It is not uncommon for a rental property owner or landlord to decide to put the property up for sale. The question then arises as to what happens to the tenant. While it is usually advisable that landlords or property owners wait until the end of the lease before they sell the property, that is not always possible.
According to rental agents from the Seeff Property Group, tenants should be aware of their rights in such a case. There are certain legal rights, but the rental agreement should also make provisions for this as a safeguard.
The first aspect is that the property owner is always free to sell at any time, but the lease agreement will remain valid and in full force until its expiry date. The property owner cannot cancel the lease because of the sale. Only a breach on the part of the tenant can result in legal action and cancellation.
The tenant’s right is guided by the legal principle of ‘huur gaat voor koop’. This is a Roman-Dutch legal principle which translates to the ‘lease trumps a later sale’. The tenant is therefore entitled to remain in the property until the lease expires.
The tenant could, however, in terms of the Consumer Protection Act, cancel the lease by giving 21 days written notice and following the cancellation procedure, which will include payment of a cancellation penalty as prescribed in the rental agreement, or as may be reasonable.
The lease agreement may, in any event, include a provision to allow the tenant the opportunity to cancel the lease on certain conditions, usually the payment of a reasonable penalty. If there is no such agreement or cancellation, then the lease simply transfers to the new owner and continues.
Once the property owner decides to put the property up for sale a number of activities will likely need to take place. The owner should discuss the sale with the tenant before the time. There should also be a clause in the rental agreement which sets out what happens when the property goes up for sale.
This should include access to the property for viewings and possibly also for photography and an inspection by the listing agent. The lease agreement will usually state that the tenant should be amenable and provide reasonable access, but this should be arranged for a convenient time and with minimal disruption to the tenant.
There may also be a need to put up agency boards such as ‘for sale’ and ‘sold’ signboards at the premises, as well as those which would be displayed during viewings.
Show days will require the tenant to be out of the property and these should preferably also be provided for in the lease agreement. The property owner or landlord should ensure they make appropriate arrangements with the tenant.
If no new lease agreement is entered into with the new owner, the tenant will simply vacate the property. Prior to moving out, an outgoing inspection should be done to verify the condition of the property. The rental deposit must be refunded to the tenant, net of any deduction for damages agreed to.

