Construction Industry Federation says people are being turned off applying

Construction industry needs skilled workers to build houses.

Almost 10,000 work permits were granted to non-EU nationals in the first three months of this year, indicating that the numbers coming to work here will be far in excess of last year’s total. However, the figures show there is a shortage of workers in various sectors across the country.

The number granted permits for the first three months of this year reached 9,897, with 1,095 applications refused and 230 withdrawn.

The number of permits being granted has jumped massively from a low of 3,863 in 2013 as the recession reached its peak. Four years earlier in 2009, as the recession was starting to take hold, the total was 7,962.

In the construction industry workers from outside the EU are urgently needed to relieve the housing crisis due to the shortage of units being built compared to the demand. But they are currently being “delayed or turned off” coming to Ireland due to “a lack of synchronised efforts” by two government departments, an industry watchdog claims.

The claims have been made by the Construction Industry Federation (CIF), the sector’s representative body, even though the number of construction workers granted work permits from outside the EU for the first two months of this year has more than doubled compared to the same period in 2024.

Construction industry needs skilled workers to build houses. Photo: Andrew Aitchison

A total of 262 people were granted construction work permits in January, February and March last year, while 1,523 in total for 2024 were given the green light. For the first three months of this year, 577 construction work permits have so far been approved.

Sean Downey, director of the CIF’s learning and development department, said that despite efforts by the Department of Enterprise, Trade and Employment to fast-track their entry into the country, the requirement by the Department of Foreign Affairs for visas from countries outside of the EU is delaying the process by as much as four months.

“To us there seems to be no synchronised communication and work permit guidance between both departments. The Department of Foreign Affairs should be linking closer with Trade and Employment and construction companies which hold trusted employer status,” Mr Downey said.

“By having to wait four months to get a visa to work here, it is putting a lot of potential workers off coming to Ireland from such places as South ¬Africa.

“The Department of Trade held a very successful recruitment campaign there last year to encourage more skilled construction people to come here yet Foreign Affairs does not seem to be liaising with them. This obviously in return is impacting on housing units being built.”

The payroll data, based on tax paid by workers, put the number working in construction at 143,100 in June last year, up from 133,300 at the end of 2022. The most recent Labour Force Survey data puts the numbers employed in construction at 171,000 but the State needs tens of thousands more to meet housing and retrofitting 2030 targets.

Mr Downey said this is creating a “barrier” to getting a “very skilled” workforce from South Africa, China and Russia here to help with the crisis.

Mr Downey made his comments as the Department of Trade, Enterprise and Employment released figures for the first two months of this year to the Sunday Independent which show the numbers of non-EU workers being granted work permits still continues to rise year-on-year.

Of the work permits granted for ¬January and February 2,204 were ¬issued to the Indian community, 692 to Brazilians, 656 to those from the Philippines, 475 from China, 272 from South Africa and 46 from Russia.

The sectors where most foreign ¬nationals from outside the EU are employed are in construction and related industries, healthcare, agriculture and food, the service industries, technology and communication based companies.

Of the work permits granted for non-EU nationals in January and February this year, the highest numbers are based in Dublin with 3,295, with 550 in Cork and 297 in Kildare.

“It is not unusual to have people speaking 20 different languages on a construction site now. You have the first wave of EU nationals coming here in the early 2000s but perhaps weren’t that skilled in the industry,” Mr Downey said.

“They in turn are subcontracting work out to others from their own countries and are bringing multiples of workers here from countries such as Romania, Moldova and Poland. However, it needs to be reiterated that Irish workers are still in the majority but there are steady numbers coming here from both inside and outside the EU.”

A spokesperson for the Department of Trade, Enterprise and Employment said because of work permits not being needed by EU citizens it is “impossible” to ascertain the numbers of such nationalities working in construction and ancillary companies.

However, anecdotal evidence from large and small construction companies suggests thousands of workers are arriving from former Eastern Bloc countries such as Romania.

“Many construction firms will not publicly speak about issues employing foreign workers in case it impedes them,” said Mr Downey.

If you have been declared a prohibited person in South Africa, returning to the country can be very difficult but not always impossible. Whether you can come back depends on the reason for your prohibition, whether you qualify for an exemption or waiver, and whether you can apply for the status to be lifted.

