Vetting foreign nationals tedious but necessary

SA Migration | 03 Jan 2023

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the department of home affairs (DHA) and the department of labour are again taking steps to curb the employment of illegal foreign nationals living in the country.

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

Consequently, the DHA has taken action and established an anticorruption unit comprised of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.

Companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.

The Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014 both clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa.

However, there are still companies who employ candidates without doing the necessary checks ensuring they adhere to the regulations put forth in both amended Acts.

This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment – not to mention the bill for repatriating the individual to their home country.

As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.

In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration.

For small to medium enterprises, one such exercise could possibly cripple their business and force closure. For larger corporates, the full weight of the decision would be cast on the human resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.

It could also lead to the DHA and the labour department conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

The question will always be what HR departments can do to protect their company when employing foreign nationals. It is imperative to incorporate updated vetting processes when employing foreign nationals.

Fine-combing each job applicant is a tedious, but necessary, task, which forms part of the HR duties and obligations.

Understanding permit and visa types, which categories they belong to and what the accompanying regulations say about employment on that permit or visa, is just as important. While it is a challenge to stay current with legislation, it is not impossible.

There are numerous platforms and resources available to HR departments. Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards. For large corporations, this can be a daunting hurdle to overcome.

Calling on the experience of an immigration specialist with a sound knowledge of immigration and employment laws, as well as permit and visa requirements, will provide the necessary peace of mind that employees have been vetted accordingly.

An immigration provider that is well versed on the specifications and requirements from the governmental stakeholders, will know the best course of action to eliminate any risk to the company. Failing which, make sure they offer specialist legal services, should there arise any legal dispute.

For more information, Please contact us on:

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490

Whatsapp  Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )  

Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages ) 

Tel No sales : +27 (0) 74 0366127 - ( Whatsapp calls only – No Messages )

Please email us to info@samigration.com

www.samigration.com

Client illegal for many years – Legalization not an option / Asylum New Comer how to do 

There are instances where clients jumped the borders and entered South Africa illegally which means there is no record of them entering South Africa legally which in essence means that the immigration system or movement control system .

Alternatively the client had a valid visa and is illegal say more than 1 year and they dont have a valid reason  , the legalization route or Form 23 option is very slow and with Covid19 many of the Immigration Inspectorate Offices closed and if open which means the client is stuck , if he goes home via a land border he will be banned for 5 years .

The obvious solution would be the Asylum Seeker – New Comer route but the Refugee Centres are all closed for new comers as walk-ins and all extensions for current asylum seekers are done online taking forever to get  .

We have a solution and  have found a way to overcome this problem with an asylum transit permit obtained at a land or air border where they are given 14 days to submit an application for asylum as newcomer . We can assist people to apply for asylum as a new comer online .

The section in the Act is marked below :

  Application for asylum

8. (1) An application for asylum in terms of section 21 of the Act must―

(a) be made in person by the applicant upon reporting to a Refugee Reception Office or on a date allocated to such a person upon reporting to the Refugee Reception Office;

(b) be made in a form substantially corresponding with Form 2 (DHA-1590) contained in the Annexure;

(c) be submitted together with―

(i) a valid asylum transit visa issued at a port of entry in terms of section 23 of the Immigration Act, or under permitted circumstances, a valid visa issued in terms of the Immigration Act;

(ii) proof of any form of a valid identification document: Provided that if the applicant does not have proof of a valid identification document, a declaration of identity must be made in writing before an immigration officer; and

As per 8 (1 ) a where AN Applicant must appear IN PERSON  to renew , but is now done online , the same argument can be used to lodge a new comer asylum application an dwe provide provide proof of such email application , client will be legal in SA and we can do a waiver or exemption to change to temporary residence resolving the matter of the legalization .

Section 12 (2) c) a requirement for the applicant to appear in person for each scheduled appointment; and

Section 12 ( 8) Any extension of an asylum seeker visa must be made at the Refugee Reception Office where the application was submitted.

