Survey-Highlights-Visa-Risk-for-Expats-Due-to-COVID-19-XP

NEWS | SURVEY HIGHLIGHTS VISA RISKS FOR EXPATS DUE TO COVID-19

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The survey gives a sense of how the lockdown is impacting expat workers and new assignees who were due to enter SA. More than 150 JSE-listed and large multinational companies operating across Africa participated in the survey. According to the survey, 37% of the participants have new assignees that were due to enter the country during the first quarter of 2020. They are waiting for the lockdown regulations to be lifted in order to enter SA.

These expats will then need to obtain work visas from 34 different SA embassies around the world. Top of the list of countries from where the assignees will be coming from is Germany, Zimbabwe, China, India and Spain. Embassies that will also be kept busy include Bangladesh, Kazakhstan, Serbia, New Zealand and the US.

Interestingly, 84% of the participating companies indicated that they are not affected by revoked visas.  When the Department of Home Affairs issued its first directive – just before the lockdown and the travel ban – it stated that certain visas issued to people from high risk countries would be revoked.

The Department has further clarified that only visas issued to people from China and Iran, and who had not yet activated their visas at the time of the travel ban, would be revoked. Xpatweb has confirmed this position with the Department.

Expats who had an existing visa and went back to their home countries would be able to re-enter SA with their existing visa when travel ban is lifted. They were concerned that their visas would be revoked and that they would have to re-apply. That is however not the case. These assignees will be able to enter SA again at a later date using their existing visas.

Companies seem to be dealing differently with the start dates of assignments where assignees had not yet entered SA at the time of the travel ban being imposed. In the case of an intra-company transfer, assignees are in many cases simply remaining in their current role with the foreign entity with a delayed assignment start date to be confirmed until the travel restrictions are lifted.

There is certainly going to be a mismatch between the work visa issue dates and the actual assignment start dates.

In the case of new assignees who have already resigned from a previous position, companies may request that these expats start working from abroad until the borders open again.

According to the survey 9% of expats either resigned their position or declined a position due to the coronavirus outbreak. Employers have indicated that their preferred recruitment destination to have these positions filled is internationally (30%) compared to locally (20%).  Another 20% said they will look both locally and internationally

It is important to remember that the work visa does not become active on the day it is issued. It only becomes active once the expat travels through a border and it is loaded onto the Department’s track-and-trace system.

We trust that the Department will be quite lenient and understanding because current circumstances are beyond anybody’s control.

AUTHOR

Marisa Jacobs
Director

Investment-Opportunities-in-Namibia

NEWS | INVESTMENT OPPORTUNITIES IN NAMIBIA

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Experts say Namibia has a positive growth outlook with investment potential, combined with a robust macroeconomic environment that is politically stable and regionally competitive. Particularly in private social engagement, such as specialists in health and education, which aim to enhance the provision of social services. It is also a popular travel destination which make the investment in the tourism sector welcomed, especially in accommodation facilities.

How Can You Invest in Namibia?

Investment opportunities may take the form of public-private partnerships either on a per project basis or with equity holdings. Certain utilities may also be wholly owned by investors.

Namibia has embarked on a large-scale programme of renewing and developing its infrastructure, water infrastructure, power generation and transmission infrastructure, as well as the transport and logistics infrastructure, notably road, rail and port.

In addition, Namibia currently has a deficit of affordable serviced land and housing. Accordingly, there are opportunities for investment and operations in this field.

To date no further restrictions are being placed on the acquisition of landownership by foreigners. As long as a foreign investor did not enter Namibia illegally, and his permit does not prohibit the acquisition of immoveable property, he may certainly buy, own and sell real estate in Namibia.

Over the last couple of years many local and foreign investors have turned to property in Namibia as a sound investment. Like all other investments, it is important to understand the requirements on investment through the acquisition of property before making the final decision to invest. Foreigners must keep in mind their goals – to create wealth and to protect that wealth. Whether it is for investment purpose or buying a family home, one would normally put in careful consideration. It is therefore important not to be pressured into making decisions and always keep the following basics in mind: purchase price, deposit needed, transfer and stamp duty payable, attorney’s transfer fees, bond registration fees, valuation and bank admin fees, monthly rates and taxes, renting options, tenancy management and interest rates increase.

What is Required to Obtain an Investor’s Permit?

