SA’s transgender population in hurtful battle to change gender markers at Home Affairs

SA’s transgender population in hurtful battle to change gender markers at Home Affairs

01 May 2022 – Daily Maverick

 

Facing challenges when applying for a gender marker change at Home Affairs is not uncommon. Inadequate training by Home Affairs officials around Act 49 of 2003, the Alteration of Sex Description and Sex Status Act, can lead to inappropriate questions, unreasonable demands and outright denials during the application process.

Approaching a Home Affairs branch is an unwelcome prospect for many South Africans. Long waits, bureaucracy and paperwork are hardly something to look forward to. But for those approaching Home Affairs to change their gender marker, there is an added layer of stress: the fear that they are going to need to justify their existence throughout each step of the process.

This was the experience of Alice Robus, a Cape Town resident who has approached Home Affairs twice in the past 18 months, in an attempt to change her gender marker. During her first attempt, Robus claimed to have been faced by a “revolving door of excuses and hindrances” that prevented her from completing her application.

 Robus first approached the Wynberg Home Affairs office in April 2021, after about a year of hormone therapy. She had all the documents required for a legal change of her gender marker and forename. 

Aside from a Smart ID or ID book and a birth certificate (preferably unabridged), transgender individuals applying for a gender marker change need to present two letters from two separate medical professionals confirming that they have undergone surgical or medical treatment resulting in gender reassignment. This requirement is laid out in Act 49 of 2003, in the Alteration of Sex Description and Sex Status Act.

Alice Robus, a Cape Town resident, has attempted to apply to change her gender marker and forename twice in the past 18 months. Both times, she has encountered obstacles to completing the process. (Photo: Supplied / Alice Robus)

Alice Robus

“Early one morning, after psyching myself up, I get up and head to the Wynberg Home Affairs. With me, I have two sets of letters,” said Robus, adding that one letter was from her doctor, the other from her psychologist.

At first, the process of preparing her applications went smoothly. She filled out the relevant paperwork and took it to the births and deaths section of the branch, where such applications are processed. The person on duty was polite and quick to assist in processing her fingerprints and forms. 

However, problems began to arise at the point when the man assisting her went off to dial the Home Affairs head office in Pretoria to file her application.

Actual changes to the population register need to be done by the National Home Affairs office, at their head office in Pretoria, according to Be True 2 Me, a non-profit organisation that supports the South African transgender and gender-diverse community. Local Home Affairs offices simply process the paperwork to send to Pretoria.

“[The Home Affairs official] comes back to me with: ‘Pretoria says you need a surgeon’s report confirming the [gender-reassignment] surgery’,” said Robus. 

However, Act 49 of 2003 does not require a transgender person to show they have had surgery in order to change their gender marker. The “medical treatment” described in the act encompasses hormone therapy. Robus therefore refused to accept this requirement.

“Now… he shows me my two letters, and says the two letters are from the same doctor’s practice, which isn’t going to work. But I say no, they’re from two separate medical professionals. They just work in the same building,” said Robus.

The Home Affairs official then claimed that the two letters were “too similar”, as they followed the same template in confirming that Robus had undergone medical treatment resulting in gender reassignment. The official described this as “suspicious”.

When Robus continued to argue with the official, she was referred to a supervisor. At this point she was told that, while the previous reasons for denying her applications were “nonsense”, she would not be able to complete the process without a psychiatrist’s letter.

“This is brand new. I had never heard of the requirement for a psychiatrist letter in advance,” said Robus.

Robus ultimately left the Home Affairs branch without completing the application process, having been told by the supervisor that even if her application went through, the head office would most likely deny it. The time she spent waiting for results would therefore be wasted.

“What’s sinister to me about it is almost this knowledge of the anxiety we have about the timeframes, sort of like holding this threat of ‘your application is not going to go through’ over my head to get me to shoo and come back with a psychiatrist’s letter,” said Robus.

In April 2022, Robus once again approached a Home Affairs branch – this time in Cape Town CBD – to change her gender marker and forename. In support of her application, she presented two letters from the same doctor and psychologist who had confirmed her medical treatment before.

While this time, her application to change her gender marker was allowed through, she was told she could not apply to change her forename at the same time, as this is not permitted by Home Affairs. This means that Robus will need to wait months – perhaps even years – for her updated identity information, only to apply for yet another change.

The broader issue

It’s not uncommon for people to encounter difficulties when attempting to change their gender marker at a Home Affairs branch, according to Anastacia Tomson-Myburg, a doctor, activist and educator in the field of LGBTQI rights.

