New Work Visa Adjudication Process – Correct Strategy, But Expect Teething Problems

New Work Visa Adjudication Process – Correct Strategy, But Expect Teething Problems

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What we know so far is that the purpose of the centralised system is to ensure consistency and uniformity in application of the Immigration Act and Regulations toward the adjudication of visa submissions. The implementation of this new system is seen as an attempt by DHA to enhance the integrity of its Immigration Department and to show efforts to align systems in the interest of national security whilst contributing to the recovery of the economy.

DHA had been made aware that there are inconsistencies and arbitrary rules by officials at the Missions which has led to Consular Officials (in different Missions, in different countries) requesting non-prescribed requirements for the same visa application. At time, these requested requirements can change weekly depending on the Official receiving the documents, often results in an inconsistent and unpredictable adjudication process. Although, this is not the case with all Missions, as some are compliant and enforce the correct visa application processes and procedures.

As an expatriate solution firm for the past 17 years, we welcome the new system and are of the opinion that with proper and systemic implementation, the centralised system will improve on the effectiveness and uniformity in the adjudication process of long-term visa applications. However, like with any structural change, teething problems are expected and are currently affecting expats and their employers around the globe. An example of this is greatly increased processing times of visa applications as a result of a bottleneck due to the vast number of visa application received at the DHA Head Office from the Missions. One can only hope that DHA is being proactive and jumping on implementing measures to mitigate further delays in the release of visa application outcomes and also to increase the staff compliment at DHA Head Office to relieve the pressure of the volume of applications received.

We commend DHA on the steps taken to improve processes, however, they will need a more permanent and robust solution to address the ever-evolving Immigration standards. To help us further understand and unpack the new centralised system, as well as discuss other developments within DHA, Xpatweb will be hosting their maiden “Reinventing Mobility Conference” on 30 June 2022. Guests will have the privilege of having the executive Directors from DHA answer all their burning questions.

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Dutch Recruitment Drive For Skilled South Africans Highlights Need For Emigration Roadmap

Dutch Recruitment Drive For Skilled South Africans Highlights Need For Emigration Roadmap

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“We have observed an unprecedented demand from various industries in the Netherlands for highly-skilled, qualified South African candidates,” explains Roxanna Naidoo, Tax Attorney at South Africa’s largest independent tax practice, Tax Consulting South Africa.

South Africa was one of the Netherlands’ top 10 source markets for migration in 2021, with almost 2 000 South Africans emigrating to the country in that year, a 2022 report by the Dutch statistical bureau CBS shows.

As the Dutch labour market continues to tighten, CBS further reports that an oversupply of available positions and an undersupply of qualified candidates has resulted in the availability of 133 jobs for every 100 people.

Skills most in demand are those in engineering, information technology, auditing, financial services, accounting, medical, management, and specialist products.

Securing a Highly Skilled Migrant Residence Permit

To live and work in the Netherlands, candidates require a Highly Skilled Migrant Residence Permit, which is available to foreign nationals who are considered able to make a contribution to the Netherlands’ knowledge-based economy.

Successful applicants should have a job contract with an employer or research institution in the Netherlands, with a salary base that cannot be less than that of a Dutch national in the same position.

In addition, certain salary criteria must be met: Should the jobseeker be over the age of 30, the minimum gross salary of the Netherlands-based position must be €62,726 a year. If above 30 years of age, the employee should earn a minimum gross salary of €45,995 a year.

The permit remains valid for up to five years, or for the duration of the employment contract.

Engineering expertise most in-demand skillset

Leading the cohort of in-demand skills in the Netherlands are engineering-related professions, with around 13% of all job advertisements relating to positions available in engineering, most significantly in mechanical, industrial, electrical, food, biomedical, energy, computer science and civil engineering.

Also in demand are skilled, qualified candidates with expertise in human resources, ICT security, pedagogy, solar installation, healthcare, and construction.

“Incredible opportunity exists in the Netherlands for skilled South African ‘knowledge workers’ wishing to take advantage of the current recruitment campaign. But to ensure a successful move, each candidate must ensure that they are adequately guided through the intricate due diligence processes on both the Dutch and South African side. This is where we come in,” says Naidoo.

The realities and intricacies of relocating

Those qualifying South Africans that have elected to take advantage of the Dutch mass recruitment drive have soon discovered the intricacies involved in the relocation process.

While the Netherlands offers an impressive government-funded ‘soft-landing programme’ for expatriates, critical financial, tax and healthcare considerations must be made in South Africa prior to leaving, as Naidoo explains.

“It is not a simple as just securing a position, selling your home and booking your flight,” she says.

Recognising this critical need, Tax Consulting South Africa has partnered with an industry-leading Netherlands-based mobility placement company, providing South African expats with support both in exiting South Africa and in ensuring their successful resettlement in the Netherlands.

