Entries by xp-admin

More Skills Added To The Critical Skills List

04/08/2022 in , /by

Previous Exclusion of Skills

The list gazetted in February saw an exclusion of medical professionals despite the shortages we face within South Africa.

As such, there was a massive backlash from various regulatory bodies, as well as medical professionals who already are working in South Africa under the previous 2014 list, in addition to those completing their studies and ready to move on to employment. Many felt that they had studied, worked and placed their lives on the line during COVID times for the country and felt it in bad taste that they were then not able to move on to a Critical Skills Work Visa from a Study Visa, renew their current Critical Skills Work Visas or apply for Permanent Residency.

What does the new list include?

The revised list hosts additions that are predominantly focused on the medical and health practitioner’s field. These skills are related to professionals who either treat or prevent illnesses, diseases and/or injuries. These practitioners specialise in certain disease categories or research within their chosen areas of specialisation.

HASA (The Hospital Association of South Africa) issued a statement that the nurse shortages in South Africa placed a hefty burden on the current nursing professionals during the Covid-19 pandemic, whereby there was an increase in the deterioration of working conditions.

Amongst other occupations, the following is now included in the revised list:

  • Dentists – specialising in community dentistry, maxillofacial and oral pathology and maxillofacial and oral surgery
  • Medical practitioners – specialising in anaesthesiology, cardiothoracic surgery, clinical pharmacology and public health, and paediatrics.
  • Pharmacist – including industrial pharmaceuticals.
  • Registered Nurses – including critical care nurses, midwives, and childcare nurses.

What happens next?

To combat the shortages within these fields, HASA has called out to the private medical sector and various bodies regulating the profession to fully utilise any skilled workers who qualify for a visa based on these professions to ensure functioning medical services provided to the people of South Africa.

If you require assistance and would like to understand your options regarding the new updated list, or to take up employment within South Africa, email us at contact@xpatweb.com



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Mobility And Tax Changing Practices

04/08/2022 in , /by

During the discussion, it became clear that, the dichotomy for business between flexible mobility and the need to comply with tax in multiple countries may be one of the factors in non-compliance.

Changes to the way we work are happening faster than ever before and businesses need to keep up to survive. A new model is emerging, where staff with critical skills may be based anywhere in the world. This pressure to mobilise employees increases the challenge of managing fast-changing government requirements in areas such as tax, social security, and immigration law. Our experienced team has global reach and can ensure both employer and employee remain compliant.

In an increasingly globalised world, companies need to have access to the right people at the right time, wherever they are in the world. These days, having a global footprint can often mean moving the task to the worker rather than moving the worker to the task. This flexibility is key to success but achieving it means overcoming the complexity of managing teams in multiple locations.

Since the Covid pandemic, the mobility landscape has changed immensely where the following trends have been identified:

  1. On average companies have repatriated 1/3 staff temporarily/permanent during the pandemic.
  2. Technology systems helped companies weather the storm better – it has been a lifeline during the pandemic to assist business to continue as normal.
  3. There is an increased need to track whereabouts of expats – this further impacts compliance for tax, social security & payroll.
  4. Most organisations have realized the need to changes mobility programmes, policies and processes.
  5. A drive in the mobility sphere towards automation, expatriates have worked remotely but costs in the spotlight with the need to be reduced significantly.
  6. There has been a reduction in assignment numbers, but this is starting to regain some traction.
  7. Assignment numbers will take time to recover.

Key highlights include incorporating a Mobility Cost Calculator with technology as a focus being the forefront:

  • Costs are a key focus, and most mobility professionals are looking at ways at cutting costs.
  • Mobility Cost Calculator is pivotal to determine reasonable cost estimates of an assignee for informed decision-making purposes.
  • This calculator may include the following key components:
    – Employee Salary Build Up Calculation
    – Employer Total Assignment Cost
    – Tax Gross Up & Social Security Contributions

Recently, we noticed fundamental changes to business treatment of mobile workers, thanks to the increasing ability to work remotely, ease of travel, and pressure to save costs. While, traditionally, businesses were prepared to second senior employees to another country for a long-term assignment, this type of package is now being reconsidered.

The ease and changing nature of specifically business travel is a predominant mobility issue. Companies need to incorporate business travel management in their definition of mobility. Any business seeking to be at the forefront of talent-mobility alignment can’t afford to think of tax and immigration in isolation. Those that manage these issues in tandem, while continuing to monitor and adjust their global mobility footprint — putting the right people in the right place — are those positioning themselves for success.



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Sonwabo Sibayi: Insights From The South African High Commission In London

01/08/2022 in , /by

The purpose of the conference was to unpack the current landscape of immigration and mobility in South Africa and the wider African markets, which hosted professionals from across the board providing insight into the new way of working.

Who is Sonwabo Sibayi?

With over 20 years of experience in the United Kingdom, based at the High Commission at Trafalgar Square, Sonwabo is one of the most respected and recognised officials for service to his country. Mr Sibayi shared from his personal perspective his journey, his personal account of his experiences in London over the last decades.

Sonwabo provided insight into the new manner of working at the Consulate, specifically with regards to the new centralised adjudication system taking place within South Africa as well as life as a South African living abroad. Mr Sibayi discussed the challenges that skilled British citizens are currently facing when applying for work permits for South Africa, due to the new processes implemented and provided his view as a Department of Home Affairs official.

He unpacked how visa applications from London are facilitated through a 3rd party service provider, VFS (Visa Facilitation Centre), whereby staff review the application pack in line with the Immigration Laws. This ensures smooth processing by the Consulate officials, before the applications are forwarded to the Department of Home Affairs Head Office in Pretoria for final adjudication.

Mr Sibayi further detailed the new processes for South Africans living abroad and needing civic services completed, i.e. renewing of passports. The officials have developed a smoother strategy to ensure that expats who have immigrated feel secure abroad throughout their length of residence in the UK.

What can we learn from this information?

Xpatweb has taken the above information and decided to use same to our advantage, by ensuring that all our expats originating from the United Kingdom have a smooth submission process.

We are thankful that Mr Sibayi took the time to explain the current processes and share his insights to the current immigration matters at hand.



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The Department Of Home Affairs Immigration Mandate

21/07/2022 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.



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Department Of Home Affairs Addresses Backlog At Xpatweb Mobility Conference

15/07/2022 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.



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