Saudi man wins Home Affairs fight

Saudi man wins Home Affairs fight

Daily Voice – 8 June, 2022

A Saudi Arabian man has finally won a three-year battle against Home Affairs after they unfairly rejected his application for a spousal visa.

Father of two, Nadir Abdul Majeed, 30, says despite being married for three years and being a university graduate, he was not allowed to work or live in South Africa because his visa had been rejected due to administrative bungles.

In January the depressed dad told the Daily Voice how he and his Ottery family were struggling because he could not even enrol for an internship despite having a B.Com degree from Stellenbosch University.

Wife Saarah Jasmin, 25, says they were contacted by attorney Stefanie de Saude Darbandi.

“She was in contact with us before but she needed an advocate to litigate the matter at the High Court.

“She contacted us after the article (was published) and helped us with the paperwork.

“We had to take 300 pages to the police station to get it signed. We were waiting for a court date when we got a call saying there is an outcome.”

The couple was overjoyed when they were told that Nadir’s visa had arrived.

Stefanie, from De Saude Darbandi Immigration Attorneys, says she enlisted the help of Advocate David Simonzs and together they took Nadir’s case to the High Court.

“The application was rejected again for another reason and this was the last appeal.

“We sent a letter to Home Affairs informing them to set aside the ruling or go to court.

“We were contacted by the state attorney who indicated that an outcome was ready and that is when we obtained the visa,” she explains.

She adds: “About 70% of the applications are wrongfully rejected and an application like this costs between R60 000 to R180 000 just to get a High Court date and many cannot afford this.”

Nadir says he is now looking for an internship.

“Right now I am excited and applying for internships at accounting firms so I can help build a better life for my family,” he says

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New UK work visa to exclude graduates from Africa

New UK work visa to exclude graduates from Africa

Mail & Guardian – 08 June 2022

Graduates from African universities will not be eligible for the United Kingdom’s High Potential Individual (HPI) visa aimed at attracting highly skilled graduates from non-UK universities to work in various fields, including science, technology and entrepreneurship in the country.

Barring a change in plan, the UK will start receiving applications for the HPI on 30 May. Prior to the expiry date of the two to three years’ work allowed by the HPI visa, holders can obtain permits to guarantee their continued stay and employment in the UK.

But not all bachelor, masters and PhD degree holders will qualify for the work opportunity.

According to the UK Home Office, prospective applicants are expected to have bagged their degrees, during the past five years prior to applying, from the list of top 50 universities featured in at least two of the following three ranking systems: Times Higher Education, Quacquarelli Symonds and the Academic Ranking of World Universities.

About 40 institutions from the United States, France, China, Hong Kong, Australia, Germany, Canada and Japan feature on the list.

Notably, no African university meets this requirement. This has sparked questions about the exclusionary slant to the visa policy on the one hand and, on the other hand, the quality of education offered by universities in Africa.

“I believe Britain is unfair to African graduates, using the ranking of universities as a criterion for engagements,” said Professor Olusola Oyewole, the secretary general of the Association of African Universities (AAU), maintaining that every university is unique in its mission and purpose.

“The UK is wrong to assume that graduates from high-ranking universities are more skilled than graduates from Africa.”

Oyewole noted that world ranking indices — such as academic reputation, employer reputation, faculty to student ratio, citations per faculty, international faculty ratio and international student ratio — favour long-established universities and that these disadvantaged African universities “because of their relatively young age”.

“I do not want to make excuses for African universities because their mission may not be the same as those of Europe and America that had been in existence for many hundreds of years. [But] a ranking system that considers the number of Nobel laureates as a measure of academic reputation may not favour African universities,” said Oyewole, the former vice-chancellor of the Federal University of Agriculture, Abeokuta, Nigeria.

The poor rating of African universities does not make their products necessarily inferior to graduates in other climes, Oyewole said. “It is only a reflection of the funding and support given to the institutions on the African continent.”

He said many graduates from Africa, having survived in their immediate environment, perform whenever they have opportunities to further their studies outside the continent.

Oyewole said that with the right facilities, funding and conducive environments, African graduates have been found to be resilient, resourceful and highly innovative in the world of work.

“Many foreign-based students and academics cannot survive or operate in the difficult academic terrain of many institutions in Africa, where funding is scarce. Yet the African academics find means of surviving and contributing to development with little resources,” he said.

“While the UK might have put up its own criteria, it is encouraging that other countries, like Canada and the United States, have found that graduates of African universities are resourceful and innovative and they have risen to challenges.”

Professor Mahfouz Adedimeji, the vice-chancellor of Ahman Pategi University in Kwara State, Nigeria, said the new UK visa regime appears to be skewed against Africa.

