Overdue-Permanent-Residence-Application

NEWS | OVERDUE PERMANENT RESIDENCE APPLICATION

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When is your application overdue?

Depending on the category of submission, a Permanent Residence application, in our experience, take on average 4 – 8 months to be processed, from the date of submission.  Where your application has been pending for a longer period, you may petition your application and request for the outcome to be finalised as a matter of urgency.

Possible reasons for overdue Permanent Residency Application

The delays in the processing of Permanent Residency applications is well known, especially those involving dependant family members including an effective freeze on spousal Permanent Residency applications. Certain categories are however prioritised and as such there should be no delay on receiving quick turnaround times in these instances.

There are many foreigners who have fallen foul of immigration malpractice by unscrupulous advisors, as the advisor is in a position of trust. One scheme is where a residence category is advised which is well known will cause considerable delays or will never be issued. Payment is charged upfront. Then additional payments are demanded or the ‘ball is kicked down the road’ when you enquire on your application status, with the Department of Home Affairs unfairly blamed. Often this comes with the promise of special contacts or forever a great excuse why there are no results.

There are formal processes in place to determine your status and see whether what has been advised is the truth. Where you have a feeling something is not right, your instincts are normally correct.

An approach of prudence and urgency is to be encouraged to avoid later disruptions.

Your Permanent Residency permit overdue! What to do next?

The Immigration Act is clear in its preamble that both Temporary and Permanent Residence Permits must be issued as expeditiously as possible. This therefore allows for a formal petition process where applications are long pending.

If your Permanent Residence Permit application has been pending for a long time, a process can be followed to request for it to be finalised and an outcome issued.

We regularly assist with securing Permanent Residency where others have failed, due to our approach of a petitioning process.

Next steps

Should you have any need to engage experts with following up on your application, we would be most grateful for the opportunity to present our capabilities to you and address any challenges you may be facing.

Update-on-South-Africans-Citizen-Stranded-Abroad

NEWS | UPDATE ON SOUTH AFRICAN CITIZENS STRANDED ABROAD

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The Minister of International Relations and Co-operation Naledi Pandor said, that as the department, in terms of international law, DIRCO has the responsibility to provide assistance to South Africans who are in distress outside our borders. We have not neglected the individuals who have approached us, and said, ‘Please help’,” said the Minister.
Date arrivals
8 April 2020 66 South Africans were repatriated from Brazil on a South African Airways (SAA) flight. 67 South Africans were repatriated from Frankfurt, Germany. They included 39 from Germany, 14 from Portugal, 10 from Ireland, three from Nepal and one from Italy.
10 April 2020 4 South Africans arrived from Afghanistan with a private charter. 49 South Africans landed in Cape Town from Namibia with a private charter.
11 April 2020 41 South Africans left the Maldives with a private charter.
12 April 2020 SAA flight from Brussels to Johannesburg, with a stop-over in Lagos, repatriated 119 South Africans. SAA flight from London to Cape Town repatriated 201 South Africans.
13 April 2020 62 South African arrived from Ghana.
15 April 2020 305 South African workers arrived from United States of America.
16 April 2020 13 South Africans arrived from Addis Ababa.
17 April 2020 84 South Africans arrived from Angola.
18 April 2020 80 South Africans arrived from Rome on an SAA flight.
19 April 2020 36 South Africans arrived from Angola. 206 South Africans arrived from Frankfurt on an SAA flight. 29 South Africans Arrived from Cameroon via Angola.
21 April 2020 93 South Africans arrived from Saudi Arabia. 83 South Africans arrived from Pakistan.
23 April 2020 25 South Africans arrived from Egypt on an SAA flight. 60 South Africans arrived from Saudi Arabia. 11 South Africans arrived from the DRC.
24 April 2020 25 South Africans arrived from Zambia.
25 April 2020 160 South Africans arrived from Frankfurt on an SAA flight. 165 South Africans arrived from Dubai. 11 South Africans arrived from Guinea. 23 South Africans arrived from Seychelles.
28 April 2020 185 South Africans arrived from Australia.
29 April 2020 26 South Africans arrived from Tanzania. 13 South Africans arrived from Egypt. 51 South Africans arrived from the DRC.
30 April 2020 23 South Africans arrived form Namibia.
1 May 2020 19 South Africans Arrived from Mali. 26 South Africans arrived from Zimbabwe. 256 South Africans arrived from Ethiopia. 3 South Africans arrived from Madagascar.
2 May 2020 19 South Africans arrived from Mali.
3 May 2020 275 South Africans arrived from Washington, USA on an SAA flight.
8 May 2020 More than 130 South Africans arrived from Jakarta, Indonesia. More than 230 South Africans arrived from Bangkok.
9 May 2020 275 South Africans arrived from Washington, USA.
Accordingly, they were all subject to screening prior to boarding any flight during the current COVID-19 restrictions. Those found to be symptomatic were not be allowed to travel and will be subjected to the host country’s health requirements.  On arrival, the Port Health screens the flight before disembarking and once the Immigration has cleared the flight, passengers are escorted to an identified facility for 14-day quarantine period.  These measures are in line with the World Health Organisation’s guideline. As the Minister said “We are dealing with a situation that none of us ever expected and in that context, we must strive to do the best that we can. We are doing all that we can to repatriate citizens stranded abroad.”
Corporate-Visa-Compliance-The-Key-For-Employing-Migrant-Farm-And-Mine-Workers