An Investor’s Permit is granted for two years. The process of obtaining this permit takes up to 3 months to be adjudicated by the Department of Home Affairs in Namibia. Proof of investment, training, and development plans for employees, a letter of approval from the Ministry of Trade, a police clearance certificate from your country of origin,  and copies of all qualifications and degrees form part of the quintessential documentation for a successful application for an investor’s permit in Namibia.

What-to-do-after-your-employee-has-left-Mozambique

NEWS | WHAT TO DO AFTER YOUR EMPLOYEE HAS LEFT MOZAMBIQUE

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After an expat has completed his assignment or has unexpectedly resigned, certain exit formalities must take place to remove all immigration and tax responsibility for an expatriate which are requirements that form part of immigration compliance and more commonly are overlooked as part of the immigration process as a whole.

Annual List of Employees

Mozambican employers are required to update their annual list of employees on a yearly basis by the end of April also known as the “Relação Nominal” to the Ministry of Labour. This annual list of employees includes both the national and foreign nationals employed by the Mozambican employer and is used to determine the number of quota applications that a Mozambican employer can use for any foreign nationals in the oil and gas sector and other sectors. Applications within quota are processed in a quicker timeframe generally within 4-6 weeks depending on the backlog of applications with the Directorate of Labour. As such, it is to the benefit of the company to ensure this list is updated regularly or at least yearly.

Cancellation of Work Permit

However, in addition to this, it is the employer’s obligation to cancel their expat’s work permits, whether within quota or outside the quota, with the Directorate of Labour. Without undergoing the cancellation process, the expat will still reflect on Labour’s system impacting the ability to apply for new quota applications as these appear as filled on the system. In order to benefit from the quicker processing times of in quota applications, employers must ensure they cancel work permits immediately after an expatriate has exited Mozambique. Although there is a greater emphasis on cancelling work permits within quota, it is still required to cancel work permits outside the quota. Employers must ensure they complete the cancellation process so as to remove any immigration responsibility for an expatriate in Mozambique once they have concluded their assignment with their local entity.

Cancellation of Visas and Residence Permits

As of the beginning of 2018, the DIRE, or residence permit cards were no longer applicable to new applications for work permit holders in Mozambique. Applicants were required to obtain Work Visas at the Mozambican diplomatic missions abroad and thereafter apply for a residence permit card, also know as a DIRE in-country. Now, applicants must still obtain a work visa, but this is then extended in country and endorsed in their passports in place of the issuance of the residence permit cards. Those that remain in Mozambique will continue to be issued residence permit cards until they have exited Mozambique. In these instances, original residence permit cards must be returned to immigration along with a request of the cancellation thereof before a work permit can be cancelled. Work visa extension holders, that is, those that have the endorsement in their passports, are not required to return their passports to immigration for cancellation of their work visas and, as such, are only required to cancel the work permits with the Directorate of Labour.

What Are The Main Implications for Failure to Cancel Permits?

Primarily, cancellation of residence and work permits removes an employer’s immigration responsibility of an expatriate employee in Mozambique as their immigration status shall remain tied to their employer until labour and immigration departments are notified otherwise. Furthermore, an employer will continue to have social security and tax implications over their expats should they not be appropriately removed from their records. Should a company have outstanding tax and social security payments relating to any foreign nationals on their employee records, it will definitely cause delays in future applications as the Directorate of Labour’s system cannot process applications with outstanding tax and social security contributions. As such, Mozambican employers must ensure due diligence in completing exit formalities for all foreign nationals who complete an assignment in Mozambique.


AUTHOR
Tarissa Wareley - Immigration Specialist

Tarissa Wareley
Immigration Specialist

 

Foreign-Nationals-Stranded-in-South-Africa-Here's-What-You-Need-to-Know

NEWS | FOREIGN NATIONALS STRANDED IN SOUTH AFRICA: HERE’S WHAT YOU NEED TO KNOW

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The COVID-19 pandemic has left many foreigner nationals feeling anxious for various reasons, including the fact that the rapid global shutdown of travel and imposition of lockdowns has left many stranded, especially those who are mere tourists with no intention of staying indefinitely.

President Cyril Ramaphosa declared a national state of disaster on 15 March 2020 and, subsequently, a national lockdown from 27 March, extended until end of April 2020, to contain the spread of COVID-19. Further measures were introduced for May 2020 which included a “Risk Adjusted Strategy” for a phased reopening of the economy based on 5 coronavirus risk levels. With South Africa currently in a level 4 lockdown as of 15 May 2020,  VFS and the Department of Home Affairs’ visa sections remain closed.

