SA's new visa system in a nutshell

SA's new visa system in a nutshell

Fin24 – 08 September 2022

On 8 June 2022, the Minister of Home Affairs announced a complete overhaul of South Africa's immigration system.

The first area of change is long-term visa applications by foreign nationals wishing to stay for over three months in South Africa. However, these changes have already caused a backlog in processing visa applications.

Visa submissions by this group previously went through Visa and Permit Facilitation Centres (VFS Centres) or through South African Missions. Then, one of the two centres would process applications and send the outcomes directly to the foreign national.

What's new? 

Going forward, these visa applications will be processed through a centralised adjudication system to achieve consistency and uniformity in the visa adjudication process.

In essence, a foreign national will still apply through the VFS Centre or South African Mission, but these two institutions will scan and email the application to the Department of Home Affairs (DHA) office, headquartered in Pretoria.

The process

The DHA's adjudicating team will receive the application and verify the documents. A recommendation will then be drawn up, and the application, along with the recommendation will be sent by the DHA to the Director for quality assurance.

The Director must confirm that compliance has been met, they make a further recommendation as to whether to approve or reject the application. The Chief Director or the Director General receives the recommendation and makes the final decision to approve or reject the application.

After this decision is made, the application is sent back to the adjudicating team to capture the decision and upload what is known as the manual route cover, which includes the decision, onto the system.

The outcome is then printed and routed back to the Director General to sign off.

The final document is captured on the Movement Control System (MCS) which is the system that facilitates the entry and exit into a country by a foreign national. It is a digital system that records entries and exits and is also used to view a person's complete travel history, records, and corresponding documents.

The outcome is finally dispatched to the original High Commission or VFS Centre.

How long does all this take?

The DHA cannot confirm how long processing times will take in the new system; however, given challenges such as staff shortages and rotational work arrangements, frequent system failures, communication issues, and existing backlogs, an initial delay in processing times may result from the change.

On 27 June 2022, the DHA introduced temporary measures to address the impact that the increased backlog in processing visa applications has on foreign nationals. 

The measures provide a blanket temporary extension of foreign nationals' current visa status until 30 September 2022 for those awaiting visa application outcomes. 

Foreign nationals who wish to abandon the process and leave the country instead may also do so until 30 September 2022.

Following the Minister's announcement on 8 June 2022 in respect of the immigration system, it is likely that further official changes will be revealed in the coming weeks. 

www.samigration.com

 

 


Home Affairs official convicted for selling fraudulent work permits

Home Affairs official convicted for selling fraudulent work permits


SundayWorld – 07 September 2022

The Nelspruit Specialised Commercial Crimes Court on Wednesday sentenced a former immigration officer at Home Affairs to four years in jail for corruption.

National Prosecuting Authority regional spokesperson Monica Nyuswa said the accused, Robert Reginald Booth, 53, was in cahoots with 35-year-old Barry Victor Welgemoed, who is an ordinary member of the public.

Nyuswa said the pair was caught red-handed on CCTV footage selling fraudulent work permits to 11 foreign nationals at R5 500 each. According to Nyuswa, the crime was committed on March 16 2022 at Kingston Valley Farm near Karino in Nelspruit.

The duo was concomitantly arrested following a sting operation conducted by the Hawks.

“One of the employees reported the matter to the Hawks, and a sting operation was arranged. Both accused were caught red-handed and their activities were recorded on CCTV and voice-recording,” said Nyuswa.

She said the convicts pleaded guilty and were sentenced to eight years behind bars, half of which was suspended for five years on condition that they are not convicted of a similar offence during the period of suspension.

Nyuswa explained: “In court, the pair pleaded guilty to a charge of corruption. Senior state advocate Henry Nxumalo addressed the court about the seriousness of the corruption offence, and that there is a huge outcry in society that the courts must address corruption by imposing appropriate sentences. He further told the court that corruption is a threat to the democratic order.

“Corruption is one of the key priorities for the National Prosecuting Authority, and we applaud all the partners involved in ensuring that justice is served without fear or favour.”

In July, Home Affairs dismissed two officials for selling fraudulent South African identity documents to foreign nationals.

Home Affairs spokesperson Siya Qoza said at the time that Phathisani Outshiki from the Benoni office and David Motsamai from Germiston were dismissed after they were found guilty of gross misconduct for illegal processing of documents.

According to Qoza, Outshiki processed 98 passports and 13 IDs at a fee of R1 000 per application while Motsamai processed 13 passport applications ranging from R2 500 to R5 000 per application.

