South Africa Working Visas

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.

www.samigration.com

• SA Visa /
• Citizenship

Citizenship Options

• South African Citizen by Descent
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Deprivation of Citizenship
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Acquisition of the citizenship or nationality of another country

South African Citizen by Descent:

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

South African Citizen by Naturalisation:

Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalisation, two years after receiving his or her permanent residence at the time of marriage.

A child under 21 who has permanent residence Visa qualifies for naturalization immediately after the Visa is issued.

Automatic loss of Citizenship.

This occurs when a South African citizen:

Obtains citizenship of another country by a voluntary and formal act, other than marriage, or;

Serves in the armed forces of another country, where he or she is also a citizen, while is at war with South Africa.

Deprivation of Citizenship:

A South African citizen by naturalization can be deprived of his citizenship if;

The certificate of naturalisation was obtained fraudulently or false information was supplied.

He or she holds the citizenship of another country and has, at any time, been sentenced to 12 months imprisonment in any country for an offence that also would have been an offence in South Africa.

www.samigration.com

Boris Johnson wants first ‘illegal’ migrants flown to Rwanda in six weeks

Evening Standard – 17-04-2022

 

The Prime Minister wants to see the first migrants handed a ‘one-way ticket’ to Rwanda flown out in roughly six weeks as the Government battles to curb Channel crossings.

Boris Johnson is reportedly keen for the first flight carrying those deemed to have arrived in the UK illegally – including those taking to the water to embark on the perilous journey in small boats – to leave late next month, marking the start of plans to move thousands within the next few years.

But the Government is braced for the widely criticised plans to be challenged in the courts, which could prove an obstacle to their progress.

Andrew Griffith, the director of policy at No 10, said it is hoped the scheme will be operational in “weeks, or a small number of months”.

Asked when he expects the first person will be sent to Rwanda, the Conservative MP told BBC Newsnight: “It doesn’t require new legislation – we think that we can do this under the existing conventions.

“And therefore this should be possible to be implemented and operationalised in weeks, or a small number of months. So we are ready to go in that sense.”

Both Mr Johnson and Home Secretary Priti Patel have acknowledged the plans could be challenged in the courts.

Andrew Griffith, the director of policy at No 10, said it is hoped the scheme will be operational in ‘weeks, or a small number of months’ (Aaron Chown/PA) / PA Wire

The costs of the programme remain uncertain, but The Times reported that each migrant sent to Rwanda is expected to set British taxpayers back between £20,000 and £30,000.

The newspaper said this would cover accommodation both before and after the journey, as well as the cost of a seat on the flight itself.

It comes as the Home Secretary has struck a £120-million economic deal with Rwanda, and cash for each removal is expected to follow.

On Thursday, protesters wielding signs with the message “refugees welcome here” gathered outside the Home Office, declaring their intention to “fight back” against the move.

Charities condemned the plans as “cruel and nasty”, claiming they would fail to address the issue and cause more “suffering and chaos”, while criticising Rwanda’s human rights track record.

But Mr Johnson insisted the scheme was not “draconian and lacking in compassion”.

Giving a major speech in Kent, he said the agreement was “uncapped” and Rwanda would have the “capacity to resettle tens of thousands of people in the years ahead”.

He said the partnership would be “fully compliant with our international legal obligations”, while insisting Rwanda was “one of the safest countries in the world”.

Johnson insisted the scheme was not ‘draconian and lacking in compassion’ (Matt Dunham/PA) / PA Wire

“But nevertheless, we expect this will be challenged in the courts,” Mr Johnson added, as he hit out at what he called a “formidable army of politically motivated lawyers”.

During a visit to the Rwandan capital of Kigali, Ms Patel said the Home Office was prepared for legal challenges, as she accused lawyers of “fleecing the British taxpayer”.

Stephanie Boyce, the president of the Law Society of England and Wales, warned there were “serious questions” about whether the plans complied with international law.

“It is particularly disappointing – this week of all weeks – the Government is repeating misleading suggestions that legal challenges are politically motivated,” she said.

“If the Government wishes to avoid losing court cases, it should act within the law of the land.”

Labour MP Nadia Whittome, who attended the protest outside the Home Office, said the “incredible” turnout showed the Government had “badly misjudged the mood of the country” on the issue.

She said: “I think people’s response to Afghan refugees, to Ukrainian refugees… people of this country have been so, so much more generous than this Government.

“I think most people that you know agree, it’s not a Sudanese engineer who put up our energy prices by 54 per cent. It’s not a Syrian labourer who got rid of all our council homes and then didn’t build any more.

“It’s the fault of this Government that people are struggling. People don’t have the lives that we deserve.”

Labour leader Sir Keir Starmer called the plans “unworkable”, “extortionate” and an attempt to distract from Mr Johnson being fined for breaching his own pandemic laws.

The deal with Rwanda is understood to effectively be a fresh removals arrangement, where those deemed by the Government as inadmissible under UK asylum rules will be relocated.

It is thought the East African nation’s government will process the claims and those who are successful will be provided Rwandan refugee status.

This would be different from plans to offshore processing of UK asylum claims, which would involve sending migrants to another country or location while their applications are determined and then returned once approved.

