Hiring foreign workers in South Africa – the new case you should know about

Daily Mirror – 20 July 2022

The Western Cape High Court recently dealt with a case of hiring foreign workers in South Africa, and whether an employer’s intention to employ foreign nationals rather than South African citizens or permanent residents could constitute unfair discrimination.

The case centred around Mukuru, a financial services provider that uses mobile technology to transfer money across Africa and Asian countries, says Jacqui Reed, a senior associate at law firm Herbert Smith Freehills.

“The group applied for a corporate visa that would permit them to employ foreign nationals. To obtain such a certificate, it was necessary for Mukuru to obtain a certificate from the Department of Employment and Labour (DEL).

“To obtain the certificate, Mukuru needed to have shown that despite conducting a diligent search to find suitable employees that were either South African citizens or permanent residency holders, it was not able to do so.”

The department subsequently refused to issue the certificate because it was not satisfied with Mukuru’s attempts to employ South Africans which prompted Mukuru to take this decision on review.

However, the High Court was not persuaded by Mukuru’s explanation for why it could not employ South Africans and found that South Africans were unfairly excluded from employment opportunities which constituted unfair discrimination on various constitutional grounds.

Reed noted that the ruling is important – especially when considering whether passing over South Africans for employment is discriminatory.

“Whilst this decision did not emanate from a South African alleging that there was unfair discrimination by an employer who employed a foreign national as opposed to the South African citizen, it does highlight that there may be circumstances under which the employment of a foreign national rather than a South African may constitute unfair discrimination,” she said.

“It is evident from this decision that South African employers will need to justify the employment of foreign nationals in favour of South Africans. Whether an employer can do so, will depend on the facts of each case.”

www.samigration.com

More South Africans are looking at leaving: here’s where they want to go

Businesstech  - 20 July 2022

 

Africa continues its trajectory as a growth market for investment migration in 2022, says Amanda Smit, managing partner at Henley & Partners South Africa.

The citizenship planning firm recorded an overall increase of 18% in enquiries from African citizens seeking alternative residence and citizenship over the past 12 months.

“By early February 2022, we had already received over 11% of total 2021 enquiries, a trend we predict will continue throughout the year as wealthy investors scramble to diversify their domiciles at the same time as their investment portfolios in a bid to secure greater global access and optionality as a hedge against an unrelenting market and political volatility,” said Smit.

Zimbabwe took first place with an increase of 48% in enquiries compared to 2020. Neighbouring South Africa saw the second-highest level of growth with an increase of 40% in enquiries as well as a record-breaking year in terms of the volume of enquiries from South African citizens. Algeria, Egypt, Ghana, and Nigeria all averaged impressive increases in enquiries of 25%.

Investment migration programmes that offer the option of a real estate investment as a pathway to residence rights or citizenship acquisition are particularly popular among African investors, said Smit.

“International real estate has always been a reliable and attractive asset class for global investors due to its great staying power. Real estate–linked investment migration programmes have the additional advantages of enhancing your global mobility through multiple passports and expanding your personal access rights as a citizen or a resident of additional jurisdictions.

“The combined effect is increased optionality in terms of where you and your family can live, work, invest, study, and retire. The possible gains over the lifetime of the investment include the core value of the real estate asset, potential rental yields, and extended global access providing an opportunity to not only diversify assets but also create country diversification.”

The following countries are popular destinations for South Africans:

Caribbean Island Nations

According to Henley & Partners, the following island nations garnered the most interest in 2021:

Dominica offers the right to free movement and visa-free access to 144 destinations worldwide with a minimum investment donation of R1.6 million [$100,000] and a processing time of three months.

In August 2013, the parliament of Grenada passed a citizenship investment plan which offers the right to free movement to Grenada, China, Russia, Singapore, the UK, and Europe’s Schengen Area at a minimum contribution of R2.4 million [$150,000] and a processing time of three to four months.

The dual-island of St. Kitts and Nevis, offers air links to Europe and North America, pristine beaches and diverse culture with an investment of R2.4 million [$150,000] and a processing period of three-six months.

Mauritius

Mauritius’ residence programme allows foreign nationals to make a real estate investment into the country and apply for a residence permit.