“Fortunately, all the fraudulently processed IDs and passports were flagged as fraudulent and were removed from Home Affairs records thus rendering them useless and unusable by the people who acquired them. None of these documents were ever used,” Qoza said.

Meanwhile, an information technology specialist, Simphiwe Hlophe, was on Friday dismissed for negligence.

www.samigration.com

 

 

FACT CHECK | No, MEC Ramathuba, poor management is killing Limpopo hospitals - not immigrants

FACT CHECK | No, MEC Ramathuba, poor management is killing Limpopo hospitals - not immigrants

 News 24 – 07 September 2022

 

Limpopo Health MEC Phophi Ramathuba has sparked a storm of controversy after the emergence of a video showing her telling a woman that migrants from Zimbabwe were a "huge strain" on the provincial healthcare system.

  • Data from the Limpopo health department shows it is not foreign nationals who are "killing" the health system, contrary to Health MEC Phophi Ramathuba's comments. 
  • Poor management and lack of internal controls - and not foreign nationals - are to blame for the limited resources. 
  • Annual reports, analyses by the Office of the Auditor-General and statistics show that Ramathuba's comments towards the patient were incorrect and misguided.

Mounting medico-legal claims, lack of consequence management, irregular expenditure and shocking vacancy rates is what is "killing" hospitals and healthcare in Limpopo, official statistics and audit reports show. 

This in contrast to Limpopo Health MEC Phophi Ramathuba's verbal assault of a Zimbabwean patient in a local hospital in which she assailed a woman, claiming an influx of undocumented foreigners are "killing" hospitals.

"You are killing my health systems," she tells the patient, as her colleagues cackle in the background, a video showed.

According to Ramathuba, out of 5.7 million people in Limpopo, 91% depend on the state for medical services which, according to her, was instead eaten by foreign nationals. "You are even illegal [and] you are abusing me. It's unfair," she tells the patient.

"So, sisi, you won't be discharged until you settle your bill," is her final parting shot. 

According to annual reports, analyses by the Office of the Auditor-General, and numbers and statistics in the public domain, however, there were no indications of any significant adverse impact of foreign nationals on the healthcare system in the province, but enough evidence of poor management and weak financial controls contributing to a system in distress. 

The reports show:

  • Since Ramathuba took up her position in 2015, medico-legal claims against the department have increased to billions, posing a serious threat to the province.
  • Staff vacancies for critical posts, like specialists and nursing, have also increased, yet more than half of the department's budget is spent on compensating employees.
  • While irregular expenditure is on a downward trend, a lack of consequence management appears rife, opening the door for continued deflection of resources.
  • The money is there - billions allocated to the department every year - yet consistent underspending per programme and a deviation of money from critical resources means there is little impact in clinics and hospitals. 

Had Ramathuba taken a closer look at her own data, she would have observed it is not foreign nationals who are "killing [her] healthcare system", but her own management. 

Enormous medico-legal claims - not foreign nationals - could potentially put the department, and the province, at risk if not checked, and although contingent, could land the province under administration, Risham Maharaj an MPL and DA Limpopo spokesperson for health said.

The data shows an increase of billions from 2016 to 2021 relating to medico-legal claims against the department.

Many of these cases are related to cerebral palsy at birth and, according to Professor Alex van den Heever, chair of social security systems administration and management studies at the University of the Witwatersrand's School of Governance, the ratio of maternal deaths in facility per 100 000 was a good indication of the state of health services. 

According to the 2020/21 annual report, R9 billion in cerebral palsy claims made up part of the R12 billion claims against the department.

"That is quite large, and it is liability to watch, and it might be, although unconfirmed, suggestive of negligent practices within the province. It does correlate with maternal mortality ratios as cerebral palsy happens in delivery," Van den Heever said.  

He added the international metric for maternal mortality ratios should be between 30 and 40 per 100 000.

Limpopo's figures were not terrible - showing an improvement before Covid-19 - the province's health services "are not a catastrophe". 

Van den Heever said there was uncertainty about what was really fuelling the medico-legal claims.

While these claims have been increasing as a contingent liability (and was dependent on the outcome of the claims), the number of claims paid was low, according to him, especially compared to other provinces.

The extent to which medico-legal cases are hurting the department is unclear, since settlement amounts paid to claimants are not reflected in annual expenditures yet. 

And Maharaj said no clarity had been forthcoming regarding these claims. 

"The response we get continually is that they have an action plan and are working towards this. We stand at a risk, because of medical negligence claims, where the province could be placed under administration … we cannot afford to pay it." 

While Ramathuba told the Zimbabwean patient 91% of Limpopo's population relied on state healthcare, massive vacancy rates placed uncertainty on whether the department could adequately service the population.

