst he touched on various pressing issues, one of the topics that stood out was the issue surrounding companies ensuring that they are compliant with the Immigration Act and its Regulations.

He highlighted that with recent developments and a push from Government to oust all illegal immigrants from South Africa, Department of Labour, along with Home Affairs have been conducting increasing inspections on companies to ensure Immigration compliance. He explained that it was the employer’s responsibility to ensure that their employees were in possession of legally obtained work visas. He confirmed that the Department is taking a “no-mercy” stance and cautioned all employers, that should they be found to have foreign workers without the necessary work visa, the company will be fined and both the owner/CEO of the company as well as the Head of HR, may face criminal charges and imprisonment.

There were questions hereon from HR executives at the conference, as employers have to rely on employees to provide the correct paperwork, as they themselves were not “experts” in immigration matters. Mr. Makhalemele noted that as a company and HR who hire foreign labour, you are expected to know what is required by the Government with regards to legally compliant visas and that “ignorance” of the law is not an excuse. He specifically referred section 49(3) of the Immigration Act and which criminalises the employment of illegal foreigners and comes with arrest for the HR executive and imprisonment of up to 5 years.

Business should take note that, that any person found on your premises, whether formally employed by you or working as a contractor, is deemed to be your responsibility.

Mr. Makhalemele implored the companies to seek out assistance with this matter, should they not have the relevant knowledge or experience to ensure that the company is compliant.

When Xpatweb does a compliance audit for employers, there is a specific set of documentation which can be independently verified as valid and compliant. This not only protects the employer against prosecution, but also allows proactive steps to be taken in cases of non-compliance.



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