Home Secretary Priti Patel signed the historic £120 million deal with Rwandan officials during a visit to the capital Kigali;

Mr Johnson insisted Rwanda was one of the safest countries in the world;

It emerged the first migrants to be sent from Britain will be put up in a former tourist hostel with scenic views over the city;

The scheme – including Home Office charter flights to Rwanda – is likely to cost between £20,000 and £30,000 a head;

The naval operation in the Channel was given a mission to make sure 'no boat makes it to the UK undetected';

The PM said it was his aim to bring the numbers arriving in the country illegally 'down to zero', but admitted that was unlikely 'any time soon';

www.samigration.com

Mitchells Plain Home Affairs sees people queuing  for hours in cold and rain with no guarantee of service

Groundup - 17 Apr 2022  

‘Most of us have been standing here since 3am’ says 60-year-old man.

Over 100 people braved the cold morning drizzle to queue outside the Department of Home Affairs (DHA) in Mitchells Plain on Wednesday. Most were there to apply for identity documents or register births.

At 7am, Home Affairs officials started asking people near the front of the line what assistance they needed. At 8am, security sanitised and allowed the first ten people inside the gate.

Rasheed Galant, 60, who had covered himself with a black plastic bag, wanted to apply for a temporary ID. “I left my home in Lentegeur hurriedly to join the queue and only realised when I arrived around 3am that I don’t have a jacket and it’s drizzling … It’s cold … Pregnant women are just standing here with no assistance or chair to sit on. Most of us have been standing here since 3am,” he said.

Galant, who said he lost his job at a construction company in Hanover Park during Covid-19, said he borrowed R100 to pay for transport for a round trip to Home Affairs.

“I promised to pay it back when I get my R350 [Covid Grant]. I came here two weeks ago, but the machines [computers] were offline. At Sassa they refused to serve me without an original copy from DHA,” he said.

Vandim Willaims said he arrived at 2am to apply for a temporary ID. He complained that people are not treated with dignity at the Home Affairs office, as there was no shelter, seating or toilets available for those who are forced to wait for hours to be served.

“I have seen people sleeping outside DHA offices; others selling their ticket numbers to other people. When Home Affairs officials come in, they don’t even greet. They see us as animals. People are frustrated,” he said.

Nicky Davids, brought her two children to apply for IDs. “Why don’t they suggest that Home Affairs goes once a year to schools to register learners for ID? Now parents are missing work and children missing school. We have to sit the whole day and sometimes without getting service,” she said.

People from Mitchells Plain, Philippi, Delft and surrounding areas queue for hours outside the Home Affairs office. Some are sent away without being helped. (Photo: Tariro Washinyira)

Also at the gates of Home Affairs was a group of protesters supported by Democratic Alliance (DA) members. They were demanding that the office increase staff in order to help more people per day. They also want staff to be professional when dealing with clients, for the long queues to be addressed, and for adequate facilities to be provided for people coming to the office during winter.

They handed over a memorandum, signed by ward councillors, to DHA office manager Shereen Meyer and district operations manager Irmgard Michaels.

Meyer told GroundUp: “We will attend to the memorandum. I still have to go via my principals and then we will respond.”

Home Affairs was given two weeks to respond after which members of the provincial parliament have promised to escalate the matter.

Ricardo Mackenzie, DA Member of the Western Cape Provincial Parliament, said: “We call for an urgent debate on service delivery matters in Home Affairs because when Home Affairs don’t work South Africa doesn’t work … We are sitting with undocumented individuals with no IDs because of Home Affairs’ failure to document people properly. Last year in the parliamentary debate, Home Affairs said they are busy addressing … almost a year later nothing has been done,” he said

We don’t have the capacity and resources, says Home Affairs Gauteng manager

IOL – 17 Apr 2022

Johannesburg - Department of Home Affairs Gauteng provincial manager Mamokubung Moroke admitted during the DA’s visit today to the Home Affairs office in the Johannesburg CBD that they lacked resources and capacity to handle the large number of people coming to the department.

This comes after DA leader John Steenhuisen led a DA delegation on an oversight inspection of the Home Affairs office in the Johannesburg CBD.

During the inspection, Steenhuisen said the department’s systems were broken, and they were not serving residents or immigrants who were trying to sort out their legal documents.

“The problem is with the Home Affairs Department. You can see the dysfunctionality, and I am glad the DA gets things done. We have two trucks here today that they sent because they knew we were coming,” he said.

While chatting to the individuals in the queue, the DA leader said he discovered that the queue usually runs down the street with no shelter and people have to pay up to R100 just to secure a place in the queue.

However, Gauteng DA leader Solly Msimanga said he was shocked to see the department’s trucks outside the building because normally there is nothing when he passes by.

“We were talking to a lady in a queue who has been here from 4am. Why does it have to take us coming here for her to get assistance, why does it have to be that way?

"We cannot live in a country where people only do their job because there is somebody else sitting in their background or watching them. People need to do their job each and every single day and take pride in that. This is why we have a country that is falling apart,” he maintained.

He also explained that they were going to reach the minister and find out the step that can be taken to ensure that the system does not go off-line.

According to the DA, their inspection today was to check if the systems were operating well and if people were being assisted in a good manner.

Philisiwe Khumalo, one of the people in the queue, said she had come to the department numerous times and still did not get the help she needed. “The problem is my ID, and when I come here, they say it’s not on the system and I should have had it for several months,” she said.

Addressing the media after meeting with the management, Steenhuisen said electronic systems should be introduced at Home Affairs, so that they would know who could enter the country and who could not.

“Our sympathies are with the Zimbabwean national who was killed last week in Diepsloot. That is the ultimate end where you misdirect the anger.

"The anger should be here at Home Affairs, outside the Union Buildings and Parliament because its government ministers are falling so fundamentally,” he said.

He said Operation Dudula and other operations would have devastating and dangerous consequences for South Africa.

www.samigration.com