“Through this partnership, we are able to offer each individual a holistic emigration roadmap that will review your South African medical aid, life policies and insurance, look at your assets and retirement annuities, provide banking strategies to move funds offshore, and close off your tax affairs with the South African Revenue Service,” says Naidoo.

“Essentially, you will be thoroughly guided through both your exit from South Africa and your entry into the Netherlands.”

The partnership is able to assist candidates that have already secured a placement in the Netherlands, as well as those qualified South Africans looking to be placed in a suitable role.

Tax Consulting SA works closely with a portfolio of Dutch companies actively recruiting South Africans for skilled positions.

Having the right specialists by your side can accelerate your Netherlands dream into a reality and ensure a stress-free process all together.  

Critical Skills List 101: Home Affairs Gives Input

Critical Skills List 101: Home Affairs Gives Input

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The road to the launch of the 2022 Critical Skills List

Director of Corporate Accounts at the DHA, Mr Phindiwe Mbhele, unpacked the history of the Immigration Act, zooming in on the implementation of Critical Skills programmes from the 2006 Scarce and Critical Skills List, to the 2009 revised Critical Skills List, to the 2014 revised Quota List, and finally the most recent Critical Skills list gazetted in February 2022.

Mr Mbhele went on to explain the all-important evidence-based approach that the Department undertook in partnership with the Department of Higher Education and Training (DHET) to ensure a comprehensive list supported by the latest data in terms of the labour market demand and available skills. This evidence would need to be replicable, transparent and benchmarked.

The Criteria, Mr Mbhele remarked on, was that it should –
  1. Satisfy a strategic priority for the country;
  2. Be in acute shortage that would require workers that are highly qualified or skilled; as well as
  3. Proof that it would take South Africa a long time to develop such skills within the country.
The draft list was published as a result hereof, public comments received, and a formal NEDLAC consultation process followed to derive at the final list. Mr Mbhele further mirrored the highlights deduced in an earlier detailed article with the following notable extracts –
  1. Qualifications, specifically NQF levels, would be key to the eligibility of candidates.
  2. A firm offer of employment would be required.
  3. Executive level categories would remain on the list albeit with additional minimum threshold requirements.
  4. Teachers and University lecturers in specific fields have been included.
  5. Post qualification experience will need to be vetted for Permanent Residency applications.
Critical Skills Survey – Practical Takeaways

Managing Director of Xpatweb, Marisa Jacobs, briefly unpacked results from the latest Critical Skills survey that formed critical evidence impacting the final list published.

Jacobs highlighted results from the survey that the most difficult occupations to recruit in South Africa were Engineers, ICT Specialists, Foreign Language Speakers and Media & Marketing Specialists.

Jacobs went on to outline the importance of practical solutions for employers amidst legislation changes. Facilitation of quick and convenient submissions processes at their local office in Johannesburg is a popular alternative to submitting with VFS application centres allowing for quick and convenient processing and a premium service to clients.

“A predefined roadmap is key to assisting any employer or expatriate professional with their needs. Category selection, travel requirements, projected start date and country of submission are but some of the factors that need to be accounted for in a proactive, solution driven planning approach with clear and predictable steps to achieve a fully compliant visa application in the most efficient way possible. For this to happen, an upfront engagement to plan for any possible roadblocks is essential.”

From the horse’s mouth – A South African first global mobility conference

Mr Yusuf Simons (Acting Deputy Director-General of Immigration Services) accompanied by Mr Mbhele and Advocate Deon Erasmus (Acting Chief Director of Permits) from the DHA will be delivering the Keynote address at the Xpatweb Global Mobility conference later this month on June 30th.

They will specifically cover pertinent topics including the new Critical Skills List, central adjudication structure, challenges, and latest initiatives.

You can learn more about the conference here: https://site2.xpatweb.com/reinventing-mobility-a-new-roadmap/

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Skills shortage in critical sectors in South Africa

Skills Shortage In Critical Sectors In South Africa

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The group released its financial results for the full year ended February 2022, noting a tense operating environment in South Africa, exacerbated by the Covid-19 pandemic, power outages and social unrest.

Revenue for the year fell 1.7% to R11.5 billion (2021: R11.7 billion), although gross profit from continuing operations increased 7.0% to reach 1.2 billion rand.

Total aggregate earnings per share increased to 99.4 cents per share (2021: 34.2 cents per share), and the company declared a dividend of 47.0 cents per share (2021: 0).

Adcorp offers recruitment and staffing services in various sectors in South Africa and Australia. Its operations are divided into 15 different divisions to manage each sector. In addition, it offers industrial and professional staffing solutions, as well as training.

“At the start of fiscal 2022, the business environment remained constrained due to customer pressure to cut costs and streamline employees due to the ongoing Covid-19 pandemic,” he said. he declares.

