New Zealand tightens visa rules for foreign workers and families; key details here

Synopsis
The key change is that individuals holding an Accredited Employer Work Visa (AEWV) at ANZSCO skill levels 4 and 5, without a clear pathway to residency, can no longer sponsor their partners and dependent children for work, visitor
On June 26, 2024, New Zealand implemented changes to its visa regulations that will impact certain foreign workers and their families. The new rules aim to streamline the visa application process and align it more closely with the country`s economic and immigration priorities.
The key change is that individuals holding an Accredited Employer Work Visa (AEWV) at ANZSCO skill levels 4 and 5, without a clear pathway to residency, can no longer sponsor their partners and dependent children for work, visitor, or student visas in New Zealand. This adjustment brings the AEWV scheme more in line with the previous Essential Skills Work Visa program.

However, it`s important to note that partners and dependent children can still apply for their own visas, such as the Accredited Employer Work Visa or international student visas, as long as they meet the respective criteria. Additionally, the new rules do not impact individuals who already hold visas as partners or dependents, nor do they affect AEWV holders in ANZSCO level 4 and 5 roles with established pathways to residency, including the Green List and sector agreements.
The New Zealand Government has also confirmed that applications currently in progress for partner or dependent child visas will be assessed under the regulations in place at the time of application, ensuring continuity for affected individuals.
If you had already supported your family`s visa application before June 26th, 2024, you may still be able to sponsor a visa for your partner or dependent child under certain conditions. This includes situations where they already held a visa based on their relationship with you, or if their work, visitor, or student visa application was in progress before the rule change and was approved afterward.


For AEWV holders in ANZSCO skill levels 4 or 5 who earn less than NZD USD 47.41 per hour, you may still be able to sponsor a visa for your partner or dependent children. In order to be able to sponsor a partner of a Worker Work Visa for your partner, you will need to show that you earn at least NZD USD 29.66 per hour, whereas for a child of a Worker Visitor Visa or a Dependent Child Student Visa for your dependent children, you will need to provide a proof of least NZD USD 43,322.76 annually.

If your earnings are below NZD USD 29.66 per hour, you may be able to support a Partner of a Worker Visitor Visa instead. Additionally, you could sponsor a work visa with open conditions if you earn at least NZD USD 59.32 per hour or if your job is listed on the Green List and you meet the role`s specific requirements.

These changes are part of a broader effort by the New Zealand government to streamline the visa application process and ensure that it aligns with the country`s economic and immigration priorities.


700,000 IDs Are Still Blocked by Home Affairs in South Africa: Are You One of Them? Check Here

700,000 IDs Are Still Blocked by Home Affairs in South Africa: Are You One of Them? Check Here: In a landmark ruling that could potentially alter the lives of hundreds of thousands, the Gauteng High Court in Pretoria has declared the Department of Home Affairs’ (DHA) practice of blocking South African IDs as unconstitutional.
700,000 IDs Are Still Blocked by Home Affair
This judgment comes as a significant relief to many who have found themselves in a state of bureaucratic limbo, unable to access essential services due to the arbitrary blocking of their identification documents.
The legal battle, spearheaded by Lawyers for Human Rights (LHR), Legal Wise South Africa, and the Children’s Institute, highlights the severe implications of the DHA’s actions. The department, in its attempt to maintain the integrity of the National Population Register, blocked IDs it suspected to be fraudulent without prior notice or fair administrative processes. This practice left many individuals effectively stateless, unable to engage in fundamental aspects of daily life.
The Unconstitutional Practice of Blocking IDs
The issue dates back to May 2012, when the DHA initiated a campaign to address duplicate IDs in the National Population Register. What began with 29,000 identity documents quickly escalated, and by 2020, over one million IDs had markers placed against them, leading to their blocking. While the department has since unblocked 1.8 million IDs, more than 700,000 remain blocked, leaving those affected in a precarious situation.
The Gauteng High Court’s judgment, delivered by Judge Elmarie van der Schyff, declared that the DHA’s practice was an unjust and irregular administrative action inconsistent with the South African Constitution. The court emphasized that a mere suspicion of fraud did not justify the blocking of IDs without following just administrative procedures.
The Human Cost
The consequences of this practice have been far-reaching. Affected individuals, unable to obtain passports, travel, access education, healthcare, or even open bank accounts, have been rendered invisible in the eyes of the state. This “ghosting” effect not only disrupts the lives of adults but also severely impacts children whose parents’ IDs have been blocked.
Phindile Mazibuko, an Eswatini citizen who has lived in South Africa since 1998, brought the initial application forward. Her ID was blocked, and she faced the threat of losing her permanent residency. This case, joined by LHR and Legal Wise South Africa, was a matter of public interest, seeking to unblock the IDs and restore the affected individuals’ rights.
LHR, in their founding affidavit, argued that the blocking of IDs was unconstitutional as it left people in a state of statelessness. “They become ghosts in the system - they cannot obtain passports and travel, they cannot access education and healthcare, they cannot open or access bank accounts,” the organization stated.
The Court’s Decision
In her ruling, Judge Van der Schyff pointed out that while the Director-General has a responsibility to protect the integrity of the national population register, doing so without following just administrative procedures constitutes mischief. She stated that suspicion alone was insufficient to justify the blocking of IDs unless authorized through a court order, thus asserting that the DHA had overstepped its bounds.
The DHA, in its answering affidavit, admitted that the IDs were blocked without a fair and just administrative process, acknowledging that this was inconsistent with the Constitution. The department claimed to have since developed a procedurally fair and transparent system, although it still involves placing markers or blocking IDs.
Moving Forward
The court has ordered the DHA to assess whether unblocking the currently blocked IDs would pose a security risk and to determine the status of LHR and Legal Wise clients within 90 days. The declaration has been suspended for 12 months, providing the DHA with time to comply with the order.
LHR has welcomed the ruling as a significant step towards ensuring a fair and just administrative process. Palesa Maloisane, LHR’s Legal Consultant for Statelessness, emphasized the importance of this judgment in preventing statelessness and restoring citizenship and dignity to those affected. She expressed hope that the DHA would swiftly resolve the cases, particularly those involving children, to enable affected individuals to reclaim their lives and access essential services.
Check Your Status
If you suspect that your ID may be among the 700,000 still blocked, it is crucial to check your status and take necessary actions. Contact the DHA or seek assistance from organizations like LHR to ensure your rights are restored. This ruling marks the beginning of a journey towards justice and dignity for all South Africans affected by this unjust practice.
Conclusion
The Gauteng High Court’s decision is a critical victory for human rights and the rule of law in South Africa. It underscores the necessity of fair administrative processes and the protection of individuals’ rights against arbitrary state actions. As the DHA works to comply with the court’s order, the hope is that those affected will soon be able to fully participate in society, free from the constraints of a blocked ID