Since 2016, a year after Ramathuba's tenure, staff vacancy rates have been increasing, with more than half of all posts going unfilled by 2021.

Critical occupations like specialist positions, professional nurses, allied health professionals (like dental hygienists, dietitians and occupational therapists) have continuously remained half-staffed. 

Yet, according to Maharaj, the department had spent 70% of its resources on compensating employees, despite this staff shortage. This leaves little resources for services.   

Data shows since 2016, the department has been operating at half its capacity, leading Maharaj to conclude "the MEC's statements are irrelevant, uncalled for and incorrect". 

"The fact is that the department is spending 70% of its budget on the cost of employees - salaries and wages - and yet the vacancy rate is extremely high. This is because staff that are appointed are employed at the highest salary brackets. 

"This is eating into the budget. When the MEC says that foreign nationals are eating into the budget, she does not take [this] into account," Maharaj said. 

According to Van den Heever, while the staff profile was unusual, it indicated the department had not adjusted its organisational structure to be in line with its budget.

"It does not imply that they actually have a 50% vacancy rate, it means they do not have proper organisational structural - it is not clear, and they are not using the vacancy rate as part of the strategic management of the system.

"[This is because] having organisational structures that are double what you can afford is problematic," he said. 

While a chunk of Limpopo's budget is spent on employees, resources suffer further when internal controls over finance are lacking.

The department's annual reports reflect weak consequence management for accounting failures, with continuous recommendations from the province's standing committee on public accounts (Scopa) to discipline the accounting officer and chief financial officer for material misstatements and anomalies in the finances as per the Public Finance Management Act (PFMA) and failing to develop and implement an adequate system of internal controls.

Only "corrective action" had been taken although not specified. Despite this, irregular expenditure and fruitless and wasteful expenditure has decreased since 2016. 

"There is very little consequence management," Maharaj said. 

"In my opinion, this relates more to malicious compliance in the department - a rap on the knuckles irrespective of the transgressions that have occurred." 

Without consequence management, the department will continue to rack up irregular and wasteful expenditure - critical resources wasted, however, not at the hands of foreign nationals. 

The data is a reality check for the MEC and an indication her statement to the Zimbabwean patient is misguided.  

Maharaj said:

We have a health system that is failing in the province. We have a huge vacancy rate, equipment that is malfunctioning and poor infrastructure, so for the MEC to make these statements is not factual.

It was not the MEC's place to berate a patient, Van den Heever said, regardless of the issue. 

"It is not that patient's fault, it had nothing to do with her. The MEC is out of her lane - a doctor or nurse can talk to the patient, but not her," he added.  

"It is not up to her to judge that patient, embarrass her and sit in a position of power and lord it over her. It is completely appalling. To feed into the xenophobic narrative is deeply problematic and prejudicial." 

Van den Heever said the issue of migrants using South Africa's public health services and cross-border compensation had been discussed since the country's transition, but not having taken any action on it by 2022 was not the fault of the patient - it was the government's fault for not creating a solution. 

"The fact that government don't even collect [patient] data shows that they have no interest in solving this problem. If you don't get down to doing your own job, don't go shout at a patient." 

Governments have the money and ability to change things, individual patients did not, he added. 

www.samigration.com

 

 


More than one million UK visas issued in a year as migration hits new high

More than one million UK visas issued in a year as migration hits new high

telegraph.co.uk – 07 September 2022

Home Office data show number of visas handed to workers, students, family relatives and others rose by 83pc in a year

View pictures in App save up to 80% data. Migrants walk ashore in Dungeness, Kent, on Thursday after being intercepted by a lifeboat in the Channel

Migration has hit a new high as more than one million foreign nationals have been allowed to live in the UK in a year for the first time.

Home Office data showed that the number of visas handed to workers, students, family relatives and other foreign nationals rose by 83 per cent in a year to 1.12 million, the highest on record, and up 70 per cent on pre-Brexit, pre-pandemic levels.

It comes on top of a surge in illegal migrants crossing the Channel which have doubled to 24,000 in a year and a near 80 per cent rise in asylum applications since 2019 to 63,100, its highest level for two decades. The cost of Britain’s asylum system has surged past £2 billion for the first time.

Senior Tories warned that the next prime minister needed to rein in both legal and illegal migration to make good on the Government’s manifesto pledge to take control of Britain’s borders.

Sir John Hayes, a former Home Office minister and chair of the Common Sense group of MPs, said increased migration was putting pressure on housing and public services, being used as a way of avoiding boosting the skills of UK workers and making it harder for UK students to get into university.

