Immigration law changes 2014

Initiate International

Get in touch www.initiateimmigration.com [email protected]

South Africa’s new Immigration framework




NoteThe points in this presentation have been selected from the Final Regulations and do not represent the total number of changes the industry can expect.

Since the first draft was published Initiate Immigration has taken a practical approach and has advised clients on their options, taking both the current and proposed law into account.

The final regulations were signed on 16th May, published on 22nd May and expected implementation date of 26th May.

Immigration to South Africa will not be as easy as it was before, but with our team assisting you there is no reason why it should not be as successful.

It is suggested you study the below and contact us to discuss details and possible ways forward.


Preamble of the Immigration Act

“Contribution of foreigners in the South African labour market should not adversely impact on existing labour standards and rights, and expectations of the South African workers"


CONTEXT: South Africa

• Political pressure following negative image of Home Affairs in foreign press;

• International Perception of the SA immigration framework;

• Alignment with international visa practices;• Cheap foreign labour in favour of the local workforce• Marriages of convenience; • Abuse of asylum and refugee system; • Child trafficking;


CHANGES - general• Term “permit” falls away; replaced with “visa”;• Submission of initial application at South African embassy;• Application for “change of status” – change from one visa to

another- may be done in South Africa UNLESS initial visa is a visitor’s visa;

• Submission in person at embassy and Home Affairs for Biometric data capturing

• Submission of application at Home Affairs:• 60 days prior to expiry of current visa

• Police clearance certificates MUST be included in the application• Candidates overstaying their visas will be barred from re-

entering South Africa for a prescribed period (5 year maximum);• Introduction of Visa Application Centers;


General Work Visas• Companies will need to show that 60% of workforce is local;• Special Unit with Dept. of Labour to be established to issue

recommendations;• Long list of requirements need to be met;

• Police clearance certificates MUST be included in the application;

Effective changes• Previously no quota of local labour required.• Recommendation from Dept. of Labour could be substituted by salary

benchmarking certificate. This option was quicker.• Substantial proof required that search for local labour was unsuccessful.

• Including report from recruiter (which our recruitment department can assist with).


Critical Skills• Qualifications & Experience as per critical skills LIST.• Registration with professional body, council or board.• Qualifications reviewed by South African Qualifications

Authority (SAQA)• Confirmation letter from professional body, council or board

which is recognised by SAQA.• Reference letters and testimonials

Note:• Similar to the previous Quota Visa there will be a set list. However, ASIDE

from registering with professional industry body, the Critical Skills Visa also requires a confirmation letter from a professional industry body.


Intra Company Transfer• Intra-Company Transfer visa will be issued for 4 years;• Employment contract from company abroad

confirming employment of no less than 6 months;• A plan is developed for the transfer of skills to South

African citizens or permanent residents;• This visa is not renewable;

Effective changes• Previously the visa was issued for 2 years• It seems as more emphasis will be placed on skills transfer


Corporate Visa• Proof of registration of the company and compliance

with all statutory requirements (SARS, UIF, etc.);• Substantial proof required that search for local labour was unsuccessful.

• Companies will need to show that 60% of workforce is local;

• Corporate Visa issue for only 3 years;

Effective changes• Previously no quota of local labour required.• Substantial proof required that search for local labour was unsuccessful.


Corporate Work Visa• Corporate Work Visas issued for 3 years;• Staff on Corporate Work Visa will not be able to

renew or change status;• Foreign qualifications evaluated by SAQA OR proof of

skills and experience in line with job offer;• Certificate of registration with professional body,

board or council where required;• Time under a Corporate Work visa no longer qualifies

for Permanent Residency based on 5 years continuous work;


Section 11(2) Visas (Visitor’s Visa with Work Endorsement)

• S11(2) visas (visitor’s with work endorsement) must be applied for at the embassy before arrival in South Africa.

• S11(2) visas cannot be extended;

Effective changes• Previously the visa was issued at airport immigration upon arrival of

candidate (for candidates from visa-exempt countries).• Process is in line with international visa processes.


Life Partner Visa• Proof of cohabitation and shared financial

responsibility for at least 2 year prior to application at Home Affairs.

• Notarial contract required along with the life partner affidavit

• Interview to take place to confirm authenticity of relationship

Effective changes• Previously no prescribed period of permanent relationship required.• Interview of applicants at the time of submission.


Business Visa(Foreign nationals looking to start own business in South Africa)

• Currently required investment of R2.5million expected to be increased;

• The capital or financial contribution shall be determined by the Minister and issued by notice in the Gazette;

• After 12 months proof must be submitted that 60% of workforce is local;

• Company has to be in “national interest”;• Compliance with all statutory requirements;


Visa Application Centres• The Department of Home Affairs has appointed VFS to

operate its visa application centers. • VFS will charge an additional R1350 on top of the

Home Affairs application fee.• VFS will only be responsible to take in applications and

will not be able to provide any immigration advice or service.


Final RemarksEven though the new regulations ha ve been a hot topic for many months, the lack of proper planning and communication by Home Affairs will lead to some interesting times while the changes are rolled out.

On 22nd May the regulations were published with the implementation date set for 26th May. As this is also the date on which VFS will start operating the public has not been provided an opportunity to familiarise itself properly with the new laws and processes.

Initiate has had a meeting with the Department of Labour to clarify the process of their recommendation, and once VFS opens its doors we will be the first in line to confirm their processes.

We will keep our clients updated, but we will also ask for your patience as we start working within the new framework.


For any questions please feel free to contact me.

Joachim SchuckmannImmigration Director

T: +27 (0) 21 488 9810M: +27 (0) 76 480 6882

E: [email protected]: www.initiateimmigration.com

Skype: joachim.initiate

Law

Immigration law changes 2014