With more than 25 000 universities globally, the top 50 ranking represents a paltry 0.2%, the Fulbright scholar observed, saying the US and UK universities would make up the bulk of the percentage, while most African, Asian and South American universities would not feature in the list.

“[Universities] operate under peculiar circumstances. It would have been better for the new policy to attract the best 10 universities in each continent, for example.

This would have been more inclusive,” Adedimeji said.

At the time of publication, the UK Home Office had not yet replied to an inquiry about its educational criteria for the visa.

The varying contexts of operation notwithstanding, most African universities, especially government-owned institutions, are plagued with poor funding, resulting in low-quality research outputs and a dearth of infrastructure.

“That is why we are on strike,” said Professor Emmanuel Osodeke, the president of the Academic Staff Union of Universities in Nigeria, attributing the three-month ongoing industrial action in Nigeria’s federal universities to the government’s failure to implement a 2009 agreement seeking revitalisation of the institutions and better working conditions.

“In the [19]60s and [19]70s, the University of Ibadan [in south-west Nigeria] was one of the best in the world. Today, it is 1 172nd in the world,” said Osodeke.

“Let us develop our universities. We have the brains, human resources and other resources, but the problem is misplaced priorities,” he added, drawing on the lavish spending of political elites in the country.

“Politicians are paying NGN100‑million ($241 600) to buy presidential forms. NGN100‑million would fully furnish a biochemistry lab in a Nigerian university.

“Most of them get the money from the government. Every country has a right to put a limit to who should come to their country or not. We should develop our own country.”

In Nigeria, for instance, the budgetary allocation to education is embarrassingly low, pegged at 5.68% of the national budget in 2021 and reduced to 4.30% in 2022.

Adedimeji said: “Similar patterns of underfunding education persist in many African countries, hampering development.” He added that a lack of commitment to adequate funding constitutes “a bane” to university education in Africa.

“This is where African governments and stakeholders have to show commitment to higher education funding. African universities are still largely in the Global South characterised by the digital divide. Technology is expensive and it requires a lot of funding and investment,” he said.

Admitting the setbacks Adedimeji identified, the AAU secretary general also blamed the plight of African universities on poor remuneration and low research funding by governments.

“Criteria used for ranking favour the high-funded, research facilities-endowed institutions which can engage and retain quality research and engage high-calibre academics, including many Africans in the diaspora. This does not mean that African researchers are inferior to researchers from other continents,” he said.

“Many African universities find it difficult to attract foreign academics and researchers because they cannot afford to pay their salaries. This makes them uncompetitive with respect to the international faculty ratio, which is one of the criteria in the world ranking systems. Indeed, the low level of remuneration paid to African academics makes them non-competitive with foreign universities.”

That African universities are excluded from the new UK visa policy is a wake-up call that we need to do more as Africans to be more globally competitive, Adedimeji pointed out, urging that teaching has to be reinvented, research deepened, service strengthened and infrastructure rejigged.

“The low ranking of universities in Africa should be a clarion call on African governments and institutions to invest more in their higher education institutions,” Oyewole agreed.

In his paper, titled Higher Education in Africa: Facing the Challenges in the 21st Century, Professor Goolam Mohamedbhai, the former secretary general of the AAU and a former vice-chancellor of the University of Mauritius, recommended institutional, national and regional approaches to tackling the issues.

He advised African governments, universities and all stakeholders to plan, innovate, collaborate, develop policies and show commitment to implementation, concluding that “there is no reason why African countries cannot transform these challenges into opportunities to make their higher education sector a vibrant and productive one”

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South African work visas: Here’s the truth about 5 common myths

South African work visas: Here’s the truth about 5 common myths

Sa Migration – 08 June 2022

We have a question for you – can a foreign national start working for you as soon as the work visa application has been submitted?

If your answer was either “Yes’ or “I don’t know”, keep on reading.

There are many (costly) misconceptions around South African work visas, and we’ve put together a guide to the five most common ones for employers.

MYTH 1: A South African work visa enables the visa holder to work for any company in South Africa

TRUTH: South African work visas only allow visa holders to work for the employer stipulated in the visa conditions. It is illegal for the visa holder to work for another company. Similarly, it is illegal for an employer to hire and allow a foreign national to work for them if that person’s visa is endorsed for work at another company.

MYTH 2: We can quickly and easily transfer a work visa from one company to another

TRUTH: The visa holder must apply for a new work visa if he or she wants to move to a new employer. That means once again submitting a full visa application with all supporting documents. This process is referred to as a ‘change of conditions’ but it is no quicker than any other visa application. The Department of Home Affairs also doesn’t process these applications faster. You can still expect to wait x to x weeks on an outcome.

