Our immigration system is failing on nearly every front

The House – 08 December 2022

A successful immigration policy needs to be based on secure borders.

We need a practical and sustainable procedure for bringing people to the United Kingdom whose skills are needed or to unite with settled families. We need safe and legal routes to bring people here who are genuinely escaping danger or persecution and have a legitimate claim to a secure haven in the UK rather than another destination. We need an efficient and fair way for processing the claims of applicants and removing those who have not reached the threshold, and an effectively functioning department of government to operate it all with pragmatism and compassion.

Unfortunately, on virtually all fronts our immigration system is failing; an unfortunate state of play acknowledged even by successive home secretaries. So, what’s to be done? Any solution needs to be multi-faceted.

If the ill-fated Rwanda scheme is to act as a proper deterrent, then literally planes have got to get off the ground

The whole vile trafficking trade could of course be stopped overnight if the French authorities agreed to intercept the boats at sea and bring passengers back to the French beaches after an expensive but abortive round trip. Alternatively, they could detain the migrant groups intercepted (largely due to yet more British subsidies of French police) heading for the beaches and check their status rather than confiscating an easily replaced boat and setting them free to try their luck again the following night. But why would they do that?

Surely it is not in French interests for the north French coast to be a magnet for “jungle” type camps simply because people think they can get into the UK. But as the Home Affairs Select Committee has proposed, and discussions with certain French politicians have revealed, there is a deal to be done. Intercepted migrants could be taken to the reception centres which UK taxpayers are funding and where they have links with the UK and in some cases could be allowed to apply for asylum here. The condition though must be that the French authorities detain and deport those who are not reasonably accepted rather than set them free and back into the arms of the people traffickers.

Alongside that we need to re-establish proper safe and legal routes so those taking to the boats do have an option if they are genuine asylum seekers, something the French criticise us for. I have called for a Dubs Two scheme which focuses on rescuing some of the most vulnerable unaccompanied children and a generous family reunion scheme for those with close relatives legally resident in the UK.

Currently such routes are only available to those who qualify through the explicit and generous Afghan, Syrian, Hong Kong and Ukrainian schemes and a handful of others through UNHCR.  Having viable alternatives need not mean opening our doors to tens of thousands more people but would certainly mean we could be much tougher on enforcement against a much larger cohort of people who are really economic migrants gaming our system. Safe and legal routes are no good for those who do not have a legitimate and legal claim to be granted leave to stay in the UK.

We need a fast-track system for those still coming from agreed safe countries with arrangements in place to return them as swiftly as possible. Clearly Albanians fit in to this category and we have arrangements with the Albanian government to share intelligence on processing claims and accepting returns.

The latest surge in those identifying as victims of modern-day slavery to legitimise a clandestine arrival clearly needs legislation change, but it does not anyway confer automatic right to residency. Arguably people are better protected by their own government at home, close to friend and fa…

[21:50, 08/12/2022] Rod - Visa / IT: ‘I sell queue spots at Home Affairs for a living’

3 December 2022 iol 

Home Affairs queues are notoriously long with many people getting turned away at the end of the day without getting help or even stepping into the premises.

Nathi, a 24-year-old from the south of Durban, has made it his livelihood to make the people’s trip to these offices as convenient and stress-free as possible....at a price.

The young man wakes up just after midnight and carries 10 chairs to the nearest Home Affairs branch and waits for individuals he can sell the spots to.

“I don’t usually get up at the same time, so occasionally there is a short line when I arrive. I charge R100 for each spot,” he says.

He claims that the security guards know him and do not harass him, but can ask him for hush money whenever they feel like it. 

On a good day, Nathi says he can get R800, but this depends on several factors such as the weather, the person’s patience or lack thereof, and how early he wakes up.

Without a higher education, he sees his options as bleak and this job the only one he can do at the moment. Nathi lives in his friend’s tuckshop which is near the home affairs offices.

“People can be incredibly rude. They view me as inferior to the muck on their shoes because I perform this kind of work. I have approached folks who treated me like just another tsotsi, and received slaps and punches as a result.”

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Nathi believes he may earn between R3 800 and R4 500 per month. He spends R200 on accommodation, R1 500 on groceries, and R2 000 per month to send money back home for his 3-year-old child.

The young man says that even though this is a difficult job, he is proud that he can, at the very least, provide for himself and his son and does not have to rely on anyone else.

