New quotas to limit hiring of foreigners in South Africa: minister

Businesstech – 20 June 2022

Employment and Labour minister Thulas Nxesi says his department is in the process of finalising two new documents which will tighten employment laws, including limitations on the hiring of foreigners.

Nxesi was responding to complaints by truck drivers this week which led to a major blockage of the N3 highway. One of the key complaints raised by the drivers is that jobs are being taken by both legal and illegal foreign workers.

One of the key ways that government plans to address this is through the proposed National Labour Migration Policy, Nxesi said. 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.

Employment Services Amendment Bill

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

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Immigration Inspectorate cracks down on South African employers

SA Migration – 17 June 2022

1South Africa’s immigration policy is once again up for review. It has recently emerged that, since 2010, approximately 330 000 foreigners have overstayed their South African visas and remained in the country illegally. This is commonly viewed as the result of government failing to significantly invest in methods aimed at policing illegals residents. This is, however, only the tip of the iceberg and the government is well aware of the need to successfully implement a policy framework to ensure that South Africa’s immigration policies stand alongside those of leading world powers.

On 23 April 2015, the Honourable Minister of Home Affairs, Malusi Gigaba, advised parliament that the Department of Home Affairs is working towards completing a new International Migration White Paper aimed at overhauling South Africa’s entire immigration policy framework.

Investment into immigration worker visas

Of particular relevance to South African businesses is the Minister’s assertion that R118 million is to be invested in increasing the capacity of the Immigration Inspectorate over the course of the next 3 years. The Inspectorate is tasked with the policing of illegal foreigners within South Africa and the increased capacity will allow it to focus on the effective detection and prosecution of companies employing undocumented migrants and foreigners whose visas have expired. The Inspectorate will be looking to increase the frequency of raids on companies suspected of employing illegal foreigners in an attempt to clamp down.

Repercussions of employing illegal foreigners

The Immigration Act imposes substantial fines and terms of imprisonment for companies and employers who are deemed to have knowingly employed illegal foreigners and it is clear that the inspectorate, with the backing of the Department of Home Affairs, has deemed this area to be one which requires more stringent regulation. As a result, it is becoming increasingly necessary for companies to ensure that they are compliant with all aspects of the Immigration Act at all times. A failure to do so, is likely to lead to severe repercussions.

Are you employing illegal foreigners?

Companies currently employing illegal foreigners and wishing to legalise their staff can contact us at overstay appeals for further information and assistance.

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Australia: Immigration Applications Processing Updates

17 June 2022 – Fragomans

Following the reopening of international borders on February 21, 2022 for fully vaccinated visa holders, the Department of Home Affairs continued immigration processing across all visa cases and is currently working through a large backlog of pending visa applications. Fragomen has observed delays in processing across all visa types, including onshore visas requiring the completion of health examinations.

Health examination bookings through Bupa Medical Visa services are currently limited in New South Wales and Victoria, adding to general visa processing delays. Processing delays continue for applications linked to occupations that are not on the Priority Migration Skilled Occupation List (PMSOL).

However, Fragomen has noticed that more recently lodged applications are being processed within standard time frames, including improvements in the time frames for offshore TSS 482 visa applications due to access to health examination appointments.

The Department of Home Affairs continues to prioritize occupations on the PMSOL and in critical sectors and will process applications in accordance with government processing priorities.

www.samigration.com

Cut visa processing times, Home Affairs told, business complains of shortage of workers

SMH -  17 June 2022

Federal officials have been told to act on an “extraordinary” backlog in visa applications for thousands of skilled workers at a time when employers claim they will have to shut down if they cannot find a solution to chronic labour shortages.

With experts warning of “gridlock” in the visa system, incoming federal ministers have put the backlog at the top of their agenda in a bid to speed up decisions when the number of skilled foreign workers in Australia has slumped to half the number seen a decade ago.

People are waiting months for their visa applications to be processed.

Official figures show the number of skilled foreign workers leaving Australia exceeded the number coming into the country in April, highlighting the pressure on the labour market when employers say they are waiting too long to have new visas approved.

Immigration Minister Andrew Giles has asked the Department of Home Affairs to act on the problem as a priority given the concerns put to him by the community before he was sworn into office last week.

But the scale of the backlog is difficult to measure because the previous government did not release figures on the number of applications for the 482 visa for skilled foreign workers or most other visa classes, although other measures have hinted at the growing wait for visa decisions.

“The extraordinary delay in the processing of visa applications has been raised by the community and with the former Liberal government for many years,” Giles said in response to questions from The Sydney Morning Herald and The Age.

“Processing outstanding visas applications is a priority for the Australian government. I have raised my concerns with the current state of visa processing with the Department of Home Affairs, and we are committed to ensuring that visa applications are processed in a timely manner.”

Abul Rizvi, a former deputy secretary in the Department of Immigration, said public data showed the number of people on bridging visas had blown out to more than 300,000 individuals over the past decade, a measure of the number of people waiting in Australia for decisions on visa applications across all categories.

Rizvi said anecdotal evidence suggested there was “gridlock” in decisions on visa applications from people outside the country, such as skilled foreign workers.

“It’s just absolutely jammed and complaints are coming from every direction,” he said.

“Migration agents are tearing their hair out. Because of the way Home Affairs deals with issues, you can’t actually speak to a human being to find out what’s happening. Without more resources, it will remain gummed up.”

Rizvi said 8970 skilled foreign workers arrived in Australia in April but 9230 departed, resulting in a net outflow of 260 workers on the 482 visa category at a time when the country is meant to be opening up and filling labour shortages.

Australia had more than 195,000 skilled temporary visa holders in Australia in June 2014 but only 96,000 in March 2022, an outcome Rizvi blamed on changes under the former government that made visa applications more bureaucratic despite public claims about attracting people to Australia after the pandemic.

Prime Minister Anthony Albanese acknowledged the problem in his public remarks in Jakarta on Monday when he said he believed Australia should be “more welcoming” to visa applicants from Indonesia and other countries.

But the problem is more widespread. Officials are yet to confirm the scale of the backlog and the incoming government is yet to determine whether the solution will require a change to the design of the system, the administration of the rules or the resourcing of the department.

Australian Chamber of Commerce and Industry chief Andrew McKellar said employers were reporting significant barriers to finding skilled workers including “excessive” costs for visas and “protracted” processing times.

“Greater resourcing is needed to reduce protracted visa processing wait times. The current delays just aren’t good enough when so many businesses are left without staff and therefore can’t afford to stay open,” he said.

“To make the skilled migration system more accessible and responsible, we need to open employer sponsored migration up to all skilled occupations.”

Australian Industry Group chief Innes Willox said employers could pay up to $25,000 for a 482 visa for a skilled worker, making it an expensive process when they could not find enough local workers. He said the previous 457 visa cost about $10,000.

“That might mean hiring fewer workers and missing out on contracts or losing opportunities to grow,” he said.

ACTU secretary Sally McManus said the priority should be to train local workers.

“Under the previous government the visa system prioritised the needs of employers above all else and facilitated the wide-spread exploitation and abuse of temporary migrant workers including systemic undercutting of minimum wages in many sectors,” she said.

“The visa system should prioritise permanent migration aimed at filling genuine skill gaps, paired with a renewed commitment to skills training and ensuring that where local workers can fill a job or be trained to do so, that is always the first option.”

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