“Successful applicants and their families are granted full residence rights including the right to live, work and retire in Mauritius,” said Henley & Partners

To gain residency, Mauritius requires a minimum real estate investment of R5.6 million [$375,000] and that you wait between two and six months for processing to be completed.

Montenegro

Offering citizenship in Europe and access to the euro, Montenegro since 2019 has had citizenship by investment programme that requires a minimum financial investment of R4 million [€250,000], a donation of R3.2 million [€200,000] and that you wait between six to eight months for submission of the application to be approved.

Portugal

Considered one of the most globalised and peaceful nations with a high quality of life, Portugal has become the interest of many people wishing to immigrate.

As a full member of the EU, the residence allows for visa-free access to Europe’s Schengen Area and requires an average stay of just seven days a year in Portugal over the five years.

An investment of R3.2 million [€200,000] and a processing time of three to six months is required.

www.samigration.com

 

 

 

Cape Town partners up with Airbnb to welcome digital nomads

20 July  2022 – Itc ct

Cape Town has been identified by Airbnb as one of the world’s most remote worker-friendly destinations and has entered into a new partnership deal with the accommodation-sharing service.

The Mother City is one of 20 destinations around the world that has entered into the partnership which aims to make it easier to live and work anywhere, according to Business Tech. The deal is part of Airbnb’s ‘live and work anywhere initiative’ and supports governments in helping to revive tourism and provide economic support to communities after two-plus years of COVID-19 travel restrictions. This initiative was introduced earlier this year in April.

The 20 destinations Airbnb will spotlight include:

• Baja California Sur, Mexico
• Bali, Indonesia
• Brindisi, Puglia, Italy
• Buenos Aires, Argentina
• Caribbean
• Canary Islands, Spain
• Cape Town, South Africa
• Colombia
• Dubai, United Arab Emirates
• Friuli-Venezia Giulia, Italy
• Lisbon, Portugal
• Malta
• Mexico City, Mexico
• Palm Springs, California, USA
• Queensland, Australia
• Rural France
• Salzkammergut, Austria
• Tampa Bay, Florida, USA
• Thailand
• Tulsa, Oklahoma, USA

As part of Airbnb’s partnership with Cape Town, the company will work closely with Cape Town Tourism in “building a dedicated custom-built hub for Cape Town that will showcase top local long-term stay listings as well as important information relating to entry requirements and visa policies to attract remote workers” and other iniatives.

The Cape Town hub will also hold educational campaigns that will promote responsible hosting and travelling as a remote worker. The Cape Town hub is set to launch later this year.

As per Bizcommunity, Cape Town Tourism’s chief marketing officer, Leigh Dawber, says: “We are incredibly proud to be profiled by Airbnb as one of the world’s best cities for remote working. Cape Town offers an unparalleled experience as an inclusive, hospitable African city in the heart of nature. The work-life balance that our city offers is truly unique.

“You can work while looking up at Table Mountain, one of the 7th Natural Wonders of the World, and down at a beautiful sea view of one of our three blue flag coastlines, all at the same time. Being recognised as a World Design Capital and a leading African City for innovation, we welcome business travellers to visit Cape Town to be inspired and get the best of both worlds.”

Not only will Cape Town be promoted as a prime destination for remote workers, but Cape Town and other tourism destinations in South Africa are also set to benefit from the introduction of a ‘Remote Working Visa’ for South Africa. The visa is aimed at attracting ‘digital nomads’ – people who will live in and work remotely from cities such as Cape Town.

Digital nomad visas are travel permits that legally allow travelling professionals to enter certain countries while working remotely. Unlike most tourist visas, digital nomad visas allow for longer stays. They are also easier to obtain and don’t require a work contract and other documentation.

As part of the ‘live and work anywhere initiative’, Airbnb partners with governments and Destination Marketing Organizations (DMO) to specifically support efforts to bring remote workers to their communities. Dozens of destinations around the world already have policies in place to allow foreigners to work remotely with ease, and South Africans will benefit from these changes by being eligible for newly introduced remote working visas to these destinations.

The city’s mayoral committee member for Economic Opportunities and Asset Management, Alderman James Vos, said with people working from home during the pandemic, the digital nomads concept has become a much-needed escape and great opportunity to take work on a holiday.