Earlier this year, the Department of Home Affairs introduced the branch appointment booking system. This is a system that allows clients to make electronic bookings for selected services at selected branches.

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“Citizens are encouraged to make use of the online booking system because in the near future, selected Home Affairs offices will process smart ID and passport applications only for clients who have booked an appointment through the branch appointment system.

“Pre-booked clients will be serviced at dedicated counters. It’s quick and easy.”

Despite this, lines are extremely long in most branches, and Nathi believes people like him will continue to make a living through these means.

www.samigration.com

Calls for DHA to act swiftly amid asylum application appeals backlog

Weekend Argus |  8 December 2022

Department of Home Affairs has been urged to hasten the processing of the asylum appeal backlogs which the Department says stands at 131 190 cases. 

The department has opted for an email appointment booking system for new asylum applicants, of which 31 973 still need to be processed.

While the department said that the rationale behind the email appointment booking system was to work through the two-year backlog, Adrian Roos, a member of the Portfolio Committee on Home Affairs, said that of the 131 190 applications which remain unfinalised, since 2019 less than 1000 had been finalised.

“The Minister is always quick to blame lack of staff and budget for any one of the various backlogs at Home Affairs, but in this case (it) has been supported with R146, 784,364 million from the UNHCR to implement a 4-year implementation plan to eradicate the backlog.

“The longer the appeal applications take to process, the longer those applicants are legally entitled to work in South Africa. The Minister needs to show some urgency on processing the asylum appeal backlog. Providing assistance to undocumented South Africans in schools is also essential before they disappear from the school system and in to a life of poverty,” said Roos.

Amid a growing narrative of undocumented refugees being the cause of the country’s socio economic problems, Sharon Ekambaram, from the Refugee and Migrant Rights Programme at Lawyers for Human Rights (LHR), says that the DHA’s inoperable systems and backlogs left asylum seekers and refugees susceptible to unlawful arrest and detention, due to their permits not being issued timeously by the Refugee Reception Offices (RROs).

“The backlog is directly related to the poor quality of decision making when people seeking refugee protection are routinely rejected at RROs. We do not really know the internal operational challenges faced by the DHA; however we are informed by our asylum seeker and refugee clients that when they respond to an invitation to present themselves to the refugee reception offices in person, they are turned away many times due to lost file contents and files that are at an offsite storage facility in Brits, and it takes time to obtain them. 

“ We have also found that in some instances they are not following the verification procedures prescribed by the Immigration Regulations, thereby leading people to be detained for prolonged periods of time,” said Ekambaram.

In response, the DHA said that the department had embarked on strategies to recover full services to reduce the possibility of overcrowding.

“The Refugee Reception Centres were opened to all services on 03 May 2022, except for newcomers in Cape Town where the Department is still finalising renovations of the new office. The offices are attending to clients through appointments. Clients who walk-in without appointment, where capacity allows, are also attended to over and above scheduled appointments. So far, the number of appointments received via emails is 17 455, as of 31 May, including duplicates, and there have been 1860 appointments booked as of 31 May.

“Given the backlog estimates built over the past two years, the department is embarking on strategies to recover full services in a manner that reduces the possibility of overcrowding through the continuation of the online solutions to manage the volumes of clients visiting offices versus capacity, increase capacity at offices with limited capacity, prioritise the reopening of Cape Town Refugee Reception Office to newcomers, and utilise overtime in particular on critical areas like new comer adjudication.

“Furthermore, the Department is also finalising the recovery strategy which includes fast-tracking recruitment of additional staff, working overtime and the re-opening of the Cape Town Refugee Centre; these processes, once concluded, will assist in eradicating the backlog that was created by the closure,” said DHA.

www.samigration.com

Qatari Citizens to Enter Schengen Zone Countries Visa-Free

09 Dec 2022 | Schengenvisa

Qatari nationals are now eligible to travel to the European Union’s Schengen Zone countries without being required to apply for a visa at first.

Such a decision has been confirmed by the European Parliament, SchengenVisaInfo.com reports.

According to the Brussels Morning Newspaper, the European Parliament Committee on Civil Liberties, Justice and Home Affairs voted in favour of Qatar, while only 16 Members of the European Parliament voted against it. The new decision has been taken amid the World Cup 2022.