Change in visa rules in Australia - how will it impact Indians

Synopsis
Starting July 1, 2024, changes to Australian student visa rules require offshore applications. Temporary Graduate visa holders must explore job opportunities for extended stay. Post-study work rights are shorter with stricter English
Effective July 1, 2024, individuals applying for an Australian student visa must begin their application process from outside the country, rather than within Australia. This change affects holders of specific visas, such as Visitor and Temporary Graduate visas, who will no longer be allowed to apply for student visas while in Australia. The Australian government emphasizes that it will only consider student visa applications from offshore applicants who can demonstrate a genuine intention to pursue studies in Australia.

Visitors, Temporary Graduate visa holders, and other specified visa holders currently in Australia are ineligible to apply for Student visas under the new rules. However, student visa applications already lodged within Australia before July 1, 2024, will continue to be processed unaffected by these regulations. Holders of Working Holiday Maker and Work and Holiday visas are also exempt from these changes and will not face any impact on their current visa statuses.
Australia`s government has clearly stated that temporary graduates should plan to leave the country when their visa expires or explore job opportunities that could lead to employer-sponsored visas or permanent residency if they wish to remain in Australia. According to the recent `Graduates in Limbo` report by the Grattan Institute, 32 percent of Temporary Graduate Visa holders are opting to return to study to extend their stay in Australia beyond their visa`s duration.

These changes align with additional reforms scheduled for implementation on July 1 for Temporary Graduate visa holders. These reforms include notably shorter post-study work rights, a reduction in age eligibility from 50 to 35 years old, and heightened English language proficiency requirements introduced in March.

Prospective students can apply for their Student visa from overseas and travel to Australia while awaiting their visa decision. However, they must possess or be granted a visa that permits entry and stay in Australia during this period. It`s important to note that offshore Student visa applicants are ineligible for a Bridging visa to remain in Australia while their application is processed.

Under the new regulations, holders of visitor visas are permitted to study for up to three months while their visa is valid. Individuals planning to pursue studies exceeding this period must apply for a Student visa from outside Australia.

Certain visa holders in Australia, including Temporary Graduate, Maritime Crew, and Visitor visa subclasses, are now prohibited from applying for a Student visa while within the country. Specifically affected visa types include Subclass 485 (Temporary Graduate), Subclass 600 (Visitor), Subclass 601 (Electronic Travel Authority), Subclass 602 (Medical Treatment), Subclass 651 (eVisitor), and Subclass 988 (Maritime Crew). Additionally, holders of Subclass 403 (Temporary Work) under the International Relations (Domestic Worker - Diplomatic or Consular) stream, Subclass 426 (Domestic Worker (Temporary) - Diplomatic or Consular), Subclass 771 (Transit), and Subclass 995 (Diplomatic Temporary - primary visa holders only) are already ineligible to lodge valid Student visa applications while in Australia.