NEWS | CORPORATE VISA COMPLIANCE: THE KEY FOR EMPLOYING MIGRANT FARM & MINE WORKERS

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StatsSA indicated in 2016 that Zimbabwe, Mozambique, Lesotho, Malawi, Swaziland and Namibia were among the top 10 “sending countries” (countries of origin of migrants).

Sending country is the country whose citizens leave to migrate to other countries generally to find employment. The migration may be temporary or permanent. Generally, studies of immigration show that these migrants often send money home, enhancing their families’ standards of living and thereby contributing both to the home and host economy and the nations respective trade balance.

The major sectors these migrants work for include mining, transport, commerce, agriculture – and the employment of foreign nationals in these sectors is quite popular.

Unfortunately, employers are often faced with instances of not knowing what compliance is required by law to employ foreign nationals.

The use of illegal migrants is clearly problematic and could lead to employers being fined with less than ideal consequences. Section 49(3) of the Immigration Act also makes provision for a fine or imprisonment of an employer who knowingly employs a foreign national without a valid work permit.

It is important that prior to employing any foreign national, they should be in possession of an applicable and valid work permit, issued in terms of the Immigration Act of 2002 as amended.

The law clearly places the responsibility on the employer to comply with the relevant legislation and holds the employer liable for non-compliance. The employer is responsible to ensure that they, as an organisation adhere to the regulations and legislation when employing a foreign national as per the Immigration Act of 2002, as amended (The Act).

The Act in Section 38 stipulates as follows –

“No person shall employ –

  1. An illegal foreigner;
  2. A foreigner whose status does not authorise him or her to be employed by such person; or
  3. A foreigner on terms, conditions or in a capacity different from those contemplated in such foreigner’s status.”

The Corporate Visa provides an excellent way for companies to manage their workforce and staffing needs. The visa allows a corporate entity (e.g. a mining group, farmer, etc.) to employ a pre-determined number of skilled/semi-skilled/unskilled workers. A Corporate Visa is issued for a period not exceeding three years.  When the Corporate Visa has been approved by the Department of Home Affairs, the individual employees may obtain work permits in a quick and cost-saving procedure as the positions are pre-approved.

The company applying for a Corporate Visa must provide proof to the Department of Labour and the Department of Trade and Industry that at least 60% of the total staff complement are citizens or permanent residents employed permanently in various positions.

Employers must be cognisant that after obtaining a Corporate Visa, the Departments of Home Affairs and the Departments of Labour will continue routine inspections in an attempt to protect all workers, illegal or not, from employers who exploit this type of visa.


AUTHOR
Lerato Mahupela - Immigration Specialist
Lerato Mahupela
Immigration Specialist

Foreign Nationals in South Africa Three reasons why now is the best time to start your visa renewal

NEWS | FOREIGN NATIONALS IN SOUTH AFRICA – THREE REASONS WHY NOW IS THE BEST TIME TO START YOUR VISA RENEWAL

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The negative consequence of this belief is that if one does nothing now, you will be faced with an immense backlog that the Department of Home Affairs (DHA) and the VFS is expected to deal with post-lockdown; and you do not want to be found on the wrong side of an expired work visa.

Below a few key reasons to get started right away –

1. Be proactive – Get ahead of the queue

While applications cannot be filed during lockdown, expats and their employers must use this time to prepare these applications and book an appointment to ensure applications can be filed as soon as possible after  lockdown has been lifted.

Preliminary feedback from the latest Xpatweb 2020 Work Visa Risk Impact Survey shows that 70% of expatriate employers in SA have employees with visas that have already expired, or are due to expire soon, thus indicating there will be a flood of applications to Home Affairs post-lockdown.

Some proactive planning will ensure you are ahead of the rush.

2. Upon Upliftment, you will again be forced to travel for renewals

Certain classes of visa renewals, such as –

  • intra-company transfer work visas,
  • corporate visa holders, and
  • short term business or work visas;

will require travel back home for renewal. However special dispensations have been made available to assist these visa holders who cannot travel due to international travel bans.

When travel restrictions are lifted, the special dispensation will cease, and expatriates will be forced to travel back for their visa renewal. Getting your extension in South Africa under the current special dispensation means a significant saving in cost and time, as well as not being forced to travel at an inconvenient time and removes the uncertainty that comes with visa renewals in certain foreign countries.

3. Uncertain future of work visas

In these unprecedented times, many processes are fast changing. This causes uncertainty of what will be required going forward, including the possibility of needing health certificates and/or being forced to quarantine for an extended period of time. Until the special dispensations are revoked, you operate in a very clear cut and well administered system, provided you follow the rules and regulations.