“We are seeing innovation within the tourism sector to accommodate the changed behaviour of remote working by offering affordable long-term stays, including other benefits required to work remotely and we will expand this message through the broad range of products and businesses who can use a leg up in this challenging time.

“An abundance of natural beauty and wide-open spaces makes Cape Town an ideal location to live and work with solid fibre infrastructure and top-class hospitality services and products,” he said.

www.samigtration.com

 

105 countries you can travel to visa-free on a South African passport right now

Businesstech - 20 July 2022

 

Henley & Partners has published its latest global mobility index for 2022, outlining the countries that South Africans can travel to visa-free right now – and how the pandemic continues to impact international travel.

Japan holds the number one spot on the index — the original ranking of all the world’s passports according to the number of destinations their holders can access without a prior visa — with a record-high visa-free or visa-on-arrival score of 193, while Singapore and South Korea come in joint-second place, with a score of 192.

EU member states dominate the rest of the top ten spots on the latest ranking, with Germany and Spain in joint-third place, with access to 190 destinations visa-free. Finland, Italy, and Luxembourg follow closely behind in joint-fourth place with 189 destinations, and Denmark, Netherlands, and Sweden share fifth place with their passport holders able to travel to 188 destinations worldwide without a visa.

Both the UK and US have dropped down a rank, to sixth and seventh place respectively, and Afghanistan remains at the bottom of the index, with its nationals only able to access 27 destinations worldwide visa-free.

As US travel chaos begins to ease following the Fourth of July holiday weekend, strikes and staff shortages are forcing airlines across Europe to cancel thousands of flights, causing hours-long queues at major airports.

Heathrow Airport has even told airlines to stop selling summer tickets as the UK’s biggest airport struggles to cope with the rebound in air travel. Dr Christian H. Kaelin, chairman of Henley & Partners saidthe recent surge in demand is hardly surprising.

“The latest results from the Henley Passport Index are a heartening reminder of the very human desire for global connectivity even as some countries move toward isolationism and autarky. The shock of the pandemic was unlike anything seen in our lifetimes, and the recovery and reclamation of our travel freedoms, and our innate instinct to move and migrate will take time.”

South Africa

The index shows that South Africa has slipped down four places in the rankings to 55th position. At the mid-point of 2022, South African passport holders are able to access 105 destinations without obtaining a prior visa.

On a positive note, South Africa faces far fewer Covid-19-related travel restrictions compared to the start of the year when several countries moved to place restrictions on South Africa following the discovery of the Omicron variant at the end of November.

A mapping tool developed by travel website Skyscanner shows that as of 19 July , South Africa has 29 ‘major restrictions’ in place from other countries. This is down from around 60 significant restrictions in mid-2021. These countries have suspended travel, may be closed to entry, or entry may only be possible if you are a citizen/meet strict entrance requirements.

Below are the 105 countries South Africans can travel to visa-free according to the latest Henley & Partners report.

* Indicates visa on arrival or eTA.

Africa

Angola	Lesotho	Seychelles*
Benin	Madagascar*	Sierra Leone*
Botswana	Malawi	Somalia*
Burundi	Mauritania*	St. Helena*
Cape Verde Islands*	Mauritius	Swaziland (eSwatini)
Comores Islands*	Mozambique	Tanzania
Ethiopia*	Namibia	Togo*
Gabon	Nigeria	Tunisia
Ghana*	Reunion	Uganda*
Guinea-Bissau*	Rwanda*	Zambia
Kenya	Senegal	Zimbabwe

Asia 

Cambodia*	Malaysia	South Korea
Hong Kong (SAR China)	Maldives*	Sri Lanka*
Indonesia	Nepal*	Tajikistan*
Kyrgyzstan*	Pakistan*	Thailand
Laos*	Phillipines	Timor-Leste*
Macao (SAR China)	Singapore

Europe 

Georgia	Russian Federation	Kosovo
Ireland

Oceania 

Cook Islands	Micronesia	Samoa*
Fiji	Niue	Tuvalu*
Marshall Islands*	Palau Islands*	Vanuatu

