Home Affairs Dept warns SAns marrying foreign nationals for financial benefit of legal ramifications


JOHANNESBURG - South Africans marrying foreigners for financial benefit have been warned of possible legal ramifications. The comments were made by Deputy Minister of Home Affairs Njabulo Nzuza on the sidelines of a visit to Thembisa Hospital, where he, alongside other officials, welcomed babies born on Christmas. By law, a foreigner who weds a South African national and seeks permanent residence in the country is required to have been in a relationship with the individual for at least five years. A similar standard is held for life partners who, in conjunction with the prerequisite, are required to produce evidence of shared financial responsibilities. Nzuza said this criminal offence was an added burden to an already inundated Department of Home Affairs.`It`s not worth it. It`s criminal. It`s wrong. Don`t get yourself involved with those marriages of convenience, and if we do that, we will just keep the country running.`

Going for quantity over quality in clearing the visa backlog does not restore dignity


The grapevine has it that dedicated teams within one or more of the ‘Big Four’ global accounting firms might be currently responsible in some shape or form for the processing of visa applications. 
In late August, while promoting his department’s digital transformation, the new Minister of Home Affairs, Leon Schreiber, stated that “the permitting backlog … dates back a decade … [and] started out at over 306,000 unprocessed applications”. 
The harsh reality of the visa backlog Schreiber found himself and his department having to contend with was far worse than anticipated even in previous detailed reports to the portfolio committee. Until as recently as April this year, the now-debunked Department of Home Affairs’ (DHA) predominant narrative surrounding the backlog was that it stood at 80,000 applications and was primarily a result of the lockdown and the pandemic. 
I have already voiced our reservations and caution in response to Schreiber’s digitisation “one-stop” answer to solving the department’s long-standing capacity and training shortages. The departmental issues, in our view, need to be resolved by promoting long-term recruitment and upskilling strategies rather than to meet short-term goals and political aspirations. 
While basic civic services, such as obtaining or replacing an ID, passport or certificate, will undoubtedly benefit from the proposed innovation, streamlining through digital automation of the processing of immigration-related applications carries multiple risks that may ultimately outweigh the benefits. These include unlawful and incorrect decisions, security risks, breach of personal data, etc.
#TeamHomeAffairs?
From his five-year digitisation strategy to outsourcing partnerships, it appears that the minister’s solutions tend to diverge from the department’s own human resources constraints. In his race to preserve the perception of service delivery, Schreiber has found himself having to contend with the persisting capacity shortage as the DHA is said to have “only 40% of the staff it requires to function optimally”, and has had to grapple with a lack of work ethics and, as he called it, “institutional vandalism”. 
Apparently, certain officials within the DHA’s ranks remain reluctant to work overtime and embrace innovation and change. 
Notwithstanding these challenges, the Minister confirmed that “a team from different departments within Home Affairs is working around the clock, in partnership with Business Unity South Africa and Deloitte, to clear the backlog”.
The grapevine has it that dedicated teams within one or more of the “Big Four” global accounting firms might be currently responsible in some shape or form for the processing of applications. These rumours leave us to wonder if these “partner teams” are responsible for the review of highly confidential personal documents included in applications, and for making recommendations on the outcomes to be issued – visas or rejections.
These partnerships that Schreiber implemented, we are told, allegedly included a few weeks’ “crash course” on South African immigration provided by the DHA to these external service providers.
A sceptic would say that the blind have been leading the blind … the #TeamHomeAffairs that Schreiber often praises on social media may well not be fully within Home Affairs after all. Should this be confirmed, an arrangement of this nature would not merely be unusual but also questionable.
An unprecedented agreement
Already in 2014 , the service agreement which the DHA entered into with VFS Global was unique and controversial. At the time, VFS Global formed part of the Kuoni Group, a publicly listed Swiss company with large holdings in travel and tourism providing services to a range of countries. Exorbitant government tenders were awarded over the years to VFS Global including, among others, the UK, Australia and Canada. 
Today, VFS Global has agreements in place with 69 governments and operates in 153 countries with more than 3,400 visa processing centres globally and counting. All of these tenders and agreements relate to the processing of visas and are provided from outside the sovereign territory towards which these services are rendered.