So if you are undocumented and illegal we can assist you to be legal and renew expired asylum documents

How can we help you , please email us to info@samigration.com whatsapp message me on:

 +27 82 373 8415, where are you now? check our website : www.samigration.com

 

For more information, Please contact us on :

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490

Whatsapp  Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )  

Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages ) 

Tel No sales : +27 (0) 74 0366127 - ( Whatsapp calls only – No Messages )

Please email us to info@samigration.com

www.samigration.com

Spain Dismantles Criminal Organization That Smuggled Pakistani Immigrants From Bosnia-Herzegovina to Spain

Schengenvisainfo | 03 Jan 2023

A criminal organisation has been dismantled by the Spanish National Police, which facilitated the irregular entry of Pakistani immigrants from Bosnia-Herzegovina into Spain using the Balkan route.

Through a statement issued on December 22, the Ministry of the Interior of Spain revealed that  Pakistani immigrants were forced to pay between €12,000 and €20,000 each to this organisation, SchengenVisaInfo.com reports.

“Their journey ended in Barcelona, where the organisation found accommodation and transportation for them to A Coruña and Huesca to work irregularly as restaurant and supermarket employees,” the statement reads.

According to the Ministry, two entries and three inspections were carried out, leading to the arrest of eight people, three in A Coruña, two in Alicante, two in Barcelona, and one in Huesca. At the same time, the agents intercepted eight mobile phones, computer storage, equipment, and various documents.

The Balkan route was used by the now-dismantled criminal group to organize clandestine migration trips for Pakistani citizens. This route is known for migrants fleeing from countries like Pakistan and Iran to Turkey, as many of them reach Bosnia-Herzegovina, where they then gather at the border with Croatia, waiting to cross into Europe.

As the Ministry explains, the members of this organisation called “passadores” led the migrants on foot through the mountains that separate Bosnia and Croatia before they were transferred to Italy to end up in Barcelona. Such a trip was made with the vehicles of members of the organisation located in Spain, paying up to €20,000 for the entire trip.

Moreover, after arriving in Barcelona, ​​other members of the organisation were responsible for the accommodation and transport of these Pakistani migrants to Huesca and A Coruña, under the intention of employing them irregularly in supermarkets and restaurants. This means that the criminal group provided them not only with the trip, but also with work contracts.

Through the investigation carried out by the Spanish police, two entrances and house checks were also carried out, another one in Huesca and one in A Coruña. Three work inspections were then carried out – one in a restaurant in A Coruña, another in a restaurant in Huesca, and a third in a supermarket in the capital of Huesca.

In this regard, during the controls, several victims were found without any type of documentation that proves their legal status in Spain or a work contract.

The police have also arrested eight people who are involved in membership in the criminal organisation and favouring illegal immigration. The same has seized eight mobile devices, computer equipment, and various documentation.

www.samigration.com

 

EU & Turkish Officials to Take Further Steps to Ease Schengen Visa Procedures

Schengeninfo |  03 Jan 2023

Representatives of the European Union countries and the Foreign Ministry of Turkey have held three meetings in Ankara, in order to further ease visa process for Turkish citizens.

According to a report of Hurriyet Daily News, the meetings have been held in order to discuss the steps that should be taken regarding visa facilitation process for nationals from Turkey, SchengenVisaInfo.com reports.

In this regard, embassies have vowed to take further measures in order to solve visa problems.

“We will try to increase the number of our personnel and receive technical support from intermediary visa agencies. We will also open an emergency visa channel, especially for the business world and students,” the embassies in Ankara pointed out in this regard, according to the report.

Following the ongoing meetings held between EU Member States representatives as well as Turkey’s Ministry of Foreign Affairs the embassies have stressed that they would increase the number of personnel and also offer solutions for students as well as businesspeople.

Previously, it was reported that Turkish nationals were subject to significant problems with the duration of their Schengen visa applications during their journey to European countries. In addition, it was reported that missions have been considerably postponing the visa appointment dates, thus further making the process more difficult by requesting additional documentation.

