The Fair Work Ombudsman and the Department of Home Affairs have made surprise inspections this week of about 40 Sydney businesses employing migrant workers.

Businesses, mostly in the food sector, were inspected across Sydney’s CBD: Circular Quay, Darling Harbour, Barangaroo South, Haymarket, Walsh Bay and The Rocks. Businesses were also inspected in the suburbs of Surry Hills, Alexandria, Eastern Creek, Narrabeen, Crows Nest, Chester Hill and Chullora.

Fair Work Inspectors checked time and wage records to ensure that vulnerable migrant workers were being paid their correct wages and entitlements. They also checked whether employers’ record-keeping and pay slips were compliant with the Fair Work Act.
The focus of the joint inspections was on fast food outlets, restaurants and cafés, but inspections also extended to businesses in the health and community services, road transport and manufacturing sectors.

The on-the-ground inspections, which took place from Tuesday to Thursday, targeted those employing sponsored visa holders under the Temporary Skills Shortage (subclass 482) visa program. In Australia, ‘chef’ is one of the top occupations for sponsored visas holders.

Home Affairs Sponsor Monitoring Unit officers provided employers with information about migrant worker protections under the Migration Amendment (Strengthening Employer Compliance) Act, which came into effect in July this year to combat the exploitation of temporary migrant workers.

The Australian Government has introduced the Strengthening Reporting Protections Pilot and Workplace Justice Visa Pilot to address migration-related barriers that can deter temporary migrants from reporting exploitation or seeking workplace justice. The Department of Home Affairs is administering both pilot programs.

Fair Work Ombudsman Anna Booth said the Sydney inspections were part of a continuing national program of audits by the FWO and Home Affairs that assess the compliance of approved sponsors of temporary migrant workers.
“Fair Work Inspectors together with Home Affairs officers have been on the ground in Sydney this week holding employers to account,” Ms Booth said.

“Workplace breaches that involve migrant workers may be particularly serious as these workers can be vulnerable to exploitation. We find they are often unaware of their workplace rights or unwilling to speak up if something seems wrong.

“It is crucial visa holders know that they have the same workplace rights as all other workers, and protections for visas exist if they call out workplace exploitation. We urge workers with concerns about wages and entitlements to reach out to us.”

Ms Booth noted that the fast food, restaurants and cafés sector remained a priority area for the FWO and urged employers to prioritise compliance.
“Employers should access our free tools and resources to ensure they’re meeting their obligations, or contact the FWO directly for free advice.”

Home Affairs Commander Field Operations and Sponsor Monitoring, Ben Biddington, said the joint activity reinforces that Australia will not tolerate exploitation and abuse of migrant workers or its visa programs.
“Migrant workers play a key part in the economy. There is no place in Australia for employers who exploit them,” Commander Biddington said.

“Our message is clear to employers: do the right thing and abide by your obligations. Don’t exploit vulnerable workers or abuse our visa regime — there is no excuse and the consequences could be severe.”

A particular focus Home Affairs officers brought to this joint activity was ensuring sponsored visa holders were not subject to exploitation, were working in nominated positions and were not abused by excessive hours or unsafe work practices.
“It has never been easier for employers to do the right thing,” Commander Biddington said.

“They are able to easily check the work rights of prospective employees by using Home Affairs’ dedicated Visa Entitlement Verification Online system to ensure they do not inadvertently allow illegal work.
“The new laws make it a criminal offence for employers to use a person’s immigration status to exploit them in the workplace.”
Criminal penalties include up to two years’ jail and/or a fine of up to $118,800.

The FWO’s investigations continue after the concluded site visits.
The joint inspections follow similar audits of food businesses in Brisbane in October.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. A free interpreter service is available on 13 14 50. Information can also be provided to the FWO anonymously, including in 16 languages other than English.

The FWO has resources for visa holder workers. The FWO also has interactive tools to help employers and employees in the fast food, restaurants and cafés sector, and for any franchisees.
Employers can also use the FWO’s pay calculator and Small Business Showcase. Employees can also seek information from their employer or their union, if they are a member.
More information on changes under the Migration Amendment (Strengthening Employer Compliance) Act can be found at Migrant worker protections (homeaffairs.gov.au)

In recent years, South Africa has emerged as a popular destination for Black American retirees. This trend is driven by a combination of factors, including economic opportunities, personal security, cost of living, and natural beauty.

