Like in many countries around the world, immigration management remains at the top of the public debate. At the heart of the debate is the perceived failures of the authorities to manage immigration systems effectively and efficiently. 

In South Africa specifically, this is exemplified by the perceived uncontrolled number of migrants entering the country to look for opportunities and the contravention of immigration law by some companies through employment of foreign nationals without work authorisations.

Therefore, a growing and worrying trend seen across the economic spectrum in South Africa is the lack of preparedness of companies for an unannounced immigration compliance audit. This lack of preparedness is common around the world as the authorities are known to react after a receipt of whistle blow reports or even complaints of disenfranchisement from the communities.

Failure to be compliant with immigration laws generally has financial, operational and reputational risks that may perpetually keep a company under undue scrutiny of authorities. Immigration Compliance in South Africa. Although South Africa does not have a mandatory reporting system for employers to confirm compliance with aspects of immigration, like skills transfer or workers ratio, the law prohibits the employers from, among other things, hiring illegal foreigners or hiring a foreign national whose status does not allow him or her to be employed or to employ a foreigner on terms and conditions different form those stated in the visa.

Additionally, employers have a responsibility to make a sincere effort to ensure that they do not employ individuals without the proper legal status.In effect, every employer is required to ensure that a document presented to for employment purposes is checked with relevant authorities before beginning employment. Failing which, such an employer is subject to arrest and may on conviction be subject to a fine or imprisonment.As South Africa is currently under its new administration after the May 2024 election, there is a drive to stabilise the economy. The new administration plans to increase the number of immigration inspections at restaurants, spaza shops, farms and mines by more than 50%, and to act against people illegally employed, including through deportations. 

The scope of immigration inspections will also likely be broadened to other sectors where non-compliance is detected.For the last few weeks, the immigration authorities, working together with other law enforcement agencies and the Department of Employment and Labour (DoEL), have been involved in inspections throughout the country. This has resulted in many employers and foreign nationals being arrested in the process and charged in the process.

Becoming Immigration Audit-Ready in South AfricaIn many countries around the world, companies generally have statutory obligations with which they must comply with on a regular basis.In South Africa, that can entail, among other things, remitting taxes, providing monthly or quarterly reports on the composition of the organisations staff complement and remitting levies for skills development to the authorities.Complying with the immigration rules must always be at the forefront of employers minds. In South Africa, being ready for an immigration compliant audit entail undertaking the following measures regularly:Keeping certified copies of the passport and visas of foreign national employees and updating them when they expire/ when new ones are issued;Ensuring that the passports of employees are valid at all times; 

v   t5s Ensuring that their foreign national employees comply with the conditions stated in the visa;Informing the authorities of any change in their employment status so that a visa can be cancelled if the employment relationship has ended. Although the law does not provide a specific timeframe, informing the authorities within at least 30 working days is reasonable; and Keeping the records of the employment of a foreign national. By law, employers must retain such records for at least two years after the foreign national has left the employment.

Of great importance in being immigration compliant-ready is to always have the support of a trusted immigration advisor. Such an advisor can develop an immigration readiness strategy, can be available during any workplace immigration audit by the authorities and can assist in answering questions posed by the authorities.It is important to note that leveraging technology can go a long way in making a companys immigration compliance strategy more robust. Besides making a company compliance-ready, it can assist in identifying issues worth resolving long before the authorities start the immigration audit, such as preventing challenges arising from employees expired work visas or passports. 

Above all, empowering an organisations leadership and human resources professionals about the companys immigration compliance strategy is vital.This can be done through an in-house immigration training on the countrys immigration process done by a trusted immigration advisor annually with updates on policy developments on a quarterly basis.Need to know more?Immigration compliance is important for businesses, providing peace of mind and supporting good corporate citizenship. It can be helpful to have the guidance of a trusted immigration advisor and to utilize technology to make the process smoother and more manageable.

For more information regarding South Africas immigration regulations: 

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

Please rate us by clinking on this links: Sa Migration Visashttps://g.page/SAMigration?gm

The Home Affairs Department is getting involved in the registration of spaza shops and will determine if the foreign nationals permits allow them to run a business in the country.Last Sunday, President Cyril Ramaphosa announced that spaza shops owners had 21 days in which to register their businesses. This as the country faces an increase in incidents of suspected food poisoning.The departments Acting Head of Immigration, Albert Matsaung says they issue 17 permits which have conditions for foreign nationals.From Home Affairs side, in line with the Immigration Act, we have got 17 permits that we are issuing. We have got permits that are classified as temporary and then we have another category of permanent residence. So, those two are the permits that we are issuing.Each and every permit that is issued by the department of Home Affairs has got specifics in terms of what the holder of that permit can do, where, and for how long. So our permits are linked to what the person came into the country for, for how long is the person supposed to be in here and for what purpose. Those are the kinds of permits that are issued by us as a department, adds Matsaung.Spaza Shops Registration | Home Affairs to assess foreign nationals permits

Key Takeaways
•    Pakistanis and Algerians have the highest rejection rates by Greek authorities.
•    Greece rejected more than half of visa applications filed by these nationalities in 2023.
•    Kazakh applicants, on the other hand, had some of the highest approval rates for Schengen visas in Greece.