Majed bin Mohammed Al Ansari, Advisor to the Deputy Prime Minister and Minister of Foreign Affairs, and Spokesperson for the Ministry of Foreign Affairs stressed that the Ministry of Foreign Affairs expressed delight over the decision that the Committee on Civil Liberties, Justice and Home Affairs of the European Parliament made in order to exempt all citizens of Qatar from visa requirements when travelling to Schengen Zone countries.

Al Ansari also talked about the next steps, which, among others, include the beginning of deliberations in a commission representing the European Commission, the European Union, as well as the European Parliament in order to create a concrete plan for the Schengen visa exemption agreement between Qatar and the EU.

Abdulaziz bin Ahmed Al Malki, Ambassador of the State of Qatar to the European Union and NATO, welcomed the decision considering it a fundamental step toward the finalisation of the exemption file.

He also stressed that the vote comes as part of the efforts of Qatar’s Ministry of Foreign Affairs to care about the interest of citizens and expedite their travels to all countries worldwide.

In April 2022, the European Commission proposed the lifting of visa requirements for Qatar, stressing that these countries have already met all the needed conditions in order for this process to be completed.

“The final objective is to ensure regional coherence and ultimately achieve visa-free travel for all Gulf Cooperation Council countries. Together with our upcoming Joint Communication on the Gulf, this proposal will reinforce the overall partnership and strengthen the cooperation between the EU and the Gulf Cooperation Council,” the High Representative, Borell, stressed previously in this regard.

In addition, a press release published previously by the authority noted that the proposal follows a detailed assessment of irregular migration, as well as public policy and security and economic benefits and the Union’s relations with Qatar and Kuwait.

www.samigration.com

South Africa Visa Rejected by the Department of Home Affairs?

SA Migration | 06 Dec 2022

We understand that navigating the complex immigration system of South Africa is a daunting process and can cause your anxiety levels to jump through the roof. The process alone is frustrating and being notified that your visa application was rejected will make you panic.

There are many reasons why your visa application has been refused and 9/10 times the reason for rejections is because of a document which could have been omitted by you.

There are many visa rejection reasons why your application could have been rejected but below are some of the reasons we could think of:

• Crucial documents omitted from your application
•  A criminal record
• A medical illness
• You do not qualify for the visa you are applying for
• You have overstayed your visa in South Africa and submitted with an expired visa
• Attempting to change your status from a visitors’ visa to a temporary residence visa in South Africa
• Submitting forged documents
• Lack of evidence to convince the Department of Home Affairs to issue you the visa

These are just some of the visa rejection reasons we could think of but there are many reasons why your visa or permit could be rejected.

Every visa application is unique to every applicant submitting a visa in South Africa. Therefore all visa applications are assessed on a case-by-case basis. There is a visa appeal process for South Africa you need to follow.

Applicants planning on visiting South Africa can find out if they fall under the visa exempt countries for South Africa.

Is it possible to get visa after rejection?

In most cases yes, if you are in a position to provide a strong reason why they should overturn their decision.

Missing documents are one of the easiest appeals but some become more complex and might not lead to you not being issued the visa.

There is a specific timeframe in which you have to submit your appeal. Missing that time frame would mean that you are accepting the refusal and that you plan not to overturn their decision.

If you plan not to appeal, please ensure that you leave the country before your visa expires.

What happens after your visa gets rejected?

The Department of Home Affairs in South Africa will notify you through VFS of an outcome via their portal which you need to login in to. The notification will not reveal the outcome but will notify you to collect your outcome at the VFS centre you submitted through.

Once you get to VFS you will collect the outcome and if your application has been refused, they will then include the refusal letter stating why your visa has been denied.

At a South African embassy abroad, you will have to either call or walk in to find out if your application has been processed.

Can you appeal a rejected visa?

You will have 10 business days (which does not include weekends) to submit an appeal.

That means that you have to submit an appeal before the 10 days are over. This includes finding the necessary refusal reason evidence to overturn the Department of Home Affairs decision.

Protip: You only have 2 chances to submit an appeal, meaning that if both appeals are refused you have no grounds to appeal again and that you perhaps you would have to leave the country to avoid being illegal here which would have serious consequences.

We, therefore, advise that you satisfy the required refusal and ensure that what you are submitting is in the correct format as per Home Affairs requirements, including supporting evidence, including a letter of support to convince them to overturn it.

What to do if my visa got rejected?

There are two ways you could approach the situation in:

Do it yourself:

If you are confident enough to appeal it yourself, then by every means do so.

