No one goes into the legal profession thinking it is going to be easy. Long working hours are fairly standard, work is often completed to tight external deadlines, and 24/7 availability to clients is widely understood to be a norm, particularly in commercial and international practice.

But too often, the demands of law can create an unhealthy workplace environment. In 2021, the stress of high workloads, low job control, and risks of secondary trauma led SafeWork NSW to categorise legal work as “high risk” for fatigue hazards – putting it alongside night shift work, emergency services, and fly-in, fly-out roles.

To investigate this problem, we surveyed about 1,900 lawyers across Victoria, New South Wales and Western Australia in March and April last year.

We asked them about their workplace culture and its impact on wellbeing, about their levels of psychological distress, and whether they had experienced disrespectful behaviours at work.

We also asked whether they intended to leave either their employer or the legal profession in the near future.

Their answers allowed us to identify the type of workplace culture that is harmful to lawyers’ wellbeing. Here’s why fixing this problem matters to us all.

Unhealthy environments

Among the professionals we surveyed, about half found themselves in a workplace culture with negative effects on wellbeing.

A third of this group said their workplaces were characterised by poor working relationships, self-interest and pressure to cut corners or bend rules.

Alarming numbers of lawyers currently want to leave their current employer or quit the profession entirely.

These poorer workplace cultures involved higher levels of psychological distress and more disrespectful behaviours from superiors and coworkers.

They were also characterised by a lack of effective wellbeing supports such as mental health leave arrangements or workload allocation practices.

Long working hours were common. More than half of participants (53%) said they worked more than 40 hours per week and 11% said they put in more than 60 hours.

About a third of the lawyers we surveyed wanted to quit their firm, while 10% planned to leave the profession, within a year.

Society can’t afford to ignore this problem. Lawyer wellbeing can directly affect the quality of legal services and may even lead to disciplinary action against individual lawyers. All of this can undermine public trust and confidence in the justice system.

Workload ‘cannot be sustained’

We invited participants to explain why they intended to leave the profession. Their answers are telling.

One mid-career lawyer at a large firm said:

I am in my 11th year of practice working as a Senior Associate at a top-tier firm. To put it bluntly, the work rate at which I am currently operating, which is required to meet the billable targets and budgets set for us, cannot be sustained for my whole working life – it’s too much.

A small-firm junior lawyer talked of the workload issues described by many:

The pay is not worth the stress. I can’t sleep because I’m constantly worried about deadlines or making mistakes, and I got paid more when I was a bartender. I love the work, but it’s a very tough slog and damaging my own wellbeing – for what?

Our data showed junior lawyers take a lot of the pressure, reflected in higher-than-average levels of psychological distress. Equally concerning was the extent to which senior lawyers with practice management responsibilities also reported above average distress.

Our research also showed the challenges extended beyond private practice and into government, legal aid and corporate “in-house” settings.

As one mid-career legal aid lawyer put it:

Lack of debriefing and supports, lack of formal mentoring and supervision, mental health toll, high workload and poor workplace culture, lack of training and supports to deal with clients in crisis, [mean it’s] not [a] family-friendly profession.

The positives

There was also good news. Three themes stood out in the responses from the 48% who told us they worked in positive workplace cultures. This suggests where support should be targeted.

For nearly two thirds of our sample, having good colleagues was the most important wellbeing support. As one mid-career lawyer put it:

Informal support such as debriefing with colleagues has been most beneficial for me.

Good flexible working and (mental health) leave arrangements came across as the most important practical support employers could provide.

Good workload allocation practices - and a willingness from managers to “reach out to discuss work-life balance” - make a real difference to peoples’ experience.

Support from colleagues was the most important wellbeing support. UM-UMM/Shutterstock

It matters to the rest of us

The legal profession and its regulators have been engaging with the wellbeing problem for a while now. Our findings suggest there is still more to be done.

For the profession as a whole we felt that there was still a need to develop greater understanding of the specific wellbeing needs of both junior lawyers and those managing them, as these are the two groups experiencing the most distress.

Legal regulatory bodies should work to better understand how economic drivers of legal practice, such as high workloads and billing expectations, can have negative consequences for wellbeing, and whether any regulatory levers could lessen these impacts.

The UK Foreign Office has issued a travel alert for UK tourists as Portugal joins twenty other European countries in introducing the Entry/Exit System (EES) in October 2025. This new biometric border system will require all non-EU nationals, including British visitors, to submit fingerprints and a facial scan upon arrival at borders in Portugal and other Schengen Area countries. The system is being implemented to enhance border security, streamline entry procedures, and better track traveller movements. While it aims to improve safety and reduce illegal migration, UK tourists are advised to expect longer queues at entry points as the system rolls out, particularly in the early stages. The Foreign Office has urged travellers to be prepared for these changes, which will replace the current practice of passport stamping with biometric data registration.

The European Union is introducing the EES as part of a broader modernization of its external border controls. The move is designed to enhance security, better monitor short-term stays, and streamline entry for non-EU nationals—including millions of UK tourists.

