South Africa Working Visas

SA Migration – 08/06/2022

South Africa seeks highly skilled individuals to live and work in SA.

SA Migration Services will provide professional assistance to arrange your work visa for you if you qualify.

Work Visas are regulated in terms of Section 19, Regulation 18 and items 18 (1), 19(2), 20, 21 and 22, of Schedule A.

There are three common types of Work Visas:

• General Work Visa
• Inter Company Transfer Visa
• Critical Skills Visa

General Work Visa

Under the General Work Visa there are very strict requirements. The South African government, although trying to promote work and trade in South Africa, recognize the need to give South Africans the chance to obtain employment ahead of any foreigner.

You will have to prove that you are the only person who can fill that position and that no other South African can play that role. This is done by placing an advert in a national newspaper advertising the position.

A Department of Labour report would need to be obtained.

You will also need to have a job offer/contract from your future employer.

The most important part of the process is skills assessment by SAQA (South African Qualifications Authority) in SA which evaluates your formal qualifications and compares them to a SA qualification. This process is mandatory and for this we would need your academic transcripts and award diplomas. Note under the regulations provision is made for the recognition of work experience in the absence of formal qualifications and this therefore makes provision recognition of prior work experience (RPL).

This is a paper based system which merely compares the foreign qualifications and arrives at an equivalent qualification in SA, and if qualified in SA then no SAQA needed.

Next your employer has to prove that you are the only person that can fill the position and no other South African can fill that role. This is done by placing an advert in a national newspaper advertising the position.

Please note the work Visa is issued in the name of the employer so the person is tied to the employer. If they change the job they will require a new work Visa.

There is some good news for people who are qualified through work experience only and they can qualify if they don’t require formal qualifications, ie SAQA.

Inter Company Transfer Visa

An intra-company transfer work Visa may be issued by the Department to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic.

An important factor is that the applicant has to have been employed with the company abroad for a period of not less than 6 months.

The Intra company transfer is not designed to be a long term visa. The idea is to bring in foreign workers employed by the company abroad with a branch or subsidiary branch here in South Africa; they work or conduct training for four years, and then return home.

This Visa does not require the hassle of proving the company could not find suitable applicants and it does not require the hassle of verifying an applicant’s formal qualifications. It is based purely on employment. If you are a company that needs to transfer in foreign employers, please contact us and we will make this go as smoothly as possible.

It is important to note that this category of work Visa cannot be granted for more than four (4) years and this type of Visa is not extendable.

Critical Skills Work Visa

The Critical Skills Visa South Africa is for skilled workers whose occupation is on the Critical Skills Visa List for South Africa. This list reflects the occupations that are in demand in South Africa.

The newly published "Skills or qualifications determined to be critical for the Republic of South Africa in relation to an application for a Critical Skills Visa or Permanent Residence Visa"

This category of work visa may be issued to an applicant who falls within a specific professional category or specific occupational class determined by the Minister by notice in the Government Gazette. This is done after consultation with the Minister of Labour and the Minister of Trade and Industry.

If an applicant falls within one of the professional categories listed on the critical skills list and also has the appropriate post qualification working experience in that profession then such applicant may qualify to apply for this category of work Visa.

The applicant also needs to where applicable register with the relevant South African professional accreditation body regulating that industry as stipulated by Minister of Home Affairs. Such body must also confirm the applicant’s skills, qualifications and working experience.

Furthermore, such applicant’s qualifications need to be evaluated relevant to a South African level. An applicant for a Critical Skills Visa may enter South Africa on such visa without having secured a job offer first. It is, however, required of the applicant to confirm employment with the Department of Home Affairs within a period of one (1) year upon arrival in South Africa, failing which, the Visa would automatically lapse.

The Critical Skills Work Visa is tied to an individual and not to an employer so under this Visa a person can leave from one employer to the next without obtaining a new work Visa.

Download the list / government gazette here (Updated: 03 June 2014)

*** Please wait a while for the download to come through ***

Fill out the enquiry form on the right, to give us more information on your current status. Once we have all your information, we can assess whether or not you will qualify for the requested visa.

How can we help you , please email us to info@samigration.com whatsapp 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 Visas

https://g.page/SAMigration?gm

Alternatively , please contact us on :

 Whatsapp  Tel No : +27 (0) 82 373 8415

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )

Tel No admin : +27 (0) 64 126 3073

Tel No sales : +27 (0) 74 0366127

Fax No : 086 579 0155

 

South African Medical Visa

SA MIGRATION – 08/06/2022

Any foreigner who intends to seek medical treatment in South Africa at a medical institution for more than 3 months, needs to apply for a medical visa. The medical permit allows foreigners to stay in South Africa temporarily whilst undergoing treatment at their preferred medical institution.