A total of 1.2 million visa applications have been received by authorities in European countries, according to ministry officials. Still, the recent data reveals that the number decreased to 200,000 in 2020 during the pandemic, during which period a large number of EU countries closed their embassies or consulates or reduced their personnel in order to prevent an increase in the number of applications.

At the same time, it was reported that the total number of applications this year reached 3.5 million, taking into account also those who did not file an application for a visa for a period of two years and postponed their visit, education, trade and tourism purposes.

Last year, officials from EU and Turkey discussed the visa liberalization process for Turkish nationals. The announcement was confirmed by the Deputy Foreign Minister of Turkey, Faruk Kaymakcı.

The Minister back then added that the visa liberalization process would allow more than 20 million citizens from Turkey to reach European countries for tourism and also get involved in other industries in European countries, including business, and transportation industries. However, such a process has still not been finalized despite continuous attempts taking in this regard.

www.samigration.com

How much it now costs to buy a KFC, Nando's, and Chicken Licken - or some cheaper takeaway options

 Business Insider | 03 Jan 2023

• Chicken is one of South Africa's most popular takeaway items, and most leading brands also sell franchises you can buy and run.
• The big players like Nando's, Chicken Licken, and KFC charge in the millions for a new store.
• But several smaller or newer franchises offer cheaper, if lesser-known, options.
• Here's how much it costs to open a takeaway chicken restaurant franchise in South Africa.

Chicken franchises are among the most popular - and expensive - takeaway businesses to buy in South Africa. 

Much of this has to do with demand - South Africans collectively eat around 1.92 million tonnes of poultry, or up to 16 birds each, per year.

And several brands, like KFC, Nando's, and Chicken Licken, have made a good business of getting South Africans to buy even more in ready-to-eat formats.

The country's top takeaway chicken spots pull crowds with familiar branding, strong marketing campaigns, and popular recipes and preparation methods. Many of these branches are franchisee-owned and run - and even the leading brands still have some locations available to buy. 

Their streamlined systems and strong branding come at a premium to franchisees, though - and may be too rich for first-time chicken shop operators. This is why many smaller, newer franchises are looking to cash in on this chicken love affair.

Here's how much it now costs to buy a Nando's, KFC, Chicken Licken - plus a few other lesser-known but cheaper chicken franchise businesses.

Nando's

It's not easy to become a Nando's franchisee in South Africa - the first thing South Africa's leading homegrown chicken franchise says in its prospectus is that most don't make it through the application process. They don't only require a pretty hefty payment - but also want people who possess "the attributes of a business owner to successfully fulfil your role as a Nando's franchisee". They require franchisees to get involved with the business and only accept those who will be owner-operators.

As part of the turnkey business you're buying, Nando's commits to handling premises selection, interior design, site development, and project management. There's also a non-negotiable two-month training period.

Cost of buying a Nando's branch: Nando's charges a R35,000 application fee followed by a R250,000 franchise fee payable upfront. Establishing a new Nando's branch costs about R3.7 million. Franchisees also need at least R415,000 in working capital. In total, if you're deemed worthy, a new Nando's franchise will cost between R5.25 million and R7.05 million, depending on store format.

Nando's no longer stipulates fees for royalties and marketing, but these have previously been set at 12% of net monthly sales.

Alternatively, Nando's posts established franchises for sale on a dedicated website.

Chicken Licken

Chicken Licken has a long history in South Africa - its first branch opened in the Johannesburg suburb of Ridgeway in 1981. Despite this, it's a chicken fast food chain that's somewhat flown below the radar compared to the likes of Nando's, instead earning a cult status among fans. There are, however, hundreds of stores around the country, many of which are franchises.

Chicken Licken says its franchise model with "tightly controlled internal cost structures" has proven successful across the continent. They're looking for franchisees who are financially stable "with business acumen, living close to the proposed site and prepared to become fully involved in the running of the business".