Canada is after these skills in South Africa, offering up to R6 million


Canada is actively recruiting foreign skilled healthcare and Information Technology (IT) professionals, including South Africans.


Canada has noted that persistent staffing shortages in the healthcare sector following the pandemic have led some organisations, including certain provincial government agencies, to rely more on foreign workers to fill positions in clinics, hospitals, and senior care facilities nationwide.


Federal data from Employment and Social Development Canada shows the government greenlighted the hiring of 4,336 foreign healthcare workers last year`up from 447 such positions in 2018, representing an 870% increase.


Considering the international talent drive for South African workers, immigration experts note hundreds of South Africans are among these foreign professionals recruited in Canada.


Canadian immigration consultant Nicholas Avramis from Beaver Immigration said the number of professionals moving to Canada is partly due to South Africans wanting to leave.


Aramis told BusinessTech that Beaver Immigration had seen a 50% spike in interest from doctors and nurses who want to immigrate to Canada.


The same goes for IT specialists.


As digital dependence grows and new technologies drive change across all industries, the number of tech jobs is increasing.


Companies continue to report skill shortages, leading to shifts in the average salary expectations for top tech jobs.


This has led to Science, Technology, Engineering, and Math being among the top in-demand sectors in Canada, which also face skills shortages as a result.


According to Avramis, Beaver Immigration has received approximately 25% of all applications from IT workers in South Africa.


He added that for young, skilled South African IT professionals, it is always about pay and career growth, especially for those between the ages of 25 and 40.


“For the over-40 crowd, which includes skilled professionals and business owners, it is more about the future of their children.


“They want better schools and a safer environment for their children. Moreover, when their children graduate school, they want comfort in knowing that there will be a job at the end of the line,” he said.


The jobs and what they pay


According to Beaver Immigration, Canada’s healthcare shortage is around 50,000 professionals.


Data from Employment and Social Development Canada shows that registered nurses, general practitioners and family physicians, specialist physicians, and medical technicians are among the most in-demand jobs within the healthcare sector for skilled foreigners.


Some specialists include cardiologists and neurologists.


Considering these in-demand professions, BusinessTech looked at the annual salary ranges of these jobs as outlined by recruitment firm Talent.com.


Unsurprisingly, these specialists earn massive salaries, with the average Neurologist earning approximately $325,000 (R4.4 million).


On the lower end of the salary spectrum are medical technicians, taking home an average of $49,056 (R660,000). However, some of these professionals can earn up to $62,638 (R845,000).


Avramis also noted that the global demand for South African healthcare professionals is so great that Beaver Immigration has ramped up its recruitment of doctors and nurses as of June 2024.


In the IT sector, software developers, IT project managers, business system analyst administrators, and cybersecurity experts are in high demand.


Software Developers tend to earn the most on average, $141,017 or R1.9 million, while IT project managers and cybersecurity experts still rake in around R1.5 million.


According to Canada’s official stats office, 14,205 South Africans have successfully received permanent residence in the country since 2015, with the number of locals leaving increasing each year.


475 South Africans have become permanent residents in Canada in 2024 so far.


Below are the top in-demand jobs within the healthcare and IT sectors in Canada which are also actively filled by South Africans and their salaries.


It should be noted that the salary range often has a positive correlation with experience.

Job Average salary Salary range

Nurse $72,936

(R982,220) $59,762 to $83,168

(R804,800 to R1.1 million)

General physician (doctor) $107,463

(R1.45 million) $53,692 to $306,444

(R723,000 to R4.1 million)

Cardiologist $294,000

(R3.96 million) $261,311 to $444,186

(R3.5 million to R6.0 million)

Neurologist $325,000

(R4.38 million) $230,000 to $354,500

(R3.0 million to R4.8 million)

Medical technician $49,056

(R660,600) $42,765 to $62,638

(R575,900 to R843,600)

Software developer $141,017

(R1.90 million) $82,500 to $158,103

(R1.1 million to R2.1 million)

IT project manager $122,156

(R1.65 milllion) $100,000 to $140,000

(R1.4 million to R1.9 million)

Business system analyst administrator $90,000

(R1.21 million) $80,650 to $92,950

(R1.09 million to R1.3 million)

Cybersecurity expert $122,156

(R1.65 million) $95,000 to $166,363

(R1.28 million to R2.2 million)

New Home Affairs Minister Dr Leon Schreiber extends temporary visa concession to safeguard applicants from adverse consequences caused by processing delays

DHA  - : 04 July 2024 

In his first official act as the new Minister of Home Affairs just one day after being sworn in, Dr Leon Schreiber has extended the temporary concession for foreign nationals who are currently awaiting the outcome of visa, waiver and appeal applications.