Additional considerations to take into account include –

Review your current work visa category

The main reason to change your work visa status is to fall into a better category. This generally refers to a category which allows longer or indefinite stay, or which grants you access to permanent residency or South African citizenship status. The current environment is ideal for a discussion on an immigration expert on the categories available and how to optimally plan your future.

Avoid being a victim of Work Visa Malpractice

There are many foreigners who have fallen foul of immigration malpractice by unscrupulous advisors, as the advisor is in a position of trust. One scheme is where a visa category is advised which is well known will cause considerable delays or will never be issued. Payment is charged upfront. Then additional payments are demanded or the ‘ball is kicked down the road’ when you enquire on your application status, with the Department of Home Affairs unfairly blamed. Often this comes with the promise of special contacts or forever a great excuse why there are no results. There are formal processes in place to determine your status and see whether what has been advised is the truth. Where you have a feeling something is not right, your instincts are normally correct.

An approach of prudence and urgency is to be encouraged to avoid later disruptions.

Closing remarks

Now is the opportune time to start your visa renewal process. This prevents being caught in an expected rush later when restrictions are lifted, or processes adjusted to accommodate the different levels of restriction. A proactive approach will stand business in good stead to resume activities and focus on core business items rather than expatriate compliance.


AUTHOR

Marisa Jacobs
Director

 

COVID-19 Lockdown What to do if you are a South African Stranded Abroad

NEWS | COVID-19 LOCKDOWN: WHAT TO DO IF YOU ARE A SOUTH AFRICAN STRANDED ABROAD

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One of the global strategies has been to shutdown major port of entries, such as airports and border posts. This has left many travelling South Africans stranded in foreign countries and who are now unable to return home to their families. This is creating panic and uncertainty for travellers who cannot afford to book further accommodation or carry further living expenses in those countries.

Following a Pretoria press briefing on 31 March 2020, the International Relations and Cooperation Minister Naledi Pandor said that the Department empathises with their plight and are doing whatever is within their means to assist them to be safe and to repatriate them back to South Africa.

The Minister confirmed that, of the total 1 471 stranded citizens, 723 are students, 204 are workers, 224 are tourists and 320 have not disclosed their status. “I cannot say that these numbers are 100 percent accurate as it is based on people who have approached us for assistance through our missions and consular services.  There may be more people in need of assistance that we do not know about yet,” said Pandor.

Government’s approach to assist those stranded abroad

Many South Africans are experiencing difficulties in accessing documents and services in South Africa that enable them to extend their visa in the host country. This includes extension of travel insurance and other documents as may be required by the local authorities per the visa concessions made available during this lock-down period.

Most South African missions have closed following the 21day lock-down announced by President Ramaphosa and officials have been working remotely to assist the repatriation process for stranded South Africans.  The Minister has moved to assure family members of those stranded abroad by saying that “our missions, where possible, will continue to render consular services, including negotiating with the governments where there are lock-downs, in order to facilitate the movement of stranded South Africans.”

The Department will prioritise those who were most distressed – passengers stranded at airports, or running out of accommodation options, as well as the elderly and the sick.  This include evacuation flights, possibly using South African Airways aircraft.

For those who already purchased return air tickets to South Africa, Pandor said they should try to return back home at their own cost, by arranging with airlines they bought ticket from. She appealed to travel agents and airlines to accommodate and rebook these passengers on different dates as the airlines would now be allowed to fly to South Africa to bring back South Africans.

For the rest of the South Africans who may not be stranded or distressed, they were advised to remain put to reduce movement until the end of the lock-down.

Can foreign authorities abroad assist stranded South Africans?

Our Missions were also tasked to also determine whether the authorities from host countries can offer any assistance to stranded South Africans due to the COVID-19 pandemic, for example by issuing extension of visas. President Ramaphosa has advised that he is working on the matter together with the Department of International Relations and Cooperation and various missions abroad.

The Consular Services Unit at DIRCO Head Office is monitoring calls of stranded South Africans daily to ensure that they are informed all the time and will continue to be in touch with all South Africans until they are comfortably reunited with their families.

To make it easier for people who are unable to make contact with the Missions abroad, the Department has established a 24-hour Command Centre.  The Command Centre contact details are as follows; +27 12 351 1754; +27 12 351 1756, emails: Cicc1@dirco.gov.za and Cicc2@dirco.gov.za.

So far progress has been made and already a group of 16 South Africans who were stranded in Dubai and Doha returned back home last week Thursday. The group is currently under quarantine for 14 days as per COVID-19 regulation and another 16 citizens stranded in Germany is expected to return from Frankfurt over the weekend – updated 7 April 2020.

All South Africans re-entering the country will be subject to screening and quarantining for a 14-day period. Xpatweb will continue following up on the above matters and advise as soon as we have further updates.


AUTHOR
Lerato Mahupela - Immigration Specialist
Lerato Mahupela
Immigration Specialist