Here is a detailed explanation of what it means to be a prohibited person, the steps you can take to return, and possible legal remedies.

1. What is a Prohibited Person?

A prohibited person is someone who is not allowed to enter or remain in South Africa due to specific legal reasons. This status is defined under Section 29 of the Immigration Act, 2002 (Act No. 13 of 2002).

Being declared a prohibited person is more serious than being an "undesirable person," as it usually involves long-term or permanent bans.

2. Reasons Why Someone Can Be Declared a Prohibited Person

According to Section 29(1) of the Immigration Act, you may be declared a prohibited person if you fall under any of the following categories:

a) Having a Serious Criminal Record

• If you have been convicted of serious crimes (such as murder, drug trafficking, rape, human trafficking, terrorism, or fraud), you can be prohibited from entering South Africa.

• Even if you have served your sentence, the DHA can still enforce a permanent ban.

• Crimes that involve national security are especially problematic.

b) Being Identified as a National Security Threat

• If the State Security Agency (SSA) or any intelligence agency has flagged you as a threat to national security, you may be declared a prohibited person.

• This includes suspected involvement in terrorism, espionage, or organized crime.

c) Being Infected with a Contagious Disease

• If you are infected with a communicable disease that is considered a public health risk, you may be prohibited from entering South Africa.

• Examples include Ebola, drug-resistant tuberculosis (TB), or other high-risk diseases.

• Exception: If you can prove that you will receive medical treatment in South Africa and will not pose a public health threat, the prohibition may be reconsidered.

d) Being a Member of an Organization Associated with War Crimes or Human Rights Violations

• If you were part of an organization that committed war crimes, genocide, crimes against humanity, or apartheid-related crimes, you may be permanently banned.

• This includes individuals associated with dictatorial regimes, extremist groups, or paramilitary organizations.

e) Using Fraudulent Documents or Misrepresenting Facts

• If you used fake passports, visas, identity documents, or provided false information in a visa or permanent residency application, you can be banned.

• This includes fake marriages for visa purposes.

3. Can a Prohibited Person Ever Come Back to South Africa?

Yes, but only under certain conditions. If you have been declared a prohibited person, there are three possible ways to try and overturn the prohibition:

Option 1: Apply for a Waiver (Exemption)

• Legal Basis: Section 29(2) of the Immigration Act allows the Minister of Home Affairs to grant an exemption to a prohibited person.

• This is not automatic and requires a formal application.

• A waiver is granted only in exceptional circumstances, such as:

o Strong humanitarian reasons (e.g., reuniting with family, urgent medical treatment).

o Evidence that the reason for prohibition no longer applies.

o If the ban was issued in error.

Option 2: Appeal the Prohibition Decision

• If you believe the prohibition was unfair or a mistake, you can appeal to the Director-General of Home Affairs.

• You must submit evidence proving why you should not be classified as a prohibited person.

• If the DHA rejects your appeal, you can take the case to the High Court.

Option 3: Apply for Rehabilitation (For Criminal Records)

• If your prohibition is due to a criminal conviction, you may be eligible for rehabilitation.

• To qualify, you must:

o Complete your prison sentence (if applicable).

o Wait at least 10 years from the date of conviction.

o Show proof that you have been reformed and no longer pose a threat.

o Obtain a police clearance certificate from your home country showing no new offenses.

o Provide supporting documents (e.g., proof of employment, community work, testimonials).

4. What is the Process to Request a Waiver or Appeal?

If you want to overturn your prohibited status, you must follow these steps:

Step 1: Gather Supporting Documents

Prepare documents that support your application, such as: ✅ A formal letter explaining why you should be allowed to return.

✅ A police clearance certificate (if applicable).

✅ Medical records (if the prohibition was due to health reasons).

✅ Proof of rehabilitation (if prohibited due to a criminal record).

✅ Supporting affidavits from family members or employers in South Africa.

Step 2: Submit an Application for a Waiver

• Submit your request to the Minister of Home Affairs.

• The application should be addressed to: Department of Home Affairs, Waivers Section, Pretoria, South Africa.

• Processing times vary, but it can take several months.

Step 3: Follow Up

• The DHA may ask for additional documents or interviews.

• If approved, you will receive written confirmation lifting the prohibition.

Step 4: If Denied, Take Legal Action

• If your waiver is denied, you can file a legal challenge in the High Court of South Africa.