Biometric Checks to Replace Passport Stamps

Once the EES takes effect, UK travellers entering Schengen countries such as Portugal, France, or Italy will be required to undergo biometric registration. This includes having four fingerprints scanned and a facial image captured upon arrival.

Rather than having passports stamped by hand, each visitor’s arrival and departure will be logged digitally through a secure central database. This digital record will help border officials determine how long a person has stayed and whether they’ve respected the 90-day limit permitted for short-term visits within the Schengen Zone.

The UK is no longer part of the EU or the Schengen Area, so its citizens are now treated as third-country nationals. As a result, the EES applies fully to all UK passport holders.

One-Time Registration Valid for Multiple Visits

Travellers will only need to complete the full biometric registration process once every three years. After their first EES check-in, subsequent trips will require only verification against the stored data.

This is expected to make future crossings smoother—particularly for frequent travellers, business professionals, and second-home owners. However, during the system’s initial rollout in late 2025 and early 2026, longer wait times at airports and ferry terminals are expected, especially at high-traffic destinations like Lisbon, Faro, or Porto.

No Pre-Travel Submission Required

Unlike some travel authorization programs, the EES will not require UK visitors to submit biometric data in advance or register online before departure. All data collection will occur on arrival at a Schengen border point, using automated kiosks or with the assistance of immigration officers.

While this makes preparation easier, it also means that travellers should be prepared for longer queues, especially in the early months of implementation as systems and personnel adjust.

The EES: What’s the Purpose?

The Entry/Exit System is part of the EU’s broader effort to digitize and secure its borders. Key goals of the system include:

• Preventing people from overstaying the legal 90-day limit

• Identifying those who may pose security risks

• Enhancing the accuracy of border records

• Speeding up re-entry for repeat visitors

It also helps harmonize entry procedures across the Schengen Area, replacing manual procedures with uniform digital tracking.

Importantly, the system is not designed to limit the number of visits travellers can make—it’s intended to ensure that stays remain within the allowed timeframe.

Where the EES Applies

The system will be rolled out in 29 European countries—all members of the Schengen Area, which includes most EU nations as well as non-EU countries like Norway, Switzerland, and Iceland.

However, a few EU member states are not participating:

• Ireland and Cyprus are not part of the Schengen Area, so travellers to these countries will still have their passports stamped manually.

For most popular EU holiday destinations—including Portugal, Spain, Greece, Italy, France, and Germany—the EES will be fully enforced at air, land, and sea borders.

What Is a “Short Stay” Under the EES?

For EES purposes, a short stay is defined as up to 90 days in any 180-day period. This means travellers can spend up to three months in the Schengen Area within a six-month window—but must then leave for at least 90 days before returning.

Previously, it was difficult for border authorities to monitor exactly how long someone had been in the area, especially if their passport lacked a clear series of stamps. The new digital system will automatically calculate the number of days remaining.

Overstaying could result in fines, entry bans, or refusal of entry on a future trip—so accurate record-keeping is crucial.

Travel Impact: What British Tourists Should Expect

If you’re planning a trip to Portugal or any other Schengen country after October 2025, here’s how your travel experience may be affected:

• Longer border processing times—especially on your first trip under the new system

• Automated kiosks at airports and ports to scan fingerprints and facial data

• Extra travel time recommended, particularly at major travel hubs

• No changes to visa-free status for short trips, but better enforcement of the 90-day rule

British travellers are not required to apply for a visa or any separate permit just yet. However, this will change once the ETIAS (European Travel Information and Authorisation System) comes into force, likely in 2026.

What’s the Difference Between EES and ETIAS?

While both are part of the EU’s push for smarter border control, the two systems serve different purposes:

• EES is a digital border entry/exit log using biometric data

• ETIAS is a pre-travel authorisation system similar to the US ESTA, where travellers apply online before visiting

Once ETIAS is launched, UK travellers will need both a valid ETIAS and to register under the EES. For now, only the EES is confirmed for October 2025.

How to Prepare for the EES

Though there’s nothing travellers need to do before the system launches, a few simple steps can help ensure a smooth journey:

1. Double-check passport validity—it should be valid for at least three months beyond your intended departure from the Schengen Area

2. Arrive at the airport early, especially if flying during holiday periods

3. Watch for updates from airlines and the UK Foreign Office about implementation timelines

4. Understand your travel limits under the 90/180-day rule

5. Be patient—transitions like this often come with growing pains

Looking Ahead

As Europe steps into a new era of travel management, UK holidaymakers will need to adapt to smarter, more secure borders. The new Entry/Exit System is not meant to discourage travel, but to ensure fairness, transparency, and safety for all visitors.

The UK Foreign Office has issued a travel alert as Portugal joins twenty other European countries in introducing the Entry/Exit System (EES) in October 2025, requiring UK tourists to register fingerprints and facial scans upon arrival. This new biometric system aims to enhance security and streamline border control processes, but may lead to longer wait times for travellers.

Whether you’re off to explore Lisbon’s vibrant streets, relax on the Algarve’s golden beaches, or enjoy a weekend in Paris, knowing what to expect at the border will make your journey smoother and stress-free.

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.

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