SOUTH AFRICAN EMIGRATION TO BE MONITORED BY THE GOVERNMENT

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This will enable the Government to keep track of the South Africans abroad and attempt the curb of the high emigration rate in South Africa.

This comes as data published in the white paper indicate that 520,000 South Africans became expats between 1989 and 2003. Of these, 120,000 had professional qualifications, making up over 7% of all of the country’s professionals.

The white paper also noted that these emigration figures have increased by 9% each subsequent year and that a greater number of skilled black South Africans were also choosing to emigrate.

Read more here

As published by businesstech.co.za

Permanent Residency Applications Submitted prior to June 2014 – to be re-submitted electronically BEFORE END JUNE 2017

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A solution pertaining to the above has been provided by the Department, whereby any individual who applied for Permanent Residence prior to 02 June 2014 and whose particulars appear on the list published in the National Government Gazette, may re-submit their Permanent Residency applications at their earliest convenience.

For the list published on 17 March 2017 by the National Government Gazette No. 40691, please click here (from page 35 to 95).

FAILURE TO RE-SUBMIT YOUR APPLICATION, THE DEPARTMENT WILL CONSIDER YOUR APPLICATION CLOSED.

To view the full notice published by the Department of Home Affairs click here.

Should you wish to acquire any assistance pertaining to the above, please do not hesitate to contact us at contact@workpermitsouthafrica.co.za.

What to Expect from Minister Malusi Gigaba | Lessons from Immigration and Work Permit Professionals

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Streamlined Work Visas

Minister Malusi Gigaba was appointed as Minister of Home Affairs in May 2014. We have no specialist knowledge on his relationship with his former employees, however, dealing with the Department of Home Affairs on work visas daily, we have seen the positive transformation with him at the helm. The Department now have better processes, legislative direction and drastically improved administration (except perhaps in the case of an application for a “general” work visa which requires the Department of Labour’s blessing). Our sense is that the Minister has created a space for competent home affairs officials to get things done.

Some recent initiatives include the formal introduction of permanent residency for graduates, the introduction of VFS to outsource administration and a White Paper to completely revamp work visas and migration etc. There is, of course, unfinished business such as with regard to the law that obliges South African passport holders to travel with their passport in and out of South Africa and how South Africa should be dealing with the thorny matter of dual passport holders. However, the bottom line is that the Minister has done plenty in a short period of time and where many before him have failed dismally. As work visa and immigration specialists, we are sad to see him go and he leaves a much more robust Home Affairs department.

Some Negatives

Some of the less favourable examples of Gigaba’s legacy are, of course, the requirement of abridged birth certificates for children travelling to South Africa and the more recent inspections to ensure South African businesses comply with the requirement to employ a minimum of 60% South African citizens. In particular, how the abridged birth certificate issue was handled has raised many concerns and may have cost our country plenty.

Onto Finance and Tax

So, what does the Minister’s appointment mean for National Treasury and SARS, both being structurally sounder than the Home Affairs department which Minister Gigaba inherited? As he did with Home Affairs, the Minister will probably allow the good guys to get on with their work. There may be some winning over to do, as he comes in with a negative presumption on the reason for his appointment, however, if you consider where Home Affairs was a couple of years ago, compared to where it is now, I have more hope than most.

A bigger concern will be whether he intends to adopt any controversial positions. As he is now dealing with economic and tax policy, the cost will be far greater if the Minister should allow another abridged birth certificate type debacle. That matter has shown us that he takes principled policy decisions and drives them hard even where there is good evidence that a contrary view would be preferred.

The Minister has achieved much at an early age, which will hopefully come with the ability to learn from one’s mistakes and make a good recovery thereafter. He might even connect the long-waited dots between tax policy and immigration matters.

Rattling Some Cages

More accurate registering and tracking of foreign nationals was one of the Minister’s landmark initiatives while at the helm of the Home Affairs department. Sharing that ability with SARS to ensure everyone pays their taxes will no doubt make a difference to our tax collection. Coming down on employers of foreign nationals who do not play by the rules was something important to him, and now with the taxman doing his bidding, he should arrive with more purpose. On the passport matter, South African passport holders who contribute nothing to our fiscus and feel they owe the country nothing (even though they use our passport) may also find themselves on the wrong side of the Minister, especially with some recent policy announcements on expatriate taxes. Making a tax check on passport renewals is an easy step with the systems he has introduced.

I may be one of the few positive voices, but our work permit business has transformed under his stewardship, mainly due to the creation of an environment which looks after the ones who align themselves with good practice and compliance. Obviously, I will have to chin-up if by publishing there has been a presidency change, but if I can make one request to the new kingpin, it is that he transfer Minister Gigaba back to Home Affairs.

 

By Marisa Jacobs

Director – Head of Immigration and Mobility

Xpatweb

Private Institutes To Be Registered With Department of Higher Education – WAIVED

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A ‘learning institution’ is defined as follows in the regulation –

  1. “An institution of higher education established in terms of the Higher Education Act, 1997 (Act No. 101 of 1997); or
  1. A college established in terms of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), but does not include-
    1. a school offering further education and training programmes under the South African Schools Act, 1996 (Act No. 84 of 1996); or
    2. a college under the authority of a government department other than the Department of Higher Education and Training; or
  1. A school contemplated in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996).”

The waiver states that when applying for a study visa, the applicants must comply with all the requirements, however will be accepted where Learning Institutes are still in the process of registering with the relevant Education Department.

Click here to view the directive.

Click to view the list of –

The list will be updated by the Department regularly.

ABOUT HLENGIWE MKHIZE

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Ms Mkhize is currently serving as the Minister of Home Affairs.

She was born on 6 September 1952. She served as a Member of Parliament since 2009. A founding member, and trustee, of the Children and Violence Trust since 1995, had been a trustee of the Malibongwe Business Trust from 2005. Professor Mkhize holds a BA degree in Psychology, Social Work and Sociology (University of Zululand); BA Hons (Psychology) and a Masters in Clinical Psychology from the University of Natal. She was a senior lecturer and researcher at Wits from 1990 until 1995. She was a board member of the South African Prisoner’s Organisation for Human Rights from 1994 to 1995; Truth and Reconciliation Commission (TRC) Commissioner and Chairperson of the Reparations and Rehabilitation committee from 1995 to 2003. Prior to her appointment, Prof Mkhize was ambassador to the Netherlands, had a short stint as Deputy Minister for Correctional Services and most recently served as the Deputy Minister of Telecommunications and Postal Services.

Source: (info.gov.za and www.itweb.co.za)