A medical visa would only be approved if the foreigner needs to undergo treatment at a private hospital, public hospital, rehabilitation centres and detox clinics in South Africa. Please note that a medical permit holder may not work or apply for work while in the country.

How do I qualify?

A letter from the applicant’s registered medical practitioner or medical institution within the Republic, confirming;

• That space is available at the medical institution;
• The estimated costs of the treatment;
• Whether or not the disease or ailment is treatable;
• The period and details of the treatment in the Republic

Fill out the enquiry form on the right, to give us more information on your current status. Once we have all your information, we can assess whether or not you will qualify for the requested visa.

How can we help you , please email us to info@samigration.com whatsapp 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 Visas

https://g.page/SAMigration?gm

 

Alternatively , please contact us on :

 

 

 Whatsapp  Tel No : +27 (0) 82 373 8415

 

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )

Tel No admin : +27 (0) 64 126 3073

Tel No sales : +27 (0) 74 0366127

Fax No : 086 579 0155

 

Do Employers Face Consequences for Hiring Unauthorized Workers?

Sa Migration – 08 June 2022

Worksite immigration enforcement has increased, but still few employers charged with illegal hiring

The recent immigration enforcement raids at several chicken-processing plants in Mississippi netted hundreds of arrests and dozens of criminal indictments against undocumented workers. But the action brings up a long-standing question, especially in an era of increased worksite enforcement: Where are the charges against the employers for hiring unauthorized workers?  

Nearly 700 people were arrested at seven chicken processors in the largest operation of its kind in more than a decade. About 300 were released shortly thereafter with orders to appear before an immigration judge, while the rest were detained. Another 100 from one of the affected facilities were reportedly fired after the raid. Online court documents show that dozens of workers have since been indicted on charges ranging from illegal re-entry into the country to fraud.

However, no charges have yet been brought against the companies, owners or managers. Why?

Employer Investigations Take Time

"There is no doubt that the companies are under investigation by Immigration said Bruce, an attorney operating in this sector . Immigration are targeting employers with high staff employment with low skill jobs in the agriculture , hospitality , factories etc 

Those warrants show that immigration suspected the companies of willfully hiring and employing undocumented workers, predominantly a civil offense under the Immigration Act federal law.

Home Affairs Minister has stated that anyone, including employers, found to have broken the law would be held accountable and  declined to comment on whether any employers will be charged, citing the ongoing investigation. Employers will be prosecuted if it's proven beyond a reasonable doubt that they violated the law.

Julie Myers Wood seized from the companies to determine whether the employers should face charges, said Julie Myers Wood, CEO of investigative and compliance consultancy Guidepost Solutions and former director of ICE under President George W. Bush.

Workplace raids became a hallmark of the current Minister of Home Affairs .

Criminal charges can be brought against managers and business owners, and large numbers of unauthorized workers can be identified and potentially removed during worksite raids,.

"However, we are seeing more use of undercover agents at worksites and workers cooperating with the government as witnesses, which may lead to quicker employer prosecutions," she said.

Civil penalties for employers hiring or continuing to employ undocumented workers range are high .per employee for second and third offenses. Employers can face criminal charges, and owners and managers can face up to six months in prison if a pattern of hiring unauthorized workers is established.

www.samigration.com

 

New visa system introduced in South Africa

Businesstech -8 June 2022

 

The Department of Home Affairs (DHA) has introduced a centralised adjudication system for visas. The new system will mean that all long-term visa applications submitted through a South African embassy or high commission are being sent to the Home Affairs head office in Pretoria.

Previously, these applications were adjudicated and finalised by consular officials within the missions, says Moeketsi Seboko, immigration manager at Xpatweb.

“What we know so far is that the purpose of the centralised system is to ensure consistency and uniformity in the application of the Immigration Act and regulations toward the adjudication of visa submissions.

“The implementation of this new system is seen as an attempt by DHA to enhance the integrity of its Immigration Department and to show efforts to align systems in the interest of national security whilst contributing to the recovery of the economy.”

Issues 

The Department of Home Affairs had been made aware that there are inconsistencies and arbitrary rules by officials at missions which have led to consular officials requesting non-prescribed requirements for the same visa application, Seboko said.