• You will need a qualified immigration lawyer to assist with this process.

5. Can You Enter South Africa While Waiting for a Decision?

No. If you have been declared a prohibited person, you cannot enter South Africa until the DHA officially lifts your status.

Attempting to enter the country illegally (e.g., with a fake passport or through a border crossing) can lead to criminal charges and a permanent ban.

6. How Long Does It Take to Overturn a Prohibition?

• A waiver application can take 6 months to 2 years to process.

• Appeals can take several months to over a year.

• If legal action is needed, the process can take years.

7. Conclusion: Can You Come Back to South Africa?

✅ Yes, if you successfully apply for a waiver.

✅ Yes, if you appeal and win your case.

✅ Yes, if you apply for rehabilitation (for criminal cases).

❌ No, if the DHA rejects your waiver or appeal and you do not take further legal action.

❌ No, if your prohibition is due to serious crimes or national security threats.

Would you like help with writing a waiver request, filing an appeal, or finding legal representation for your case? 😊

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If you are unlawfully present (i.e., "illegal") in South Africa and wish to regularize your status, the process is complex and requires careful planning. South Africa’s immigration laws, governed by the Immigration Act 13 of 2002 and its regulations, are strict, and overstaying or entering illegally can result in severe penalties, including deportation, bans, or being declared a "prohibited person". Below is a detailed, step-by-step guide to navigating this situation:

1. Understand Your Current Legal Status

• What Makes You "Illegal"?

o Overstaying your visa (e.g., visitor, work, or study visa).

o Entering the country without a valid visa (if required for your nationality).

o Violating visa conditions (e.g., working on a tourist visa).

• Risks of Being Illegal:

o Arrest, detention, or deportation.

o A re-entry ban (1–5 years) under Section 30 of the Immigration Act.

o Difficulty applying for future visas.

2. Immediate Steps to Take

a. Do Not Ignore the Situation

• The longer you overstay, the harsher the penalties. Act promptly to avoid criminal charges or bans.

b. Consult an Immigration Practitioner

• A Immigration Practitioner can:

o Assess your eligibility for regularization.

o Advise on risks (e.g., deportation if you approach Home Affairs unprepared).

o Represent you in dealings with the Department of Home Affairs (DHA).

3. Pathways to Regularize Your Status

There is no general amnesty in South Africa for undocumented individuals, but you may explore the following options:

Option 1: Voluntary Departure

If you cannot regularize your status in South Africa, leave voluntarily to avoid harsh penalties.

• Process:

1. Depart South Africa before being detected as illegal.

2. Apply for a new visa from your home country (e.g., visitor, work, or study visa).

• Advantages:

o Avoids a re-entry ban (unless you overstayed by more than 30 days).

o Preserves future visa eligibility.

• Disadvantages:

o Requires starting the visa process from scratch.

Option 2: Apply for a Visa or Permit

If you qualify for a visa/permit, you may apply to regularize your status without leaving South Africa, but strict conditions apply.

Submit a good cause at Immigration Inspectorate with reasons why you became illegal

a. Apply for a Visa/Permit in Good Cause

• Eligible Categories:

o Spousal/Partner Visa: If married to a South African citizen/permanent resident.

o Work Visa: If you have a formal job offer and the employer complies with labor laws.

o Study Visa: If enrolled at a registered institution.

o Business Visa: If investing R5 million in a South African business.

o Relative’s Visa: If dependent on a South African citizen/permanent resident.

• Requirements:

o Passport valid for 30+ days after visa expiry.

o Police clearance (from South Africa and home country).

o Proof of financial means.

o Medical and radiology reports.

• Key Challenge:

o Home Affairs may refuse to process your application if you are already illegal.

If you overstayed due to exceptional circumstances (e.g., medical emergency,), request a waiver to bypass penalties.

• Submit:

o A letter explaining your reasons for overstaying.

o Supporting evidence (e.g., hospital records, flight cancellation proof).

• Outcome:

o If approved, you can apply for a visa without leaving South Africa.

o If denied, you must depart and face potential bans.

Option 3: Asylum/Refugee Status

If fleeing persecution, apply for asylum at a Refugee Reception Office (e.g., in Pretoria or Cape Town).