Within the UAE, as a small deviation, VFS strictly deals with short-term (30–60 day) visa extensions.  
In an era of rapidly growing international travel, many governments have contracted with outside parties, such as VFS, to handle their visa processes, as this has allowed them to manage the rising demand for visas. Travellers, in general, also ostensibly gain from visa outsourcing since it speeds up processing and enhances customer support while also increasing geographical accessibility.
However, the 2014 agreement made by the DHA in South Africa with VFS to date represents the only instance in which a sovereign government has delegated and outsourced within its own territory and within its own borders its public functions for these services. 
That agreement alone should have been a warning sign of the department’s mismanagement and brewing crisis, and 10 years later stands as a sign of an incapable state.  
Further aggravating the controversy, the 2014 agreement came at a high cost for visa and permit applicants in South Africa, as it sanctions the charge by VFS Global of a service fee (initially R1,350, now increased to R1,550 per application, waiver, appeal, permit, etc) to be paid over and above the fees charged by the DHA.
This said, it must be acknowledged and recognised that had it not been for VFS Global, the South African immigration system would have already collapsed completely a decade ago, with far worse damage than Schreiber is now being tasked to control.
Outsourcing patterns
Over the last decade, the DHA’s service provision relating to immigration services has increasingly relied on outsourced and delegated services.  While in 2021 the Department of |International Relations and Cooperation (Dirco) downsized South African representation abroad by closing 10 of its missions, agreements made by the DHA with VFS have increased to currently cover 20 countries.
The South African exception, both in respect of the 2014 agreement with VFS and now with the reliance on external “partner teams” to deal with the backlog, is prima facie evidence that oftentimes public service employees lack the ability and resolution to be upskilled and meet international standards.
This is sadly ironic considering the predominantly labour-protective immigration regime South Africa has promoted over the years.
Rejection patterns
As we fast approach the end of 2024, and as widely publicised by the minister and the department, the progress on the backlog seems to be making giant leaps. The DHA has reportedly succeeded in zeroing a backlog of 247,500 ID applications in a few months, and has proudly reduced the visa backlog by 62% while confirming to be on track with the year-end goal.
That visa outcomes are suddenly being flushed out in high numbers is evident simply by visiting any VFS Global office where the waiting time for a simple collection has dramatically increased to three to four hours or even longer. These volumes have undoubtedly put a strain on VFS Global’s capacity and staff, and of course on applicants.
Of graver concern, however, is the combined negative impact that lies in the poor quality of decisions being rendered lately. In the past couple of weeks, our law firm has been inundated by inquiries from the public relating to the collection of unprecedented numbers of rejections on visa applications, many of which bear anomalous and erroneous reasons for the refusals.
Quality vs quantity
Issues with the quality of decisions are not a novelty of the DHA or the backlog clearing process. The lack of proper legal training combined with the necessary delegation of adjudicating functions within the DHA carries this consequence. Much of the same has been said in respect of the decisions rendered abroad on visa applications processed and adjudicated by Dirco at certain overseas South African missions.
Applicants have already been gravely prejudiced by the DHA’s inability to perform after the lockdown, often finding themselves displaced, disillusioned and despondent in a state of continued uncertainty. Most applicants have had no choice but to exercise patience, others have approached the courts simply to review and set aside the unreasonable delay experienced.  
Litigation against the DHA has never been as frequent as over the past couple of years, at a hefty cost for both the applicants and South African taxpayers.
Schreiber has centred his role as minister on the pursuit of the restoration of dignity. However, signing off irrational and erroneous rejection notices serves no such purpose and only allows the DHA to numerically account for progress on the backlog as an achievement. Looming ahead will be another backlog, predominantly consisting of appeals, which will defeat any progress made in 2024.
Bearing the brunt remain the applicants, trapped in a timeless state of uncertainty and deprivation, having entered South Africa as if in Dante’s Inferno: “Abandon hope, all ye who enter here”

Mozambique Unrest - BMA bars trucks from going into Mozambique

Mozambique Unrest | BMA bars trucks from going into Mozambique

JOHANNESBURG - Border Management Authority (BMA) Commissioner Dr Mike Masiapato, says it's not safe for trucks to go into Mozambique.