1. Find out the reason for the refusal by collecting outcomes at VFS
2. Obtain supporting documents to overturn the refusal
3. Assess the entire visa application for any possible errors that could lead to further refusals

Let an immigration consultant assist you:

An immigration consultant is experienced and will know what to do in the case of a refusal. They are fast to act and can advise you on what to do when you are on board with them. They have experienced different visas which have been refused.

Sometimes important documents have not been included with your application but sometimes you could have a complicated refusal which perhaps cannot be overturned. In this scenario, it’s best to assess if you should leave the country or apply for an alternative visa.

They will assess your application and can immediately rectify the situation if it’s a minor error. However if supporting evidence will take weeks or months to obtain, they can give you the best advice to follow.

Immigration consultants charge a service fee to assist you and you are paying for the experience.

Remember that you need to rebook an appointment with VFS and repay the R1550.00 to submit your appeal.

If the South African embassy abroad is not contracted to VFS then you can apply without having to book an appointment on VFS, however, you might have to book an appointment with the South African embassy.

What is the South Africa Visa Rejection Rate

Applicants who are applying for a visa on their own, stand a higher chance of refusal. Applicants are not familiar with the immigration system and each case is unique.

Applicants do not understand the different requirements and tend to interpret requirements for not what they are.

Due diligence is not applied and many applicants tend to skip 3rd party processes which are an integral part of particular work visas.

Immigration consultants or immigration lawyers on the other hand have a better understanding of the different types of visas. They have experienced thousands of submissions if not more and will have the knowledge to guide applicants to a higher chance of approval.

Countries marked as a high risk in South Africa by Home Affairs, these applicants will have a higher refusal rate as their applications are scrutinized more closely. Often, the South African embassy will include extra requirements when applying for a visa.

So the rate of refusal will be depending on the country and whether you have satisfied all the requirements. In different countries, SA embassies may change the requirements to make it stricter for applicants to apply for a visa.
Applying for a fake work visa will have dire consequences for employers and employee’s.

How long does a South African visa appeal take?

In South Africa, at the moment in 2022, Home Affairs has closed its doors for 2 years. When they renewed, the number of applications received was overwhelming and thus affected the processing times.

On average now it make more than 10 months to nearly 24 months to receive your outcome.

Remember that whilst awaiting the outcome of your appeal, do not leave the republic of South Africa with an expired visa. You will be banned from the country check with us about the consequences “What is the penalty for overstaying in South Africa on an expired visa“.

We understand it’s frustrating but one thing you could do is navigate to the Home Affairs website and find the email address for the temporary residence visa appeals section and email them to find out about updates for your visa.

Sa Migration can assist you to appeal a refusal, we can arrange a meeting to discuss your refusal, understand why you were refused and work out a custom plan to assist you.

www.samigration.com

Zimbabweans without power for 19 hours a day as Kariba dam runs dry

News24 |  06 Dec 2022

Zimbabweans are being subjected to 19 hours of power cuts a day, because there is insufficient water in the Kariba dam to drive the nation’s main hydropower plant.

The worst outages since 2019 are wreaking havoc, causing snarl-ups in Harare, the capital, where most traffic lights are no longer working, and interrupting mobile phone services because batteries used to run base stations don’t have time to recharge. Supermarkets, restaurants and some other businesses rely on generators to keep operating, but they are unable to run them perpetually for an extended period.  

"Kariba generates almost half of our power needs, which is why a reduction in its generation capacity immediately registers throughout our economy and in our lives," Zimbabwean President Emmerson Mnangagwa wrote in his weekly column in state media on Sunday.

The level of usable water in Kariba, which is the world’s largest man-made reservoir and is tapped by both Zambia and Zimbabwe, stood at 4.1% as of Nov. 28, a record low, according to the Zambezi River Authority, which manages water supply for the two southern African nations. 

Zimbabwe has used up its water allocation from Kariba this year and was drawing 200 megawatts of power from the dam’s hydropower plant on Monday, less than a fifth of the installed capacity it should be able to access, according to data on the Zimbabwe Power Company website.

"Kariba will not shut down completely," Soda Zhemu, the energy minister, said in an emailed statement. The authorities plan to increase power imports from South Africa and Mozambique, and ramp up production from its antiquated coal-fired power stations in Hwange to at least 400MW to help add capacity to the grid, he said. 

Zambia will start rolling blackouts from 15 December that will last for six hours at a stretch and only affect residential areas, Energy Minister Peter Kapala, told legislators on 2 December. 

www.samigration.com