The Allure of South Africa
South Africa offers a unique cultural experience, with a rich tapestry of local and international cultures. The country's diverse traditions and heritage provide a fascinating opportunity for Black Americans to explore their roots and connect with African culture.

Economic Opportunities
South Africa boasts a thriving economy, with Johannesburg serving as the continent's economic hub. The country offers numerous opportunities for business, corporate careers, and entrepreneurial ventures. Cities like Johannesburg and Cape Town attract professionals, entrepreneurs, and creatives, providing a dynamic environment for career growth.

Personal Security
While South Africa has its challenges with crime, there are many safe areas, especially in parts of Cape Town and Johannesburg. Comparisons can be drawn to cities like Detroit and New Orleans, but the general standard of living and quality of life in South Africa's safer areas are often higher.

Cost of Living
The cost of living in South Africa is significantly lower than in the USA. Groceries are over 60% cheaper, rent is more than 70% cheaper, and general consumer prices are over 50% lower. For Black Americans with foreign income or remote work arrangements, this translates to a comfortable and affordable lifestyle.

Natural Beauty
South Africa's stunning landscapes, from majestic mountains and beautiful coastlines to vast savannahs, offer a breathtaking backdrop for retirees. The country's natural beauty rivals that of the USA, providing a sense of familiarity while offering new experiences.

Education and Entrepreneurial Ventures
South Africa is home to reputable universities and research institutions that attract international students and academics. Black Americans pursuing higher education or academic careers will find appealing programs and research opportunities. The country's supportive policies for small businesses also make it an attractive destination for entrepreneurs looking to tap into growing markets.

Community and Connection
For many Black Americans, moving to South Africa is deeply fulfilling, providing a sense of identity and belonging. An emerging community of Black American expatriates, particularly in Cape Town, offers support and resources for new arrivals. Social media platforms further facilitate connections and integration, easing the transition and enhancing the appeal of relocation.

Racial and Political Climate
Systemic racism and social justice issues in the United States have driven some Black Americans to seek refuge in environments where they feel safer and more respected. While South Africa has its own complex history with apartheid, some expats find navigating these issues easier than in the U.S. The country's ongoing efforts to address inequality and promote human rights present opportunities for meaningful political activism and social justice work.

Conclusion
South Africa offers Black American retirees a unique blend of personal growth, economic opportunity, and cultural exploration. Its schools, businesses, and supportive programs create an inspiring environment for expatriates. The chance to immerse oneself in diverse cultures, learn new languages, and explore breathtaking landscapes makes South Africa an appealing destination for those seeking a new chapter in their lives.