Monday's decision by the country's Constitutional Council confirming Frelimo, as the winner of the October polls has sparked more unrest.

Border Management Authority Commissioner Dr Mike Masiapato spoke to eNCA reporter Pule Letshwiti-Jones in the video 

https://www.enca.com/top-stories/mozambique-unrest-bma-bars-trucks-going-mozambique

South Africa attempts Compliance, Cracks Down on Illegal Employment

Africans and other foreign nationals in South Africa have faced intense scrutiny from the South African government this past week.Africans and other foreign nationals in South Africa have faced intense scrutiny from the South African government this past week. On Wednesday, 25 foreign nationals in the African nation were arrested on the grounds of failing to comply with the Immigration and Labor Acts. According to South African authorities, the Cape Town crackdown will be the first of many government-led efforts to prevent illegal immigrants from breaking the law. The effort led by the Department of Labor and the police marks the first significant official effort to comply with immigration and labor laws for South Africa officials since the 2015/16 talks on the same.What does the law say?On Wednesday, police searched restaurants and other places of business in Cape Town, searching for businesses that illegally employed foreign nationals. According to South African law, anyone born outside of South Africa falls under the foreign national category. While the government does not have a mandate to actively search for undocumented immigrants, it is allowed to look for employed, undocumented persons. Section 38(1) of the countrys Immigration Act stipulates that business owners cannot employ foreigners who are in the country illegally. Failure to comply with this law could open businesses to federal prosecution. This was the case on Wednesday when one manager was also arrested in connection with the employment of the 25 illegal foreign nationals.  In South Africa, employing paperless residents could also go against the LRA. Labor laws in the country state that everyone has the right to fair labor practice. While Section 23 of the Constitution does not specify which groups fall under the provision, it ensures that employing illegal foreigners could potentially break labor laws. Labor Law vs. Immigration Lawm A 2017 report released by the University of Witwatersrands African Centre for Migration & Society (ACMS) shows that many of the illegal migrants employed in the Southern African region are more likely to be mistreated that their South African-born counterparts. The report, which summarized research conducted by the Johannesburg-based higher education institution between 2012 and 2014, established that many of the employed undocumented foreigners are hired to do menial tasks. Furthermore, the report found that these illegal residents were more likely to be underpaid and discriminated against in the workplace compared to employees who were South African by birth. In fact, the number of foreigners working in the informal sector is twice the number of South Africans working in the same area. Over the past few years, South Africa has been a hub for xenophobic violence. Between 2015 and 2017, there were numerous incidences of South African nationals targeting people because of their national origin. Many foreign residents living in the country at the time were either killed or maimed because of their foreign status. The World Report 2018 also highlighted an incident that occurred in February 2016 where a group calling itself The Mamelodi Concerned Residents  instigated protests that resulted in the destruction of shops owned by non-South African residents. One of the main talking points for these groups targeting foreign nationals has been that immigrants have been stealing the locals jobs. The 2017 ACMS report only confirms that there are more foreigners than locals employed in sectors like hospitality, tourism, retail, and construction among other sectors. What the report does not address is the working conditions of foreign employees and how they relate to the labor laws in the country.  According to South Africas Immigration Act, 60% of positions in any workforce should go to South African nationals. However, more jobs in the informal sector go to foreign nationals because of several factors. According to the government, this is because businesspeople can obtain cheaper labor hiring foreigners, especially undocumented ones. Employers were undermining immigration and labor laws as they paid workers starvation wages, Home Affairs Minister Malusi Gigaba remarked after the crackdown on Wednesday. Mr Gigaba affirmed that the government would be putting more effort into ensuring employers comply with these laws.Business owners in South Africa do not agree with the governments assessment. On the contrary, some of them remarked that it is better to hire foreigners without papers because they are more responsible than their local counterparts. One entrepreneur told the local news outlet IOL, I have hired locals but they disappear for days and when we fire them, the officials tell us we are wrong. The foreign nationals have [been] shown to be more reliable. Whether employers hire undocumented foreigners because of cheap labor or reliability does not matter under SA law. No matter the reason, it remains illegal to hire foreign nationals without legal papers. However, that does mean that employers have the right to treat such employees as they see fit. Labor law protection also covers foreign nationals.In 2017, an illegal migrant named Lanzetta sued his South African employers for wrongful termination. Mr Lanzetta argued that Discovery Health, his employer, failed to give him the necessary documents to renew his work permit. As a result, his legal alien status elapsed and the company got the grounds to fire him under Immigration Law. While the court did not rule in Mr Lanzettas favor, it highlighted the LRAs mandate that employers treat all their employees fairly. As South African officials continue the pursuit of illegally employed migrants, it remains unclear how the balance between the nations immigration and labor laws will affect the charging and deportation of foreign nationals. On the one hand, officials are ensuring compliance by rooting out illegal employees. On the other, they are violating the labor rights of foreign employees by discriminating against them. Employment of undocumented foreigners is illegal, but sometimes it is the only option open to them.In the midst of Wednesdays crackdown, activists highlighted a challenge that makes compliance more difficult for foreigners. Mr Lanzetta alleged that his undocumented status stemmed from his employers failure to assist him in the process. In most cases, foreigners may not have the time or money to renew their papers at the ill-staffed Refugee Reception Offices. Operations deliberately cracking down on undocumented migrants, particularly in a city where there is no Refugee Reception Office (RRO) available to provide new asylum seekers with documentation, is excessive and deeply unfair, advocacy specialist