I am stuck in South Africa and my visa is expiring, what now?

Nevertheless, if a foreign national is in South Africa and their visa expires while the Department of Home Affairs and VFS offices are closed, the holder of such visa will not be penalised. Those wishing to leave will be allowed to exit without being imposed the normal overstay ban, and for those who wish to stay longer, can renew their visas when the VFS offices reopen. No date for the reopening has been confirmed at this stage.

The visa concessions listed below apply to those with visas which expired from 1 December 2019 onwards, unless a person has proof that he/she had already submitted an application for a visa extension prior to this date and the outcome is pending.

These temporary measures will remain valid until 31 July 2020 unless extended officially by the Department. They apply only to foreign nationals who have been legally admitted into the Republic.

The visa concessions are contained in the Directions which have been issued by the Department in terms of the Disaster Management Act, 2002. Below a brief overview –

Expiry of visas

Holders of temporary residence visas which expired from 1 December 2019 onwards, who did not renew their visas before the lockdown, will not be declared illegal or prohibited persons.

Those who opt to return to their countries of origin or residence after the lockdown, and departs before 1 July, will not be declared undesirable upon departure.

Visa application and adjudication

During the lockdown, the Department is not receiving or adjudicating applications for temporary residence visas and for permanent residence permits.

Foreign nationals whose visas expired during the lockdown period may apply for the renewal of respective visas or relevant visa exemptions while in the Republic immediately after the lockdown has been lifted. They will not be required to apply for authorisation to remain in the country (Good Cause/ Form 20), which is usually required where a person overstays their visa.

Foreign nationals whose visas expired after 1 December 2019 who had scheduled appointments on dates which fall within the lockdown period should reschedule their appointments to an available date after the lockdown has been lifted.

Work, Study and Business while application are pending

Those with visas expired during the lockdown and those who have submitted their applications before the lockdown but their applications are still pending, will be allowed to work, study or conduct business after the lockdown while waiting for the outcome of their applications.

Revoked Visas

Visas issued to nationals of China and Iraq, who had not yet entered the Republic by 15 March 2020, were revoked as per the Directions issued by the Department in terms of the Disaster Management Act, 2002. These visas remain revoked.

Departure of foreign nationals

During the lockdown, except for cases relating to expatriation initiated by another state, all foreign nationals who are currently in South Africa may not depart.

Lesotho exemption permit

Holders of the Lesotho Special Permit have up to 15 June 2020 to submit their applications for the Lesotho Exemption Permit. The Lesotho Special Permits which expired on 31 December 2019 remain valid until 15 June 2020. No new applications will be accepted during the lockdown period.

Expiry of asylum seeker permits

Any asylum seeker whose visa expired from 16 March 2020 to the end of the lockdown period will not be penalised or arrested provided that they legalise their visa within 30 calendar days of the lockdown being lifted.

For many foreigners, their residence position can be quite nuanced. Foreigners who are in SA and would like to extend their stay after the lockdown, are advised to act quickly on their residency status and prepare their documentation ahead of time.

Commending-Medical-Professionals

NEWS | COMMENDING MEDICAL PROFESSIONALS

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The Department of Home Affairs in South Africa is no exception and realizes that medical professions are a scarce, crucial and much needed skill in South Africa. As such, there are several medical professions listed on the Critical Skills list in South Africa. Amongst the dozen professions listed, one can find Nursing Professionals, Retail Pharmacists as well as General and Specialist Medical Practitioners.

Where you qualify under one of these categories, you would be able to apply for a Critical Skills work visa for a period of up to five years in South Africa and could even qualify for Permanent Residency immediately.

Additionally, foreigners who are studying a medical degree in South Africa can automatically apply for and obtain Permanent Residency once they have completed their degree and received an offer of employment. This then allows you to skip the Critical Skills step entirely and immediately settle down in South Africa after your studies.

Should you be a medical professional abroad or an aspiring medical student in South Africa and require assistance in obtaining the necessary visa, please do not hesitate to get in touch with one of our consultants and we will gladly guide you through the process.

We join the rest of South Africa in thanking all medical professionals around the world for their significant contribution!