www.samigration.com

This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from the European Union, Ireland, Lithuania and New Zealand. European Union: Croatia becomes latest Schengen country. The European Council has decided to extend the Schengen Area to Croatia, but not yet to Bulgaria or Romania. From 1 January 2023, checks on persons at internal land and sea borders between Croatia and the other countries in the Schengen area will be lifted. Checks at internal air borders will be lifted from 26 March 2023, given the need for this to coincide with the dates of IATA summer/winter time schedule. From 1 January 2023, Croatia will also start to issue Schengen visas and will be able to make full use of the Schengen Information System
Since its accession to the EU, Croatia has applied parts of the Schengen acquis, including those related to the external border controls, police cooperation and the use of the Schengen Information System.
Ireland: Single application procedure for employment permits and immigration permissions
The Irish government has agreed in principle to develop a single application procedure for employment permits and immigration permissions. An interdepartmental working group will be established to develop an implementation plan and associate timeframes.
Currently to work in Ireland, a person from outside the European Economic Area has to first make an application to the Department of Enterprise, Trade and Employment for a work permit, and then make a second application to the Department of Justice for an immigration permission.
Eight weeks is the average processing time cited by the Department of Justice for employment and study visas. The processing time can vary across the visa office and embassy network depending on local circumstances.
All Employment Permit applications are currently being processed in between 3 and 5 business days by the Department of Enterprise, Trade and Employment.
Lithuania: Temporary residence permits to be issued in 34 countries from 2023
From 2 January 2023, foreign nationals can apply for temporary residence permits in 34 different countries via VFS Global offices. Previously, applications for a temporary residence permit could only be submitted by booking an appointment at the Migration Department after the applicant had legally arrived in Lithuania.
Citizens of all foreign countries can apply to VFS Global offices, regardless of whether they reside in the country where such services are provided.
Countries where VFS Global will have offices include Albania, Argentina, Armenia, Australia, Azerbaijan, Brazil, Canada, Georgia, India, Israel, Japan, Jordan, Kazakhstan, Kyrgyzstan, Libya, Malaysia, Moldova, Nepal, New Zealand, Philippines, Singapore, Republic of South Africa, South Korea, Sri Lanka, Taiwan, Tajikistan, Thailand, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States of America, Uzbekistan, Venezuela.
VFS Global is authorized to provide customers with information on the procedure for issuing temporary residence permits, accept applications and mandatory documents, collect personal and biometric data, and transfer them to the Migration Department. In all cases, decisions on the issuance or non-issuance of a temporary residence permit will be made by the Migration Department in 1 to 3 months.
VFS Global will also be obliged to collect Lithuanian state fees for the services. Acceptance, examination, decision-making and document issuance of an application for a temporary residence permit are generally charged at 120 euros.
After the Migration Department makes a decision to issue a temporary residence permit in Lithuania, the produced card will be sent to the applicant, who will be able to enter Lithuania with a valid residence permit and will not need to obtain an additional visa. If a foreign national has a visa that entitles them to enter Lithuania, or uses the visa-free regime, they will be able to pick up an already-issued temporary residence permit card in Lithuania.
In addition, from 2 January 2023, amendments to the Law “On the Legal Status of Foreigners” enter into force, according to which the deadlines for examining applications for temporary residence permits are shortened by 1 month.
New Zealand: Range of visa updates announced
Several changes to New Zealand’s immigration rules were announced in December 2022.
Straight to Residence Green List pathway
From 15 December 2022, registered nurses and midwives will move from the Work to Residence to the Straight to Residence Green List pathway. All medical doctors will also be included on the Straight to Residence pathway. From March 2023, auditors will also be added to the Straight to Residence Green List pathway.
Work to Residence Green List pathway
It was also announced that the following professions will be added to the Work to Residence Green List pathway from March 2023:
• Civil construction supervisors
• Gasfitters
• Drainlayers
• Skilled crane operators
• Skilled civil machine operators
• Halal slaughterers
• Skilled motor mechanics
• Skilled telecommunications technicians
• All secondary school teachers (in addition to the specialisations already on the Green List)
• Primary school teachers
The Green List will next be reviewed in mid-2023
Open Work Visa for people unable to use Post Study Visas in 2020`2021
People who held a Post Study Work Visa but were unable to use it due to the border closing in March 2020 will be eligible for a 12-month Open Work Visa if they’re not already in New Zealand on another visa.
Pathway for Critical Purpose Visitor Visa holders staying in same role
The government is introducing a streamlined Specific Purpose Work Visa that long-term critical workers can apply for to allow them to continue to work in their current role for up to three years.
The process will be streamlined, so the only employment-related information an applicant needs to provide is a letter from their employer confirming that they remain employed in the same role and on the same (or better) conditions as those that were approved in the Critical Purpose Visitor Visa application.
Accredited Employer Work Visa (AEWV) employer accreditation extension
Employer accreditations under the Accredited Employer Work Visa will automatically be extended by 12 months if their first accreditation is applied for by 4 July 2023.
This one-off extension will provide employers with certainty as we head into 2023 that they will continue to have access to skilled labour without the additional cost and administrative burden of reapplying for accreditation.
Expansion of the accreditation system to cover all migrants, including those with open work rights will be deferred until 2024. The delay will allow Government to progress other priorities like the review of the Skilled Migrant Category and family and partnership immigration settings.
Sector Agreement for bus and truck drivers
Bus and truck drivers will have a time limited residence pathway through a sector agreement. Officials will consult with transport sector representatives in the development of the agreement.

www.samigration.com

How to apply for a Department of Labour Certificate for Work Visa

Department of Labour | 05 Jan 2023

In 2014, the Department of Home Affairs decided to update the immigration regulations and made major changes which affected many foreign nationals.

One of the changes was how to apply for a general work visa. Previously candidates or employers had to place an advert in a local newspaper, obtain their SAQA certificate and lastly apply for a salary benchmarking certificate.

So after the immigration regulations, employers had to obtain a certificate from the Department of Labour before they could apply for a General Work Visa.

If you need information on how to apply for a general work Visa in South Africa, then our blog post has all the information you need.

Are you probably wondering what is a labour certificate in South Africa?