MYTH 3: Renewing a visa is much quicker and easier than a first-time application

TRUTH: Renewals is as much work as the original visa application in most cases. Unfortunately, renewing a visa also doesn’t happen faster than a first-time visa application. Our advice is to start initiating the visa renewal process 9 to 12 months prior to the expiry date of the work visa.

MYTH 4: I can let a foreign national commence employment with my company as soon as they have submitted their visa application

TRUTH: Any foreign national may only start working for you once they have received their work visa. That person does not have the right to work for you while they’re waiting on their visa’s outcome, regardless of how long the process might take.

MYTH 5: Once an employee has worked in South Africa for 5 years, he or she can apply for permanent residence

TRUTH: The only people who can apply for permanent residence with 5 or more years of work experience are those with a work visa considered under Section 19 of the Act. Intra-company transfer work visas, corporate work visas, exchange visas and student visas do not count towards eligibility for permanent residence.

Please note that critical skills work visas works differently to the rest of the eligible work visas:

For all work visas other than the critical skills work visa, the applicant must have gained the work experience in South Africa while on a South African work visa. However, if a person who applies for a critical skills work visa already has 5 years of experience at the time of submission, he or she could apply for permanent residence immediately. This work experience does not have to be from working in South Africa; it can also be from experience gained outside of South Africa.

Want to get into the specifics?

If you’d like to discuss any of the points in our guide with a consultant, please feel free to call us on numbers below . Alternatively, email us and a consultant will be in touch within 24 hours.

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

 

Email - info@samigration.com

 

Landline :  +27 ( 0) 21 879 5560 – Head Office – Cape Town

     +27  (0 ) 12 880 1490 – Johannesburg / Pretoria

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

Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127

 

Kind Regards

 

Rod Maxwell – IP ( SA )
CEO
Sa Migration International
Tel No office   :      +27 (0) 82 373 8415

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

Tel No sales     :      +27 (0) 74 036 6127
Fax No          : 086 579 0155

Email:          rod@sami.co.za
Web Sites : www.sami.co.za
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How to protect yourself from being detained as an illegal foreigner

How to protect yourself from being detained as an illegal foreigner


SA Migration – 07 June 2022


In an attempt to tighten national security in South Africa,  Minister Gigaba has been a strong acting force in having the department raid various businesses around the Western Cape, looking for undocumented workers (once again). According to one article, as many as 25 illegal foreigners are being picked up daily, from various places in the Western Cape , Durban , Eastern Cape , Johannesburg and Pretoria  . You can read more about the raids . See a video of the operations which took place last year under the name operation fiela.

To be legal in South Africa, you must have a valid visa in your passport. If you find yourself in South Africa without a valid visa, it is important to have documentation in place to show you are in the process of remedying your status, which may provide you with some relief from an immigration official. Documentation can be in the form of a receipt of application for a new visa (from VFS) or a Form 23, which allows a foreigner status in South Africa pending a good cause application which has been submitted to the Department of Home Affairs.

Given the current safety issues in South Africa, it is not advisable to carry original documentation with you, especially passports. However, it is advisable to have copies of your passport and visa, or at least proof of receipt/good cause application on you at all times. Home Affairs officials are entitled to ask for these documents at any time, and if not readily available, are entitled to detain you for a period of 48 hours whilst your status is verified. Therefore, it is also important that a family member, friend or colleague is aware of where your passport and paperwork is in the event it needs to be brought into SAPS or DHA for verification.

If you find yourself in a predicament where you do not have legal papers or a visa, you can contact us and we can advise you on the best way forward for your particular situation.

www.samigration.com

 


Ryanair admits creating Afrikaans test that blocked South Africans at airports — Report

Ryanair admits creating Afrikaans test that blocked South Africans at airports — Report

MyBroadbad – 7 June 2022

 

Low-cost airline Ryanair has confirmed it asked travellers with South African passports to complete a quiz in Afrikaans before being allowed to board their planes, News24 reported.

The airline reportedly said it is responsible for ensuring passengers are correctly documented for travel to their destination, per Section 40 of the UK Immigration and Asylum Act 1999.

It said there had been a recent increase in passengers attempting to travel on fraudulent South African passports.

Ryanair also said it conducts “procedural security profiling” to identify passengers who must complete its test.

“Our handling agents may request passengers travelling on a South African passport, and who are flagged during procedural security profiling, to complete a simple questionnaire, as an additional safety assessment to confirm whether they are correctly documented before travel,” the airline stated.

“As language proficiency is the least intrusive further safety assessment method, this questionnaire is conducted through Afrikaans, one of South Africa’s most prevalent official languages.”

According to Stats SA, Afrikaans is South Africa’s third most-spoken home language (12.2%) and tied for the third most-used language outside the home with Sepedi (9.7%).