Applying for a South African visa can be a complex and daunting process. To ensure a smooth and successful application, it's essential to be aware of the common mistakes that can lead to delays, rejection, or even denial of your visa application.
In this guide, we'll outline the top 10 mistakes to avoid when applying for a South African visa, providing practical examples and solutions to help you navigate the process.
1. Incomplete Documentation
Ensure you have all required documents and forms filled out correctly before submitting your application.
•    Mistake: Submitting an application without a crucial document, such as an employment contract.
•    Solution: Double-check the Department of Home Affairs website or consult with an immigration professional to ensure you have a complete list of required documents.
2. Incorrect Visa Category
Applying for the wrong visa category can lead to delays or rejection. Make sure you understand the different visa options and choose the one that best suits your needs.
•    Mistake: Applying for a work visa instead of a business visa.
•    Solution: Research the different visa options available and carefully assess which one aligns best with your purpose for immigration.
3. Insufficient Financial Proof
South Africa requires applicants to demonstrate sufficient funds to support themselves during their stay. Make sure you provide accurate financial statements and proof of income.
•    Mistake: Underestimating the amount of financial documentation required.
•    Solution: Gather all documents that demonstrate your financial stability, including bank statements, payslips, tax returns, or proof of investments.
4. Lack of Medical Clearance
Some visa categories require applicants to undergo medical examinations. Ensure you have a valid medical clearance certificate from an approved healthcare provider.
•    Mistake: Forgetting to factor in the medical examination requirement.
•    Solution: Familiarize yourself with the medical examination requirements for your specific visa category and schedule your appointment well in advance.
5. Overstaying a Previous Visa
Overstaying a previous visa can have serious consequences for your current application. Make sure you comply with all visa conditions and leave the country before your visa expires.
•    Mistake: Overstaying a tourist visa by a few weeks.
•    Solution: Always comply with the visa conditions and depart South Africa before your visa expires.
6. Incorrect Application Form
Using the wrong application form or filling it out incorrectly can lead to delays or rejection. Double-check the requirements for your visa category and ensure you use the correct form.
•    Mistake: Using an outdated version of the application form.
•    Solution: Download the latest application form directly from the Department of Home Affairs website and double-check the form requirements for your specific visa category.
7. Inadequate Supporting Documents
In addition to the main application form, you may be required to submit various supporting documents. Make sure you provide all required documents, that they are up-to-date, and that you provide originals or certified copies when requested.
•    Mistake: Relying on photocopies of educational certificates instead of providing the originals.
•    Solution: Ensure all supporting documents are original or certified copies, and that they are translated into English if necessary.
8. Failure to Seek Professional Advice
Immigration laws and procedures can be complex. Seeking advice from a qualified immigration consultant can help you navigate the process more effectively and avoid costly mistakes.
•    Mistake: Navigating the complex spousal visa application process without professional guidance.
•    Solution: Consider consulting with a registered immigration practitioner consultant or consultant familiar with South African immigration processes.
9. Planning for Renewals
Don't wait until the last minute! Initiate the renewal process for your visa well before its expiry date.
•    Mistake: Leaving the renewal process until the last minute, resulting in delays or disruptions to your stay in South Africa.
•    Solution: Start gathering documents and initiating the renewal process at least 3-4 months before your visa expires.
10. Keeping Original Documents Secure
Safeguard your original documents throughout the immigration process.
•    Mistake: Losing or misplacing original documents, leading to delays or complications in the application process.
•    Solution: Store your original documents securely in a locked drawer, cabinet, or safe deposit box, and make digital copies for backup purposes.
By avoiding these common mistakes, you can significantly increase your chances of a successful South African immigration experience. Remember to stay organized, informed, and proactive throughout the process.
Staying Organized and Informed
•    Regularly check the Department of Home Affairs website for updates on immigration policies and procedures.
•    Connect with local expat communities for insights and support from those who have already navigated the immigration process.
•    Approach the process with a positive attitude and a willingness to adapt if any challenges arise

Overview
The Department of Home Affairs has published the allocation of points and criteria for the General Work Visa and Critical Skills Work Visa under the new points-based system to adjudicate work visa applications.
•    The new points-based system has reduced documentary requirements as compared to the previous immigration process for these visas, and is expected to reduce processing times for the General Work Visa and Critical Skills Work Visa.
•    Applicants applying for a Critical Skills Work Visa must score at least 100 points by having an occupation listed on the critical skills list. Those applying for a General Work Visa must score at least 100 points under a points-based system that includes factors such as educational qualifications, salary level, years of experience, language skills and the status of their employer.
•    Update October 23, 2024: The Department of Home Affairs has made an amendment to the allocation of points under Employer Status for the General Work Visa criteria.

The situation
The Department of Home Affairs has published the allocation of points and criteria for the General Work Visa and Critical Skills Work Visa, effective October 8, 2024.

A closer look
•    Eligibility for either visa. Under the published criteria, applicants must score a total of 100 points to qualify for either visa (though the criteria and points differ as indicated below) and must submit a valid police clearance and medical report, among other documentary requirements.

•    Critical Skills Work Visa eligibility. Applicants for a Critical Skills Work Visa must score at least 100 points by having an occupation listed on the critical skills list. Those who do not qualify can apply for a General Work Visa.

•    General Work Visa eligibility. Applicants for a General Work Visa must score at least 100 points under the following criteria:
Criteria    Explanation    Allocated Points
Qualifications
     National Qualifications Framework (NQF) level 9 (master’s degree) and 10 (doctoral degree)    50
    NQF levels 7 (bachelor’s degree or advanced diploma) and 8 (bachelor’s degree, postgraduate diploma or bachelor honors degree)    30
Salary based on employment
     Above ZAR 976,194 gross salary per year    50
    Between ZAR 650,796 and ZAR 976,196 per year    20
Work experience
     5-10 years    20
    More than 10 years    30
Employer status    Offer from Trusted Employer Scheme Company    30 (previously 20), per change on October 23, 2024
Language skills    Proficient in at least one official South African language    10