• Process:

1. Submit an asylum application (Form RAD-1).

2. Attend an interview with the Refugee Status Determination Officer.

• Advantages:

o Legal stay while your application is processed.

o Access to a refugee ID and work permit.

• Risks:

o Asylum is not a pathway to permanent residence unless approved as a refugee.

o Fraudulent claims lead to deportation and bans.

Option 4: Ministerial Intervention

In rare cases, the Minister of Home Affairs may grant discretionary relief for:

• Humanitarian reasons (e.g., critical medical treatment for a child).

• Compelling economic contributions (e.g., investors creating jobs).

• Process: Submit a formal request via an immigration lawyer.

4. Risks of Applying In-Country

• Arrest and Deportation:

Approaching Home Affairs without legal advice could result in detention.

• Section 32 Notice:

If arrested, you may receive a notice to depart within 14 days (voluntary deportation).

• Prohibited Person Status:

Overstaying by 30+ days triggers an automatic 12-month re-entry ban.

5. Step-by-Step Process to Regularize

1. Consult a Lawyer: Assess your options and risks.

2. Gather Documents:

o Passport, police clearances, proof of relationship/employment, etc.

3. Choose a Pathway: Apply for a visa, waiver, or asylum.

4. Submit Application: of good cause

o Via VFS Global (for visas) or a Refugee Reception Office (for asylum).

5. Await Outcome:

o Visa processing can take 6–12+ months due to DHA delays.

6. Comply with Conditions:

o If approved, adhere to visa terms to avoid future issues.

6. Critical Considerations

• Avoid Fraud: Misrepresentation (e.g., fake marriages or documents) results in a 5-year ban.

• Stay Informed: Immigration policies change frequently

• Beware of Scams: Only use licensed immigration practitioners (check with the South African Council for Legal Practitioners).

8. What If You Are Detained?

• Contact your lawyer or embassy immediately.

• Request a deportation hearing to argue for voluntary departure.

• Apply for bail if detained longer than 48 hours.

9. Final Advice

• Act Quickly: Delays worsen penalties.

• Prioritize Voluntary Departure if no viable regularization pathway exists.

• Keep Records: Save all application receipts, correspondence, and legal advice.

Regularizing your status in South Africa is challenging but not impossible. Success depends on your eligibility, adherence to the law, and professional guidance. Always consult a registered immigration attorney to navigate this high-stakes process safely.

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Employers face many challenges when employing foreign workers. It’s best to familiarise yourself with these challenges and know how to overcome them.

When recruiting foreign nationals, you have many options, but working with a specialist

immigration attorney can assist you in maximising your chances of success.

Hiring Foreign Workers – An Overview

There are many reasons why employers may choose to hire foreign workers. Sometimes, it may be because they can fill a skills shortage in the company. In other cases, it may be because they are willing to work for lower wages than local workers. However, there can be several problems associated with hiring foreign workers.

From the recruitment process to the visa bit to facing immigration and relocation and even helping the foreign worker to adapt to the new culture and climate.

We have explored each problem below and provided potential solutions to mitigate the challenges.

Challenges of Hiring International Employees

While hiring foreign workers has several advantages, many challenges come along with hiring foreign employees.

1. Difficulty in the Recruitment Process:

The first challenge you may face when hiring foreign employees is the difficulty in the recruitment process. It can be difficult to identify and attract top talent from other countries. You may have to post job openings on international job boards or work with foreign recruitment agencies. The process can be time-consuming and expensive.

The solution to this challenge is to work with a reputable international recruitment agency. A good agency will have a network of contacts and relationships that they can leverage to help you find the best candidates for your open positions. Local recruitment agencies can also help you.

2. Language Barriers:

Another challenge you may face when hiring overseas workers is the lack of technical or language skills. If the employee is not fluent in English, there may be some difficulty communicating and working together. This can lead to misunderstandings and frustration on both sides.

One way to overcome this challenge is to offer language training for your international employees. This will help them to better communicate with you and their fellow employees. Another solution is to hire bilingual staff members who can act as a liaison between you and the international employees.

3. Time Zone Differences:

If your company is based in the UK or USA or Europe , but you have employees in other parts of the world, there may be a significant time difference. This can make it difficult to coordinate work schedules and communicate on time.

One way to overcome this challenge is to use online tools and applications that allow real-time collaboration, such as Google Docs or Skype. This will allow you to work together regardless of the time difference. Another solution is to adjust your work hours to accommodate the time difference. For example, if you have employees in a particular country, you could start your workday earlier to overlap with their workday.