Cost of buying a Chicken Licken branch: Chicken Licken charges an upfront franchise fee of R180,000. Depending on the store's size, type, and location, the total investment amount is estimated to be at least R4 million - or about R3 million more if you want to build a drive-through option. They also charge ongoing fees for advertising, marketing, and royalties, which total 12%.

KFC

KFC is the global leader in fried chicken sales, and it’s no different in South Africa. The store has a dominant position for its target market here, and as such new franchises are hard - if not impossible - to come by. If you're desperate to own a KFC store over any other chicken franchise, your best bet will likely be the purchase of an existing KFC an old franchisee may no longer want or be able to keep.

Although this may raise some concerns about the historical success of the branch, KFC says they are “constantly on the lookout for potential franchisees to purchase existing KFC businesses that may become available from time to time”. They’re looking for operators with proven track records in the industry and “the financial muscle to grow the KFC brand in your chosen geography”.

Cost of buying a KFC branch: KFC does not stipulate the cost of purchasing a new KFC franchise in South Africa, if available, nor did it respond to Business Insider’s request for information. 

Historically KFC in South Africa has given the first bite of new franchises to existing owners with good track records, and prices for these started at about R6 million.

Galito's

Galito's started as early competition to the rise of Nando's, and in many ways, follows a similar approach in recipe and marketing. The business began with a single store in Mbombela but has grown to 183 in 16 countries.

Cost of buying a Galito's franchise: Galito's charges an initial joining fee of R130,000. Store setup costs roughly R2 million, depending on size and format. Franchisors also charge a monthly fee of 9% of turnover, which goes towards marketing and management.

Bird & Co

Bird & Co is a fast-food franchise that focuses on chicken and pizza. On the chicken side, they offer items like burgers, wraps, and wings. It's a comparatively small franchise, with just 11 branches mainly focused around the Durban area. This means they are relatively competitively priced compared to some of the more prominent names in the industry.

Cost of buying a Bird & Co franchise: Bird & Co charges an R80,000 upfront fee. They estimate that opening a new branch will cost in the region of R1.75 million. They charge a 5% ongoing management fee.

Chicken Bar

Chicken Bar started in September 2019, intending to become "the new home of African grilled chicken dishes". The business is still small, with only one branch listed on their website, but costs are comparatively low, with minimal working capital required, compared to more established franchises. They offer a kiosk or container option to prospective franchisees.

Cost of buying a Chicken Bar franchise: Chicken Bar charges an upfront fee of R100,000 and estimates the total investment amount to be R981,000. They charge an ongoing fee of 8% for marketing, advertising, and management.

Chicken Xpress

Chicken Xpress started as a single store in 2011 and expanded using a franchise model. They now have more than 20 stores, with several located in Botswana and Uganda. They sell fried chicken in burger, pieces, and wings formats at competitive prices.

Cost of buying a Chicken Xpress franchise: Chicken Xpress charges an upfront fee of R125,000, and estimates the total investment amount to be R1.54 million. They charge 6.5% fees allocated towards advertising, marketing, and management.

Honchos

Honchos is a chicken franchise started in Pietermaritzburg in 2005. They focus more on the flame-grilled side of the industry and offer items like burgers and shawarmas. They now have 98 stores, including some in Botswana, eSwatini, and Lesotho. They have two store formats available for purchase which differ in size and cost.

Cost of buying a Honchos franchise: Honchos charges an upfront fee of R150,000 and estimate the total investment amount to be between R1.8 million and R2 million. They recommend a working capital of R150,000 and charge 7% ongoing fees for management and marketing.

Pedros

Pedros is a flame-grilled chicken business that has tried hard to take on Nando's in both recipe and advertising. They've grown rapidly in recent years and now have over 100 stores. They offer both standalone and drive-through options. These cost less than many of their big-name competitors but more than many of the smaller operators in this sector.

Cost of buying a Pedros franchise: Pedros charges a R125,000 joining fee. They estimate a standard store will cost between R1.7 million and R2.8 million, while drive-throughs will likely cost between R2.5 million and R3.5 million. They charge an ongoing fee of 7%, which goes towards royalties and marketing.

www.samigration.com