This extension safeguards applicants - including those who are contributing to South Africa through their scarce skills - from suffering adverse consequences or being erroneously declared undesirable while they await the outcome of applications submitted to the Department.

The processing of some of these applications has been delayed as the Department works on reducing backlogs. While the Department has made progress in this regard since its previous communication on the matter, there is still a backlog in various visa and permit categories and Minister Schreiber has now moved to protect applicants while the backlog is reduced.

The decision to avert adverse consequences for applicants who seek to obtain lawful visas in order to contribute to South Africa, either through their skills or as tourists, signals the Minister’s commitment to improving the visa system to make South Africa a more attractive destination for international investment, tourism and job creation. While it will take time to achieve this vision in full, the decision to extend the temporary concession serves as a signal of intent to reinvigorate the Department of Home Affairs and position it as a vital economic enabler.

In order to build confidence in this new approach, Minister Schreiber further commits to avoiding a repeat of the current situation that has seen the previous concession expire prior to the extension being announced. While the Department is committed to eradicating the backlog as soon as possible, the Minister undertakes that any further extension, modification or amendment to the terms of these concessions will be communicated in writing prior to the new expiry date of 31 December 2024.

The following temporary measures will apply with immediate effect.

 

Applicants whose waiver application outcomes are still pending:

Visa holders who have applied for a waiver and the waiver application is still pending as at 30 June 2024, are granted a further temporary extension until 31 December 2024 to enable the Department to process the applications, for applicants to collect their outcomes, and to submit applications for appropriate visas.

Those who wish to abandon their waiver applications and depart from South Africa, will be allowed to exit at a port of entry before or on 31 December 2024 without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014.

Visa holders who need to travel, but are awaiting the outcome of a waiver application, will be allowed to exit and re-enter at a port of entry up to and including 31 December 2024, without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014. However, non-visa exempt applicants who travel out of the country with a waiver application receipt are required to apply for a port of entry visa which would allow them re-entry into South Africa.

 

Applicants whose visa applications are still pending:

Visa holders who have applied for long-term visas (Visitor’s Visas in terms of section 11(1)(b) and 11(6) of the Immigration Act, 2002; Business Visas, Study Visas, Relative’s Visas and Work Visas) and whose application is still pending as at 30 June 2024, are granted a further temporary extension until 31 December 2024 of their current visa status. Applicants are not allowed to engage in any activity other than what the visa conditions provide for. 

Those who wish to abandon their visa applications will be allowed to exit at a port of entry before or on 31 December 2024 without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014.

Visa holders who need to travel, but are awaiting the outcome of a long-term visa application, will be allowed to exit and re-enter at a port of entry up to and including 31 December 2024, without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014. However, non-visa exempt applicants who travel out of the country with a long-term visa application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa.

 

Applicants whose visa appeal applications are still pending:

Visa holders who have appealed a negative decision on an application for long-term visa (Visitor’s Visas in terms of section 11(1)(b) and 11(6) of the Immigration Act, 2002; Business Visas, Study Visas, Relative’s Visas and Work Visas) are granted a temporary extension until 31 December 2024 of the current visa status. Applicants are not allowed to engage in any activity other than what the visa conditions provide for. 

Those who wish to abandon their visa appeal applications and depart from South Africa, will be allowed to exit at a port of entry before or on 31 December 2024 without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014.

Visa appeal applicants who need to travel, but are awaiting the outcome of an appeal application for a long-term visa, will be allowed to exit and re-enter at a port of entry up to and including 31 December 2024, without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 read with regulation 27(3) of the Immigration Regulations, 2014.

All appeal applicants are required to produce a copy of the rejection letter with a receipt for the appeal application on departure and re-entry into South Africa. Non-visa exempt appeal applicants who travel out of the country with an appeal application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa.

 

Short term visa holders issued in terms of section 11(1)(a)

Short term visa holders issued in terms of section 11(1)(a) of the Immigration Act, 2002 for 90 days or less, who have applied for a renewal, but have not received their visa renewal outcome, must make the necessary arrangements to depart from South Africa within 90 calendar days from the date of expiry of the principal visa, to avoid being declared undesirable. The latter concession is in line with the provisions of section 11(1)(a) of the Immigration Act, 2002 which limits the duration of sojourn for visiting purposes to a total of 180 days.

 

The temporary concession applies only to foreign nationals who have been legally admitted into South Africa.

This concession is also only applicable to applicants who have submitted their applications via VFS Global and who can produce a verifiable receipt for such application against the VFS Global tracking system. 

ISSUED BY THE DEPARTMENT OF HOME AFFAIRS