At times, these requested requirements can change weekly depending on the official receiving the documents, which often results in an inconsistent and unpredictable adjudication process. Although this is not the case with all missions, as some are compliant and enforce the correct visa application processes and procedures, Seboko said.

“We welcome the new system and are of the opinion that with proper and systemic implementation, the centralised system will improve on the effectiveness and uniformity in the adjudication process of long-term visa applications.

“However, like with any structural change, teething problems are expected and are currently affecting expats and their employers around the globe. An example of this is greatly increased processing times of visa applications as a result of a bottleneck due to the vast number of visa application received at the Department of Home Affairs head office from the missions.

“One can only hope that the Department of Home Affairs is being proactive and jumping on implementing measures to mitigate further delays in the release of visa application outcomes and also to increase the staff complement at DHA Head Office to relieve the pressure of the volume of applications received.”

Xpatweb called for a more permanent and robust solution to address the ever-evolving immigration standards.

www.samigtration.com

 

 

Home affairs does not target African migrants, says Motsoaledi

News24 – 8 June 2022

 

• The Department of Home Affairs says it is not targeting migrants from the African continent.
• Home Affairs Minister Aaron Motsoaledi attempted to dispel the notion that migrants from European countries were not investigated.
• MPs in the National Council of Provinces have raised concerns about the apparent targeting of African migrants.

Home Affairs Minister Aaron Motsoaledi has attempted to dispel the notion that his department mainly focuses on African migrants and not those from European countries.

This is contained in a report of the National Council of Provinces' Select Committee on Security and Justice on its evaluation of the 2022-'23 home affairs department budget vote and annual performance plan.

The long queues at home affairs offices, digitising documents, border security, and immigration issues were some of the main challenges MPs highlighted.

The committee also raised concerns that it was not receiving reports on the arrests of illegal migrants.

Furthermore, committee members were concerned that the department mainly focused on African migrants and not those from European countries.

"The minister responded that due to the nature of investigations, the information is not always forthcoming, but they are doing work behind the scenes discreetly. The minister also wanted to correct the wrong perception that they are only chasing illegal migrants from the African continent," the report read.

The report added:

As a result of the 2010 World Cup legacy project, any flight from any country, 24 hours before arrival, has to send a list of all passengers, and they are stopped before coming to South African borders. The department does not solely focus on African illegal immigrants.

Last month, Motsoaledi admitted that South Africa's immigration system needed a complete overhaul.

He conceded that only 13 officials dealt with an avalanche of corruption cases that were borne out of immigration offences.

But he gave an assurance that 12 new staff members would be added to the department's counter-corruption unit, including analysts, researchers and investigators.

Last month, a senior Department of Home Affairs official was dismissed for approving the permanent residency application of self-proclaimed prophet and fugitive Shepherd Bushiri.

Bushiri, his wife, Mary, and three others are accused of fraud involving around R102 million.

WATCH | The paradoxes of Bushiri

Journalist Maynard Manyowa reflects on his relationship with the self-proclaimed prophet while working for him. He is a complex man who means many different things to different people, and his every word and action will always draw stark polar contrasts. His loaded with contradiction and paradox, and the jury is out, on what kind of a man he truly is.

At the time of their bail hearing, home affairs officials suggested that the Bushiris should be considered a flight risk and denied bail. However, they were granted R200 000 bail each.

In 2020, the Bushiris fled to Malawi.

Meanwhile, MPs also wanted an update on the progress and challenges related to the implementation of the Border Management Authorities (BMA).

WATCH | Staged miracles: Self-proclaimed prophet Shepherd Bushiri walks on air

Journalist Maynard Manyowa shares with News24 what happened behind the scenes when self-proclaimed prophet Shepherd Bushiri made the infamous clip showing him walking on air. "In reality, two men off-camera had lifted him up, then zoomed his feet as he dangled his legs in a walking motion," he told News24. The video backfired spectacularly but gave the church hitherto unseen mileage.

Motsoaledi responded that the BMA was a branch that was still incubated in the department, and work was under way to make it a stand-alone entity by April next year.

"The BMA Act provides for nine ministers to be part of an inter-ministerial committee selected by the president. The BMA is going to bring government departments together. Those police officers at the border posts reporting to SAPS will have to choose whether to be transferred to BMA. The proclamation allows the president to transfer certain functions from one minister to another, and the president may transfer staff.

"Department of Health officials will also be transferred to BMA. No transfers will be made from the South African National Defence Force or SA Revenue Service. Implementation protocols will determine the collaboration with BMA in terms of the working arrangements," he said.

www.samigration.com