“We promised at the last election to take back control of our borders. That includes dealing with illegal migration which is festering sore that never seems to heal but also stemming the tide of legal migrants entering the country,” said Sir John.

‘Absence of immigration control’

Alp Mehmet, the chairman of think tank Migration Watch UK, said it showed an “absence of immigration control.”

“A record 1.1 million visas to come and live in the UK makes it ever clearer the government had no intention of delivering on their promise to control and reduce immigration,” he said.

The figures show that while EU migration has collapsed with the end of freedom of movement, it has been counterbalanced by a sharp rise in work and study visas for non-EU nationals and their families.

It has also been fuelled by a dramatic increase in “other visas” driven by world events including the arrival of Ukrainians, Hong Kongers and relatives of EU citizens living in the UK. Their numbers have more than doubled from 95,264 to 250,258 in a year.

Spending on asylum has jumped by £756 million or 56 per cent to £2.1 billion in a year as officials have warned they “can’t keep up” with the soaring number of asylum claims, partly fuelled by illegal small boat crossings of the Channel.

Officials revealed a 100-fold increase in Albanians in a year had helped boost the number Channel migrants, accounting for 6,000 of the 24,000 this year.

Immigration minister Kevin Foster, said: “The government has delivered on its promise to the British people to take back control of our immigration system and bring the brightest and best skilled workers to grow our economy.     

“Unemployment is at record lows and it’s vital we continue to bring in excellent key workers the UK needs including thousands of NHS doctors and nurses through the Health and Care visa.    

"We have also helped over 330,000 people through our generous Safe and Legal routes including those fleeing Putin’s war in Ukraine, refugees from Afghanistan and our BN(O) Hong Kong route.

www.samigration.com

 

 


Skills nightmare for businesses in South Africa

Skills nightmare for businesses in South Africa

Businesstech – 07 September  2022

The apparent collapse of Home Affairs’ ability to manage existing applications for skilled visas affects all businesses that need foreign skills as part of their workforce, says Busi Mavuso, the chief executive officer of Business Leadership South Africa (BLSA).

This has led to there being little choice but for international firms to either delay investment into the country or consider relocating elsewhere in Africa, she said.

This follows a French group of businesses that collectively employs 65,000 South Africans not being able to process visas for higher-ups that are essential for a business to continue in the county.

Writing in her weekly letter, Mavuso said that the business community in South Africa received a letter from the French businesses setting out the massive problems they are having in securing working visas for key personnel, including:

  • Engineers;
  • Business controllers, and;
  • Experts for specialised equipment.

They described the situation as a “nightmare”.

Currently, many of the firms’ existing senior managers have not been able to get work permits despite submitting all required documentation, said Mavusom adding that the problem seems to have arisen since the centralisation of all visa application processing by Home Affairs in Pretoria.

“I am told there are backlogs of thousands, and only a handful of staff are processing these. It is difficult to understand what the underlying problem is – management failures, xenophobia, or some kind of political dysfunction. Either way, it is having catastrophic effects on the ability of businesses to deal with the skills crisis that is holding back investment and growth.”

Mavuso said that business has partnered with the government to tackle deep economic issues by attracting, supplying and mobilising scarce skills such as engineers and project managers.

However, she pointed out that the same government that wants these key skills makes it more difficult to attain them – through its own dysfunction.

Home Affairs is also apparently unable to prioritise different applications, with everyone from junior engineers to CEOs stuck in the same backlog, said Mavuso.

“To be clear, we will persist in finding ways to support…government more broadly, but it would be much easier if our bureaucratic and regulatory functions – like processing visas – were working the way they are meant to. This isn’t even a call for policy change – this is the implementation of existing policy. ”

“The Operation Vulindlela programme of the Presidency and National Treasury has made good progress on several fronts, including getting a scarce skills list finalised and pushing forward with eVisas for tourists. But the apparent collapse of Home Affairs’ ability to manage existing applications for skilled visas affects all businesses that need foreign skills as part of their workforces.”

This includes the urgent need to bring in foreign skills to fix our energy system and build new capacity, added Mavuso.

“It should be obvious that these are the kind of skills that create jobs in South Africa, not take them,” said Mavuso. “The 65,000 workers that the group of French companies employ are at risk if those companies cannot bring in the skills they need.”

“Eventually, they will be forced to curtail operations and reduce investment, and jobs will be lost. The point is also obvious when it comes to the electricity crisis – every day that we are blighted with load shedding is another blow to the economy and its ability to employ people.”

Mavuso said that bringing in electrical engineers and other specialists, many to replace the experienced and skilled engineers who were hounded out of the country during state capture, is critical to resolving the energy crisis.

www.samigration.com