Middle East 

Armenia*	Jordan*	Qatar
Iran*	Oman	Israel
Palestinian Territories

Caribbean 

Antigua and Barbuda	Dominican Republic	St. Lucia
Bahamas	Grenada	St. Vincent and the Grenadines
Barbados	Haiti	Trinidad and Tobago
British Virgin Islands	Jamaica	Turks and Caicos
Cayman Islands	Montserrat
Dominica	St. Kitts and Nevis

Americas 

Argentina	Ecuador	Nicaragua
Belize	El Salvador	Panama
Bolivia*	Falkland Islands	Paraguay
Brazil	Guatemala	Peru
Chile	Guyana	Uruguay
Costa Rica	Honduras	Venezuela

www.samigration.com

 

 

 

Businesstech - 20 July 2022

 

Henley & Partners has published its latest global mobility index for 2022, outlining the countries that South Africans can travel to visa-free right now – and how the pandemic continues to impact international travel.

Japan holds the number one spot on the index — the original ranking of all the world’s passports according to the number of destinations their holders can access without a prior visa — with a record-high visa-free or visa-on-arrival score of 193, while Singapore and South Korea come in joint-second place, with a score of 192.

EU member states dominate the rest of the top ten spots on the latest ranking, with Germany and Spain in joint-third place, with access to 190 destinations visa-free. Finland, Italy, and Luxembourg follow closely behind in joint-fourth place with 189 destinations, and Denmark, Netherlands, and Sweden share fifth place with their passport holders able to travel to 188 destinations worldwide without a visa.

Both the UK and US have dropped down a rank, to sixth and seventh place respectively, and Afghanistan remains at the bottom of the index, with its nationals only able to access 27 destinations worldwide visa-free.

As US travel chaos begins to ease following the Fourth of July holiday weekend, strikes and staff shortages are forcing airlines across Europe to cancel thousands of flights, causing hours-long queues at major airports.

Heathrow Airport has even told airlines to stop selling summer tickets as the UK’s biggest airport struggles to cope with the rebound in air travel. Dr Christian H. Kaelin, chairman of Henley & Partners saidthe recent surge in demand is hardly surprising.

“The latest results from the Henley Passport Index are a heartening reminder of the very human desire for global connectivity even as some countries move toward isolationism and autarky. The shock of the pandemic was unlike anything seen in our lifetimes, and the recovery and reclamation of our travel freedoms, and our innate instinct to move and migrate will take time.”

South Africa

The index shows that South Africa has slipped down four places in the rankings to 55th position. At the mid-point of 2022, South African passport holders are able to access 105 destinations without obtaining a prior visa.

On a positive note, South Africa faces far fewer Covid-19-related travel restrictions compared to the start of the year when several countries moved to place restrictions on South Africa following the discovery of the Omicron variant at the end of November.

A mapping tool developed by travel website Skyscanner shows that as of 19 July , South Africa has 29 ‘major restrictions’ in place from other countries. This is down from around 60 significant restrictions in mid-2021. These countries have suspended travel, may be closed to entry, or entry may only be possible if you are a citizen/meet strict entrance requirements.

Below are the 105 countries South Africans can travel to visa-free according to the latest Henley & Partners report.

* Indicates visa on arrival or eTA.

Africa

Angola	Lesotho	Seychelles*
Benin	Madagascar*	Sierra Leone*
Botswana	Malawi	Somalia*
Burundi	Mauritania*	St. Helena*
Cape Verde Islands*	Mauritius	Swaziland (eSwatini)
Comores Islands*	Mozambique	Tanzania
Ethiopia*	Namibia	Togo*
Gabon	Nigeria	Tunisia
Ghana*	Reunion	Uganda*
Guinea-Bissau*	Rwanda*	Zambia
Kenya	Senegal	Zimbabwe

Asia 

Cambodia*	Malaysia	South Korea
Hong Kong (SAR China)	Maldives*	Sri Lanka*
Indonesia	Nepal*	Tajikistan*
Kyrgyzstan*	Pakistan*	Thailand
Laos*	Phillipines	Timor-Leste*
Macao (SAR China)	Singapore

Europe 

Georgia	Russian Federation	Kosovo
Ireland

Oceania 

Cook Islands	Micronesia	Samoa*
Fiji	Niue	Tuvalu*
Marshall Islands*	Palau Islands*	Vanuatu