Italys new visa rules raise concerns for international students

The Italian governments updated visa requirements, effective January 10th, 2025, are raising concerns among stakeholders, who fear the changes could make studying in Italy more difficult for international students.The new regulations require Type D visa applicants, including students planning to study for more than 90 days, to book individual appointments for fingerprinting at Italian consulates.This new process is expected to increase the administrative workload and may lead to delays for students seeking to study in Italy. The change, stakeholders say, will add significant challenges for students and universities. CEO of Forum on Education Abroad, Melissa Torres, told The PIE News that;In addition to the increased expense, many students will incur travelling to a consulate and the likelihood of massive wait times for visa appointments, I am concerned that this new requirement will impact students decision to spend a full semester abroad,¯ New rules affect student visa processing Deputy executive director of NAFSA, Jill Allen Murray, who also felt at loss concerning the development, stated that¯in addition to requiring individual appointments, the update eliminates batch processing, a practice used by US universities to help large groups of students secure visas efficiently.Murray explained that this would increase the administrative demands on each Italian consulate.The policy change also effectively eliminates the option for batch processing, which many US institutions have used to help their students secure visas in a timely fashion and increases the administrative demands on each Italian consulate. This change could further complicate the visa process for students and institutions, leading to potential delays and confusion.US students may choose shorter programs or alternative destinations Reports inform that Italy was the top destination for US students studying abroad in the 2022/23 academic year, with 15% of students selecting Italy, a 37% increase from the previous year.However, the new visa rules could lead students to consider other study-abroad destinations, as according to the PIE News, several US study-abroad providers are already looking at shortening programs to avoid complications with the visa process.This shift could see fewer students choosing long-term programs in Italy if the new requirements make the visa process too difficult.Joint effort to address visa concerns In response to the changes, NAFSA and Forum on Education Abroad have written a joint letter to the Italian ambassador, urging the restoration of batch processing.They have also requested that Italy allocate more resources to consular appointments and allow fingerprinting to be done at honorary consulates or local police stations.Both organizations warn that the new system may not have enough capacity to handle the expected demand for student visas, and have urged students to apply as early as possible to avoid delays.Advice for students applying for Italian visas According to reports, NASA and Forum on Education Abroad have advised students planning to study in Italy to apply for their D visas well before the new rules take effect on January 10th, 2025.With the anticipated strain on consular services, early applications will help ensure students meet visa deadlines and avoid disruptions to their study plans.