Stats SA’s latest data on the most-spoken languages in South Africa comes from its 2018 General Household Survey. The 2019 and 2020 surveys do not contain language demographic data.

isiZulu was the most prominent home language and the most-spoken language outside the home. Over a quarter of South Africans reported speaking the language inside and outside the home.

Although English was the sixth-largest home language (8.1%), it was the second most-spoken language in South Africa outside the home (16.6%).

Crucially, Stats SA’s data does not measure literacy in these languages.

 

Ryanair’s comments to News24 follow MyBroadband’s report about complaints from travellers claiming to have received the test, several of which included photographs of the question paper.

One of the travellers, Catherine Bronze, agreed to a voice call on Facebook messenger on Thursday and told MyBroadband that Ryanair prevented her and her 11-year-old son from boarding their plane.

Her incident had occurred about two weeks prior.

She said an official told her the form had been put in place by the British government.

They were flying from Ireland West Airport Knock to the UK after visiting her daughter in the Republic of Ireland.

Despite providing the officials with her and her sons’ biometric residence permits, she was forced to leave the airport and return to her daughter when she didn’t score full marks on the test.

Her husband, who has a British passport, flew to Dublin to fetch them, and they managed to leave via Dublin airport.

SAFM’s Stephen Groottes interviewed Nomfundo Dlamini, programme manager for productive cities at the South African Cities Network, who said several of her colleagues with UK work permits were also presented with the form.

Complaints included South Africans flying from Portugal, Ibiza and Dublin to London, and people flying from the UK to the Republic of Ireland.

Ryanair’s test questions are reproduced in the table below. The original Afrikaans is on the left, including poor grammar and typographical errors.

General knowledge test questions for UK entry

Original question

English translation


Watter van die volgende is Suid-Afrikaanse hoofstede? (Pretoria, Johannesburg, Bloemfontein)

Which of the following are South African capital cities? (Pretoria, Johannesburg, Bloemfontein)


Wat is Suid-Afrika se amptelike geldeenheid?

What is South Africa’s official currency?


Noem drie van Suid-Afrika se amptelike tale.

Name three of South Africa’s official languages.


Aan watter kant van die pad moet ‘n mens bestuur in Suid-Afrika?

On which side of the road must you drive in South Africa?


Wat is Suid-Afrika se internasionale landkode?

What is South Africa’s international dialling code?


At is die naam van die grootste stad in Suid-Afrika? [sic]

What is the name of South Africa’s biggest city?


Wie is die huidige president van Suid-Afrika?

Who is South Africa’s sitting president?


Noem een van Suiod-Afrika se nasionale vakansiedae. [sic]

Name one of South Africa’s national public holidays.


Wat is die naam van die hoogste berg in Suid-Afrika?

What is the name of the highest mountain in South Africa?


Wat is die naam van die bekende berg in Kaapstad wat sommige glo is een van die oudste berge in die wêreld?

What is the name of the famous mountain in Cape Town that some believe is one of the oldest in the world?


Wat is Suid-Afrika se nasionale blom?

What is South Africa’s national flower?


Wat is Suid-Afrika se Nasianale dier? [sic]

What is South Africa’s national animal?


Waar is die Uniegebou?

Where are the Union Buildings?


Wat is Suid-Afrika se nasionale kleure?

What are South Africa’s national colours?


Watter een van die volgende is ‘n bekende Suid-Afrikaanse rivier? (Geel/Oranje/Pers rivier)

Which of the following is a well-known South African river? (Yellow / Orange / Purple river)


Despite several attempts to contact Ryanair’s media relations department for comment, the low-cost airline did not respond to our questions.

MyBroadband reached out to the British High Commission in South Africa, the South African High Commission in London, and the South African Department of International Relations and Cooperation (Dirco). None answered their phones or responded to emails.

However, the British High Commission in South Africa said in a post on Twitter that the questionnaire was not a UK government requirement.

Dirco had also told Eyewitness News’ radio journalists for 702 on Friday evening that it was deeply concerned about the reports and was still investigating the matter with its UK counterparts.

Only the Irish Foreign Affairs department responded to MyBroadband’s requests for comment.

Second secretary for the Embassy of Ireland in South Africa, Paul Evans, said that Irish authorities do not require a language proficiency or general knowledge test.

However, Evans also highlighted that all travellers must be able to satisfy the Immigration Officer at the Port of Entry that they have a valid reason for entering Ireland.

“You may also be requested by airline staff at check-in to provide additional documentation to support your case,” he said.

This is at the discretion of the airline and includes, but is not limited to:

  • Return ticket
  • Proof of accommodation
  • Bank statements showing you have sufficient funds for the duration of the stay
  • Passport must be valid for six months before the date of return, and must have two blank pages
  • Medical/travel insurance

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