Middle East 

Armenia*	Jordan*	Qatar
Iran*	Oman	Israel
Palestinian Territories

Caribbean 

Antigua and Barbuda	Dominican Republic	St. Lucia
Bahamas	Grenada	St. Vincent and the Grenadines
Barbados	Haiti	Trinidad and Tobago
British Virgin Islands	Jamaica	Turks and Caicos
Cayman Islands	Montserrat
Dominica	St. Kitts and Nevis

Americas 

Argentina	Ecuador	Nicaragua
Belize	El Salvador	Panama
Bolivia*	Falkland Islands	Paraguay
Brazil	Guatemala	Peru
Chile	Guyana	Uruguay
Costa Rica	Honduras	Venezuela

www.samigration.com

 

 

 

Government sends warning to businesses hiring foreign workers in South Africa

Businesstech - 20 July 2022

The government is adopting a zero-tolerance stance on the hiring of illegal foreign workers in South Africa, says Ben Makhalemele, deputy director of corporate accounts at the Department of Home Affairs.

Makhalemele, who was speaking at Xpatweb’s recent global mobility conference in Johannesburg, said that his department has developed a clear mandate on addressing immigration in South Africa.

This includes:

• Facilitating and regulating the secure movement of people through the ports of entry into and out of the Republic of South Africa;
• Confirming and providing enabling documents to foreign visitors legally residing within South Africa;
• Enforcing immigration legislation and effect deportations;
• Determining the status of asylum seekers and regulate refugee affairs; and
• Contributing towards realising a positive skills migration trend into South Africa.

Makhalemele said that the department is ‘well aware’ of the volume of foreigners who are residing in our country illegally, with either fraudulent paperwork or no status whatsoever.

He implored all employers to ensure that all of their expatriate staff are in possession of legally obtained and issued work visas.

He explained that the department is taking a ‘no-mercy’ stance and cautioned all employers that, should they be found to have illegal expats, they will be fined, and both the owner/chief executive of the company as well as the Head of HR of the company may face criminal charges and imprisonment.

He explained that they are currently working their way through businesses and arresting both the illegal expats, as well as the relevant company representatives; he confirmed that he has personally been part of this operation.

Quota system

Makhalemele’s comments come as the Department of Employment and Labour finalises two new documents which will tighten employment laws, including limitations on the hiring of foreigners.

Speaking on the changes in June, labour minister Thulas Nxesi said the National Labour Migration Policy would include limitations on the hiring of foreigners.

He noted that the policy aims to achieve a balance across several areas, including:

• The first is to address South Africans’ expectations regarding access to work opportunities, given worsening unemployment and the perception that foreign nationals are distorting labour market access. The NLMP, together with proposed legislation, will introduce quotas on the total number of documented foreign nationals with work visas that can be employed in major economic sectors such as Agriculture, Hospitality and Tourism, Construction, etc.

• The NLMP will be complemented by small business interventions and enforcement of a list of sectors where foreign nationals cannot be allocated business visas and amendments to the Small Business Act to limit foreign nationals establishing SMMEs and trading in some sectors of the economy.

• The Department of Home Affairs is reviewing current legislation and strengthening the Border Management Authority to secure porous borders and to allow for the orderly movement of people and other nationals through ports of entry only.
• Government plans to ramp up inspections to enforce existing labour and immigration legislation.

Nxesi said the National Labour Migration Policy goes hand in hand with the proposed Employment Services Amendment Bill, which provide the legal basis to regulate the extent to which employers can employ foreign nationals in their establishments while protecting the rights of migrants.

The proposed amendments to the Employment Services Act aim to limit the extent to which employers can employ the number of foreign nationals in possession of a valid work visa in their employment,” he said.

It will also place several obligations on an employer employing foreign workers, including:

• Only employ foreign nationals entitled to work in terms of the Immigration Act, the Refugees Act, or any other provision;
• Ascertain the foreign national is entitled to work in the Republic in the relevant position;
• Satisfy themselves that there are no South Africans with the requisite skills to fill the vacancy;
• Prepare a skills transfer plan, where appropriate;
• Employ foreign nationals on the same terms as local workers; and
• Retain copies of relevant documentation.

www.samigration.com