Impact

Companies intending to hire foreign nationals under a General Work Visa or Critical Skills Work Visa will benefit from streamlined and more transparent work visa processing and reduced administrative requirements (i.e., a letter from the Department of Labour is no longer required for either category). The system is also expected to reduce processing times for both visa types.
The new points criteria under the Critical Skills Work Visa is expected to boost the South African economy by attracting critical talent required in technology, healthcare and engineering, among other sectors important to the development of the economy. Moreover, this streamlined process will make it simpler for companies to hire workers to fill these in-demand highly skilled positions.
Background

•    Previous work visa regime. The previous process involved extensive and strict documentation requirements for each visa, including difficult-to-obtain documents like a letter from the Department of Labour and proof of membership to an accredited professional body. Additionally, the processing times were long (up to an estimated six to nine months). An average of 52% of all Critical Skills Visa and General Work Visa applications were rejected between 2014 and 2021 under the previous work visa regime due to missing or outdated documents, which ultimately led to an extensive visa adjudication process. This resulted in companies’ inability to recruit qualified professionals on a timely basis.

•    History of adoption of points-based system. The Department of Home Affairs published the regulations on the new points-based system in May 2024 after the draft amendments were withdrawn because the public comment process was not completed before the regulations were implemented, and details around the regulations were not clear when they were published.

•    Points-based systems in immigration landscape. Points-based immigration systems have long been a key strategy for managing economic migration worldwide by offering a transparent and merit-based approach to selecting foreign workers. Australia, Canada, New Zealand and Singapore are among the countries that utilize such systems.

South Africa is a popular destination for expats, offering a unique blend of urban and natural environments. When it comes to finding accommodation, there are several options to consider, from renting apartments to buying freestanding houses.

Renting vs. Buying
Most foreigners moving to South Africa on temporary visas opt for long-term rentals. To rent, you'll need a valid visa that permits renting, and landlords will require proof of income and a security deposit. Buying property is also an option, but you'll need a long-term visa and access to South African bank accounts.

Best Areas to Consider for Expats
South Africa has several cities that are popular among expats, each with its unique character and advantages.

Johannesburg
Johannesburg, or "Joburg," is a great option for young professionals, with affordable housing and a range of job opportunities in finance, telecoms, and technology. Rivonia is a popular area for expats, with modern amenities and good security.
Cape Town
Cape Town is known for its stunning natural beauty, cultural diversity, and vibrant expat community. The city boasts a range of neighborhoods, from upscale areas like Sea Point and Camps Bay to more affordable options in the suburbs.
Durban
Durban is a coastal city with a warm climate and affordable housing. The city has a diverse expat community and offers a range of outdoor activities, including surfing and hiking.

Types of Property in South Africa
South Africa offers a range of property types, from apartments and townhouses to freestanding houses and security complexes.

Apartments
Apartments, or "flats," are a popular option for expats, especially in urban areas like Johannesburg and Cape Town. Prices vary depending on location, size, and amenities.

Freestanding Houses
Freestanding houses are more expensive than apartments but offer more space and privacy. They're often found in suburban areas and are popular among families.

Townhouses
Townhouses, or semi-detached houses, are a more affordable option than freestanding houses. They're often found in built-up areas and offer a compact, multi-story living space.

Security Complexes
Security complexes, or gated communities, offer a secure and private living environment. They're often found in urban areas and offer shared facilities like pools, braai areas, and clubhouses.

Property Search Options
When searching for property in South Africa, there are several options to consider:

Property Search Sites
Websites like Private Property and Property24 offer comprehensive listings for rental and sales properties. For short-term rentals, consider sites like Airbnb and Gumtree.

Property Agents
Property agents are a popular option for expats, offering a trustworthy and knowledgeable service. Consider agencies like Engel & Voelkers, Pam Golding, and Rawson.

How to Rent Property in South Africa
Renting property in South Africa involves several steps:
1.    Ensure you have a valid visa that permits renting.
2.    Research areas and properties thoroughly.
3.    Sign a rental agreement outlining terms and conditions.
4.    Pay a security deposit and first month's rent.
5.    Clarify utility and maintenance responsibilities.

Pros and Cons of Living in South Africa
South Africa offers a unique and rewarding lifestyle, but there are also challenges to consider:
Pros
•    LGBTQ+ friendly
•    Friendly and welcoming communities
•    Diverse culture and natural beauty
Cons
•    High crime rate
•    Load shedding (rotational blackouts)

Conclusion
Finding accommodation in South Africa requires research and planning. Consider factors like location, safety, and amenities, and don't hesitate to seek advice from property agents or expat communities. With the right approach, you can find a comfortable and secure home in South Africa.