Greece is the sixth country in the Schengen Area that received the highest number of visa applications for 2023.
According to statistics published by SchengenVisaInfo, over six per cent of all visa applications filed to Schengen states in 2023 were submitted in Greece, representing a total of 627,008 visa requests, Schengen.News reports.
The majority of these applications came from Turkish applicants (254,377 or 40.5 per cent), followed by Russians (62,959) and Chinese (35,931).

5 Nationalities With the Highest Visa Rejections by Greece in 2023
As the data reveals, the countries of origin for applicants with the highest rejection rates by Greek authorities are mainly in the African and Asian continents.

Greece denied visa applications the most for these nationalities:
1.    Pakistanis
2.    Algerians
3.    Tunisians
4.    Senegalese
5.    Iraqis
Pakistanis filed 560 visa applications to Greece in 2023, and out of these, more than half (65.54 per cent) were rejected, making this nationality group most affected by visa rejections for the year.
 
Algerians follow second, with 59.54 per cent of their visa applications being rejected, which accounts for 1,230 out of 2,066 visa requests submitted.
Tunisians had 56.36 per cent of their visas rejected. This means that Greek authorities issued 1,564 negative visa applications to Tunisians in 2023.
Senegalese did not have high application rates, as 240 visa applications were recorded in 2023. However, their rejection rates were fourth-highest in this list, as 56.25 per cent of visa requests (135) were rejected.
Iraqis filed 3,568 applications in 2023, and Greek authorities rejected 1,756 or 49.22 per cent of all visa requests.
Greece Approved Over 90% of Visa Applications Filed By These 3 Countries of Origin
As the data shows, countries with the highest approval rates were those that already have visa liberalisation agreements with the EU, such as Hong Kong. Applicants from these countries are usually foreigners living in Hong Kong and need a Schengen visa to be able to enter Greece.
However, out of countries that need Schengen visas, these three countries had the highest approval rates by Greek authorities:
Kazakhstan
Kazakhs filed 9,674 visa applications to Greece in 2023, and 97.78 per cent of them were approved. This means that Kazakh applicants were granted 9,459, and only 178 applications were rejected.
Indonesia
Greece approved 97.27 per cent of all applications, which represents 4,208 approved visas out of 4,326 applications. In addition, 101 visa applications were rejected, showing that visa application rates for Indonesian nationals are some of the highest.
Thailand
Thais were approved 94.75 per cent of 1,903 visa applications that were filed in 2023. That represents 1,803 visas issued and 85 rejected applications.

With the clock ticking for rural and township spaza owners and vendors to register their businesses, government has provided a guide for entrepreneurs on how to approach the process of applying for a traders' permit.

Last week, President Cyril Ramaphosa called for all spaza shops and food-handling facilities to register with their respective municipalities as part of decisive measures to address the recurring foodborne illnesses that have claimed the lives of at least 22 people, including children, across the country.  

The interventions, the President explained, are aimed at getting hazardous pesticides off the street, protecting children from exposure to these substances, and preventing future outbreaks.
To ensure compliance, the President last Friday ordered that all spaza shops and food-handling facilities register with their respective municipalities within 21 days.

Small business owners can follow these guidelines to ensure that they are compliant with government regulations:
1.    Registration for trading permits for spaza shop owners and vendors is done in municipality offices or designated sites that the municipalities will communicate to residents.
2.    All spaza shop owners and vendors must register with their respective municipalities from 15 November to 13 December 2024.
3.    Application forms for registration or permits to conduct business can be accessed physically at the municipal offices or on the municipality website.
4.    The completed application form is to be received only by the municipal manager or a delegated official within a municipality.
5.    The completed permit application should contain the business owner's full name, surname, gender, and disability status.
6.    Other details that must be included in the application for a trading permit are:
a.    the identity number of the business owner;
b.    the physical and postal address of the business concerned;
c.    location where the business will be operated;
d.    the description of the goods or services that the business will be selling or providing to the community;
e.    the citizenship status of the applicants and
f.    the passport number, section 22 asylum seeker permit, section 24 refugee permit, and a valid visa allowing foreign nationals to be in the Republic to work or conduct business.
7.    The applicant must provide an affidavit stating that he/she is not engaged in the trade of illegal goods, as defined in this by-law and that his/her business will operate according to the applicable norms and standards.
8.    The municipality may conduct background checks on applicants, in collaboration with law enforcement agencies, to verify the legality of their business activities.
9.    After the application has satisfied all the conditions stated by the municipality, the business owner will be issued a registration card or permit that must be always displayed and be available for inspection.

Reporting illegal business practices
Municipalities are also expected to communicate to residents a complaints procedure that can be used by residents and community members to report illegal business practices by the business establishment.

This complaints procedure will also include details about the appeals process for the application process.
According to the Immigration Act of 2002, it is a criminal offense to assist or enable an illegal foreigner to conduct any business in the Republic of South Africa.
It is also a criminal offense to assist an illegal foreigner to obtain a licence for him/her to conduct any business.

Eighteen employees of the Department of Home Affairs were dismissed with immediate effect for corruption, fraud and sexual harassment. File Picture: Ayanda Ndamane / Independent Newspapers

Spokesperson for the Department of Home Affairs Duwayne Esau, said another another four officials were issued with final written warnings and another two officials received written warnings.

He said the dismissal shows the department’s firm stance on the fight against gender-based-violence.