“Slow economic growth and persistent electricity supply and infrastructure issues in South Africa have had a negative impact on economic growth and, therefore, the demand for casual labour. Demand was further negatively affected by the July unrest in KwaZulu-Natal and parts of Gauteng.

These issues have impacted the group’s casual labor operations as well as its functional outsourcing division, although it expects them to recover as it pivots its products to be more in tune with the changing environment.

For example, the group’s engineering, construction and energy brand, Cynergy, has been repositioned to serve the emerging renewable energy sector – but the full effect of this decision will not be seen until fiscal year 2023, he said.

Its professional services have also been hit hard, Adcorp said, with revenue falling as South Africa’s economic recovery stalled and demand for its services fell. Many client projects remained on hold, he said, resulting in lower contingent and contract resource requirements.

Notably, Adcorp said skills shortages in critical areas continued, particularly among nursing and IT resources, affecting its medical brand, Charisma, and its IT brand, Paracon.

“Nursing shortages have had a negative impact on the Charisma business, although a focus on nurse retention and a pivot to contract Covid-19 and vaccine services has helped to mitigate the effect,” said he declared.

Looking ahead, the group said it expects much the same for fiscal 2023, but with at least some recovery.

“Adcorp expects the slow recovery in South Africa to continue through fiscal 2023 and remains concerned about rising inflation, high unemployment and continued failures in infrastructure and service delivery. services. We have seen the first signs of some recovery in permanent and contingent demand,” he said.

Skills shortage

Adcorp’s reports are linked to the findings of several recruitment firms and the government itself.

Data from specialist expat company Xpatweb showed that engineering skills are among the most in-demand skills in South Africa. Employers are looking for highly qualified engineers with many years of experience.

Also included are technologists and technicians in specific fields of engineering. However, these professions will need to register as professionals in their field with the Engineering Council of South Africa (ECSA), which is the statutory professional body regulating this industry, he said.

According to Altron, emerging technologies such as artificial intelligence and automation are rapidly changing the business landscape, and cybersecurity and cloud migration are more urgent than ever. Yet the pool of professionals in this field is limited and employers struggle to fill IT skills. gap, with demand exceeding supply.

The group noted that the most in-demand skills among IT professionals in South Africa include everything related to cloud, data engineers, DevOps engineers and Java developers.

On the nursing front, Adcorp’s data reflects the critical shortage of medical professionals recently raised by Health Minister Joe Phaahla.

The minister noted that the country has a doctor-to-patient ratio of 1:3,198 (0.32:1,000), which is extremely low. Medical group Life Healthcare, meanwhile, said the country needed at least 26,000 more nurses to meet growing demand.

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Let’s Talk Post Qualification Experience

Let’s Talk Post Qualification Experience

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Jo-lene Da Silva VergottiniJo-Lene Da Silva-Vergottini Expatriate Solutions Advisor 

Permanent Residency Applications Pre-February 2022

Expatriates with foreign qualifications who obtained their Critical Skills Work Visa’s prior to the release of the new Critical Skills List, were allowed to progress to Permanent Residency once they were able to prove a minimum of 5 years post qualification experience. This allowed many foreign nationals who were highly experienced, to move to Permanent Residency immediately after they were issued their Critical Skills Work Visa.

It was considered satisfactory and in line with the requirements for the proof to be given in the form of a detailed, up-to-date Curriculum Vitae and reference letters from previous employers, however this is no longer the case.

Permanent Residency Applications Post-February 2022

As with many other changes, the Directive issued in March 2022 brought with it an additional requirement for those wishing to apply for Permanent Residency.

The Department of Home Affairs has now made it compulsory for all applicants applying for Permanent Residency under the new Critical Skills List to submit additional proof of verification of work experience. This proof will need to come from reputable organisations such as MIE or similar organisations, who will vet and provide written confirmation of the applicants’ experience.

What this means for applicants

This additional step has added to the already long list of information and documentation requirements, that will need to be submitted with their Permanent Residency applications. Not only does this step make the pre-submission process lengthier, but it also comes with an additional cost, which could frustrate the applicants even more so than before.

This new requirement is not only reserved for those who obtained their qualifications outside of South Africa but includes those who have South African qualifications. Proof of post-qualification experience was not required previously for those with South African qualifications, however with this addition it is now a compulsory requirement which has brought on further complications for these specific applicants.

Whilst it is not completely clear as to the reason Home Affairs have added this extra step, a possibility could be to ensure applications being submitted contain factual, vetted information. As of late, Home Affairs have been clamping down on corruption, specifically in their Immigration Permitting Department. This additional requirement could further assist them in in their cause, by ensuring that Permanent Residency is given to deserving, fully compliant and qualified foreign nationals.

Regardless of the reasoning behind the addition, it would be beneficial to those wishing to apply for Permanent Residency under one of the Critical Skills, to engage with a trusted and reputable immigration firm to guide them through the many steps and requirements, to ensure a positive outcome on their applications.

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