You cannot apply for a general work visa if you are on a tourist visa for South Africa.

So let’s dive in and find out how things have changed in 2022 &will continue in 2023.

What is a Department of Labour Certificate in South Africa

• What is a Department of Labour Certificate in South Africa
• So which visas does this apply to?
• How to get a labour certificate – the new process
• So what are the steps your employer needs to take:
• So how does this affect the Department of Labour Certificate Waiver?

 The certificate is a way to prove to the Department of Home Affairs that your employer has exhausted all avenues in first finding a suitable South African citizen or permanent resident.

The Department of Home wants to confirm the following requirements have been met and are in order:

• The employer has exhausted all avenues in first finding a suitable South African citizen or permanent resident before awarding you the job offer.
• You have the necessary experience and qualifications for the position advertised.
• The salary and benefits offered to you by the employer are not inferior to the average salary and benefits of SA citizens in a similar role.
• Your contract of employment must stipulate your employment conditions which are signed both by you and your employer and are in line with the labour standards of SA. Your contract should be conditional upon your visa being approved.

So which visas does this apply to?

1. General Work Visa
2. Corporate Visas
3. Renewing your existing general work visa
4. Changing from a temporary residence visa to a general work visa

How to get a labour certificate – the new process

 Previously your application was submitted directly through VFS, however since the new process employers now first need to obtain what’s called a Visa Final Notification.

It is noted that the foreign applicant cannot complete this process and that your employer should complete this process.

So what are the steps your employer needs to take:

• The employer must complete a DEL (Department of Employment & Labour) registration form.

• Once registration has been accepted, the Department of Employment & Labour will then provide the employer with suitable South African citizen or permanent resident candidates. The employer has to notify DEL whether they have employed any of the candidates sent to them.

• If none of the candidates is suitable for the position, then the employer needs to complete a visa application form with supporting documents and submit the application to a DEL provincial office. Contact details and the employer’s business address must be submitted for future audits.

• Once the application has been processed by DEL, then the visa finalisation notification will be sent to the employer. If the recommendation is positive then the applicant may go ahead and apply for the general work visa. A negative recommendation may be appealed directly to the Department of Home Affairs.

So now an applicant may not apply through VFS or a South African embassy without the visa finalization notice.

This letter must accompany your application for a general work visa. There are new visa application forms which must be used and DEL will now vet your application as well.

The Department of Employment and Labour has given a processing time of 30 days for an application.

So how does this affect the Department of Labour Certificate Waiver?

 The Department of Home has not communicated anything about the waiver process and the Department of Employment & Labour.

For those who are not familiar, a waiver is a written request to the Department of Home Affairs asking for permission to waive certain requirements from a specific visa.

In this case, it would be to waive the Department of Labour process.

VFS at this point is still accepting waivers for the General work visa.

The waiver letter for immigration in South Africa can give you some more tips about the waiver letter.

At this point, the processing of waivers by the Department of Home Affairs is taking anything between 5 – 10 months.

www.samigration.com

Zimbabwe Exemption Permit: Six months before expiry, Zimbabweans in SA have mixed feelings

News24 – 05 Jan 2023

• Zimbabwe Exemption Permit holders are left with six months before the extension expiry.
• With a low uptake of other visa facilities, some Zimbabweans are looking for jobs abroad as caregivers and elementary school teachers.
• On average, more than 12 000 people are entering Zimbabwe through Beitbridge daily during the festive season.

With just six months before the time is up for those in South Africa living under the Zimbabwe Exemption Permit (ZEP), there are mixed feelings among Zimbabweans, with some wishing for a further extension, while others contemplate going abroad.

The government announced that it would terminate the ZEP on 30 June 2023, a decision that will affect about 180 000 Zimbabweans residing in South Africa.

As early as October, the Zimbabwean government announced that it was prepared for its nationals who were coming home to start a new life and would assist them with transport and other logistics.

While there has been no sign of it backing its words with action, there has been an influx of travellers from South Africa into Zimbabwe.

Between 5-10 December, 62 770 people entered Zimbabwe through the Beitbridge border.

The head of immigration at the border, Cannie Magaya, said although they had no figures yet, on the days leading up to Christmas, there had been an increase in traffic.