4. Cultural Differences:

Another challenge you may face when hiring overseas workers is cultural differences. There can be many cultural differences between your company and the employee’s home country. This can lead to misunderstandings and conflict.

One way to overcome this challenge is to provide cross-cultural training for your employees. This will help them better understand and appreciate your company’s different cultures. Another solution is to create a diversity and inclusion policy that outlines expectations for respectful behaviour among all employees.

5. Different Laws and Regulations:

Another challenge you may face when hiring international employees is different laws and regulations. Each country has laws and regulations regarding employment, making it difficult to comply with them. This can lead to legal problems down the road.

The solution to this challenge is to work with a reputable international law firm specialising in employment law. They can help you navigate the different laws and regulations and ensure that you are in compliance.

6. Higher Costs:

Another challenge you may face when hiring migrant workers is higher costs. Recruiting, hiring, and relocating employees from other countries can be expensive. You may also have to provide additional benefits, such as health insurance, to comply with different laws and regulations.

One way to offset these costs is to offer remote working arrangements. This will allow you to hire the best talent worldwide without relocation costs. Another solution is to provide a stipend to help cover living costs in a different country.

7. Hiring Risks:

Another challenge you may face when hiring a foreign worker is hiring risks. When you hire someone from another country, there is always the risk that they may not be able to get a work visa or that they may not be able to adjust to life in a new country. This can lead to wasted time and money if the employee has to return home.

The solution to this challenge is to do your homework before you hire anyone. Ensure you are familiar with the country’s visa requirements and that the employee can obtain a work visa. You should also ask for references from previous minimises and check them carefully. Taking these precautions can minimise the risks associated with hiring international employees.

8. Difficulty Building Rapport and Trust

Another challenge you may face when hiring international employees is a lack of connection. It can be difficult to connect with someone new to the culture. This can make it difficult to build rapport and trust.

One way to overcome this challenge is to use social media and other online tools to connect with your employees. You can also encourage them to attend company events and meetups. Another solution is to assign a buddy or mentor to help the employee adjust to life in a new country.

We can help you with the visas, immigration, sponsorship and other processes.

9. Balancing Local and Foreign Workers

Sometimes, you may need to balance the number of local and foreign workers in your company. This can be a challenge if you have a limited number of positions. You may also need to consider foreign workers’ impact on the local economy.

One solution to this challenge is limiting the number of foreign workers you hire. This will help ensure that there are enough jobs for locals. Another solution is to invest in training and development programs for locals so that they can compete for jobs at your company.

10. Personalised Assistance for International Recruits to Settle Down

Transitioning from one language and culture to another might be daunting for foreign candidates. A culture shock may result from moving into a new office complex and environment. It might damage their mindset, affecting their capabilities in the long run. When hiring international employees, it’s important to provide them with the resources they need to settle into their new life. This includes finding a place to live, getting a work visa, and opening a bank account.

Organisations should assist foreign recruits with day-to-day activities as soon as possible. Employees should be given adequate time to adjust to their new working setting. It is critical for any company to offer assistance in moving them.

Expert tips for overcoming the challenges of Hiring Foreign Workers in Your Business

Following are some tips from experts to overcome the challenges while hiring foreign workers:

1. Do your research:

Before hiring anyone from another country, it’s important to do your homework. Make sure you are familiar with the country’s visa requirements and that the employee can obtain a work visa. You should also ask for references from previous employers and check them carefully.

2. Use technology:

Use video conferencing tools like Zoom, Skype, or FaceTime to stay connected with employees who live in another country. You can also use social media platforms to connect with employees on a personal level.

3. Limit the number of foreign workers:

One way to overcome the challenge of balancing local and foreign workers is to limit the number of foreign workers you hire. This will help ensure that there are enough jobs for locals.

4. Provide resources:

When hiring international employees, it’s important to provide them with the resources they need to settle into their new life. This includes finding a place to live, getting a work visa, and opening a bank account. Organisations should assist foreign recruits with day-to-day activities as soon as possible. Employees should be given adequate time to adjust to their new working setting. It is critical for any company to offer assistance in moving them.

5. Offer training:

Offer training to foreign employees on company culture and values. This will help them understand your expectations and easily adapt to their new role.