She said it could stay like that until early January when people start returning to South Africa.

Brian Moyo, a Zimbabwean working as a teacher in SA, didn't apply for the special skills visa because he felt it was a waste of time.

While he is going back home in early January, he has set his sights on jobs in China.

He said:

I teach English and that's not a special skill. I stood a chance as a science or mathematics teacher, as such, applying for other visas was a waste of time for me.

Moyo, before migrating to South Africa, taught at some private schools back home.

He feels his experience there could help him in China.

"There is a demand for teachers in early education in China, and English language is one of the subjects with vacancies. So I am applying for those jobs, and one advantage I have is understanding children's psychomotor skills and capacity to learn," he said.

An online search by News24 discovered that salaries for teaching jobs in China range from R70 000 to R120 000, depending on the type of school and level of experience.

In comparison to teaching jobs in southern Africa, Chinese teaching jobs pay way better.

 

Another opportunity will come into effect in March when the United Kingdom opens up for teachers from South Africa, Ghana, Zimbabwe and Nigeria.

But Moyo said he had not considered that option yet, since it was yet to be offered.

Working in South Africa has also become very difficult for those spending their money in Zimbabwe because of the rand's volatility against the US dollar, the preferred currency of trade.

During the festive season, R100 is the equivalent of $5.80, but most shops or businesses only value it at $5.

"It's robbery," said Steven Tshuma, another Zimbabwean based in South Africa.

He added: "They don't respect this (rand) currency. One is better off coming from Europe or elsewhere."

'I hope my boss comes up with a plan'

With the impending ZEP expiry, he is setting his eyes on the UK, Canada or Australia.

"I am starting a nurse aid course with the Red Cross (in SA) early next year. When done, I will apply for jobs abroad. Many have done it. It works," he said.

Tshuma works at a restaurant and has come face to face with members of Operation Dudula – a vigilante group that intimidates migrants.

He is worried that, a few months before permits expire, xenophobic attacks could resurface, and that by then they would be extreme, because they would be targeting people who had been outlawed by the government but chose to stay on illegally.

He said:

What excuse would I have to be in SA? They could burn us alive, because first and foremost we would be illegal immigrants and going to report criminal conduct at a police station would be getting yourself arrested.

By the end of October, fewer than 10% of ZEP holders had applied for the available mainstream visas.

An estimated 180 000 ZEP holders will be affected by the 30 June 2023 deadline set by the government.

Shiela Ncube, a domestic worker in Johannesburg, has no plans of leaving the country.

She hopes her boss will find a way around the system to keep her in SA.

www,samigration.com

Canada Bans Nigerians, Other Foreigners From Buying Homes

Ladunliadi News | 05 January 2023

A ban on foreigners buying residential property in Canada took effect on Sunday, aiming to make more homes available to locals facing a housing crunch. Several exceptions in the act allow individuals such as refugees and permanent residents who are not citizens to buy homes.

In late December, Ottawa also clarified that the ban would apply only to city dwellings and not to recreational properties such as summer cottages.

The temporary two-year measure was proposed by Prime Minister Justin Trudeau during the 2021 election campaign when soaring prices put home ownership beyond the reach of many Canadians.

“The desirability of Canadian homes is attracting profiteers, wealthy corporations, and foreign investors,” his Liberal Party said in its election plank at the time.

“This is leading to a real problem of underused and vacant housing, rampant speculation, and skyrocketing prices. Homes are for people, not investors.”

Following their 2021 election victory, the Liberals quietly introduced the Prohibition on the Purchase of Residential Property by Non-Canadians Act.

Major markets such as Vancouver and Toronto have also introduced taxes on non-residents and empty homes.

Despite a recent heyday, the country’s real estate market has cooled for sellers as mortgage rates followed the Bank of Canada’s aggressive monetary policy in a bid to rein in inflation.

According to the Canadian Real Estate Association, average home prices have fallen from a peak of more than Can$800,000 (US$590,000) at the start of 2022 to just over Can$630,000 (US$465,000) last month.

Many experts have also said the ban on foreign buyers — who accounted for less than five percent of home ownership in Canada, according to the national statistical agency — would not have the desired effect of making homes more affordable.

Rather they point to a need for more housing construction to meet demand.

www.samigration.com