6. Communicate regularly:

Make sure you communicate regularly with foreign employees. This will help you stay up-to-date on their progress and address any concerns they may have.

7. Be patient:

It’s important to be patient when hiring foreign workers. They may need time to adjust to their new surroundings and learn how to do their job. Give them the support they need and be patient while settling in.

8. Seek help from experts:

If you’re unsure how to overcome the challenges of hiring foreign workers, seek help from experts. They can provide guidance on the best way to move forward.

9. Review your policies:

Ensure you review your policies periodically to ensure they are up-to-date and compliant with the law. This will help you avoid any penalties or legal issues down the road.

10. Keep an open mind:

Finally, keeping an open mind when hiring foreign workers is important. They may have different lifestyles and cultural backgrounds, but that doesn’t mean they aren’t capable of doing great work. Give them a chance to show what they can do, and you may be surprised at the results.

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In South Africa, there are several types of relationships recognized under different laws, each with its own implications and recognition by the Department of Home Affairs for visa purposes.

Types of Recognized Marriages and Unions

Civil Marriages

• Governed by the Marriage Act of 1961, these marriages are performed by a marriage officer at a Home Affairs office. They can be:

o In community of property (default, where assets and debts are shared equally).

o Out of community of property with the accrual system (assets are kept separate, but the appreciation in value is divided equally in case of divorce).

o Out of community of property without the accrual system (assets and liabilities are kept separate).

Civil Unions

• Governed by the Civil Union Act of 2006, these unions are available for both same-sex and opposite-sex couples. They offer the same rights and responsibilities as civil marriages and can also be in community of property, out of community of property with accrual, or out of community of property without accrual.

Customary Marriages

• Recognized under the Recognition of Customary Marriages Act of 1998, these marriages follow the customs and traditions of the parties involved. They can be monogamous or polygamous and are automatically considered in community of property unless otherwise specified in an antenuptial contract.

Recognition by Home Affairs for Visa Purposes

• Civil Marriages: Recognized for visa purposes, including spousal visas.

• Civil Unions: Also recognized for visa purposes, offering the same rights as civil marriages.

• Customary Marriages: Recognized for visa purposes if they are registered and meet the requirements of the Recognition of Customary Marriages Act.

Non-Recognized Relationships

Cohabitation

• Cohabitation, often referred to as common-law marriage or domestic partnership, is not recognized as a legal relationship by South African law. Therefore, it is not recognized by Home Affairs for visa purposes. Cohabiting couples can, however, enter into a cohabitation agreement to regulate their relationship and protect their rights, but this does not confer the same legal status as a recognized marriage or union

.

In summary, for visa purposes, the Department of Home Affairs in South Africa recognizes civil marriages, civil unions, and customary marriages, but does not recognize cohabitation or domestic partnerships.

In South Africa, various types of relationships are recognized, reflecting the country's diverse cultural and social landscape. For visa purposes, the Department of Home Affairs acknowledges specific types of relationships. Here's an overview:

Recognized relationships in South Africa:

1. Marriage: A legally recognized union between two individuals, including customary marriages, civil unions, and religious marriages.

2. Civil Union: A legal partnership between two people of the same or opposite sex, as per the Civil Union Act (2006).

3. Customary Marriage: A marriage according to indigenous customs and traditions.

4. Domestic Partnership: A committed relationship between two people, often cohabiting, but not formally married.

5. Life Partnership: Similar to a domestic partnership, emphasizing a long-term, committed relationship.

Relationships recognized by Home Affairs for visa purposes:

1. Marriage: Spousal visas are available for foreign spouses of South African citizens or residents.

2. Civil Union: Partners in a civil union are eligible for spousal visas.

3. Customary Marriage: Recognized for spousal visa applications.

4. Permanent Co-habitation: Unmarried partners, including same-sex couples, may apply for a life partner visa if they can prove cohabitation and a committed relationship.

In South Africa, Muslim Nikah marriages are currently not automatically recognized by the Department of Home Affairs unless they are registered under the Marriage Act or Civil Union Act. This means that while a Nikah may be valid under Islamic law, it must also be registered as a civil marriage for visa purposes. However, if the couple can demonstrate a genuine life partnership, they may still qualify for a life partner visa if the relationship is well-documented and long-term.

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