“From what my patients have told me, clerks at DHA [Department of Home Affairs] offices are often ill-informed about the law regarding gender marker changes, may ask inappropriate and invasive questions, or refuse to process applications entirely,” she said.

“Often, applications will be denied because an applicant has not had any gender-affirming surgical procedures (not a requirement, under Act 49). In other cases, applications may be rejected because of a problem with the supporting medical certificates, even if those documents fulfil the legal requirements for the change. For example, I have heard of DHA refusing to accept an application because they considered a psychiatrist not to be a medical doctor.”

Such problems are largely rooted in the training received by Home Affairs officials, said Lee-Anne Walker, executive director of Be True 2 Me. The process for changing people’s gender markers is also not as common as other Home Affairs procedures, meaning that officials may not be familiar.

Training of Home Affairs staff in treating transgender people with respect, and in correctly applying Act 49, is essential, while waiting for changes to the laws surrounding ID documents that would make them more inclusive to transgender populations, said Tomson-Myburg.

Walker emphasised that a person can change their gender marker and forename at the same time. “I think for me, the important thing to get to the community is that they can do it – it’s in the [Home Affairs] standard operating procedure. And just to… ask Home Affairs officials to go and read it,” she said.

“Because Home Affairs takes so long… it’s actually better… to do it at one time. Else you’re just sitting six months for the one, and six months for the other.”

The process of changing an applicant’s gender marker should take six to eight months, said Walker. However, since 2020, the process can take up to two years, with the wait in some cases even exceeding this timeframe. The average wait is about one year.

Ongoing struggle

The experience of being prevented from applying to change one’s gender marker can be very traumatic and painful, according to Tomson-Myburg. Those turned away may also face obstacles in reapplying, such as transport costs and medical appointments.

“This is particularly upsetting if the initial application was compliant with Act 49, and should not have been rejected,” said Tomson-Myburg.

The consequences of having a gender marker on one’s official documents that doesn’t match one’s gender identity are “multiple, and can be very profound”, she continued.

“Many people will struggle to find employment or access healthcare without updated documents. Any situation that requires a person to present an identity document can lead to uncomfortable and inappropriate questioning, or even physical violence, if that document is not congruent with a person’s identity.”

Travelling to certain regions can become difficult, or even dangerous, with documents that don’t accurately reflect one’s gender identity, according to Walker. Banking, too, becomes a challenge.

“There’s a story of a person who went into a bank, a trans guy, presenting male, but had a female ID,” shared Walker. “Before they knew it, the teller said ‘I’ll be with you in a second’. Then a few minutes later, they’re lying on the floor in handcuffs.”

A person should not stop living or progressing because they have a gender marker on their official documents that doesn’t match their gender identity, but it is a pain to go back to various institutions and change documents with the wrong marker later in life, said Walker. For some, the prospect brings their lives to a standstill.

“It’s this everyday anxiety of creating a paper trail that’s wrong. I remember getting my driver’s licence, knowing that this is another thing I’m going to have to fix,” said Robus.

“I still… have my folder of all my certificates from high school and I look at it, knowing that, you know, it’s always going to be in the wrong name.”

Robus is applying for university. Part of the reason she is eager to have her gender marker and forename changed as soon as possible is so that, in three or four years when she gets a degree, the correct information will be on her certificate.

“I don’t want my degree to be like my high school achievements,” she said. “I want it to be in the right name.”

www.samigration.com

 


How South Africans can travel abroad visa-free by teaching English – and how much they get paid

How South Africans can travel abroad visa-free by teaching English – and how much they get paid

Businesstech - ! May 2022

 

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South African passport holders can travel to 104 countries globally visa-free, says Rhyan O’Sullivan, managing director at the TEFL Academy.

“Teaching English overseas provides an opportunity to see the world, without the cost and hassle of long embassy queues and visa paperwork,” said O’Sullivan.

Some of the most popular destinations looking for people to teach English as a foreign language include Thailand, Hong Kong, Brazil and Ireland.

O’Sullivan said that foreign English teachers typically make enough to save between 30% and 40% of their salaries after expenses, thus allowing them to cover bills while enjoying the lifestyle of their chosen country.

When teaching online the typical TEFL salary can vary between $12 -$25 per hour. The cost of living as well as the country one chooses to work in affects the possible salary of a prospective TEFL English teacher.

Here is what you can expect to earn teaching English abroad:

Country

Degree requirement

Average teaching hours per week

Average monthly cost of living

Average monthly salary

Thailand

BA/BS

22

R10 000 – R15 100

R10 900 – R15 900

Hong Kong

BA/BS

20 – 30

R37 100 – R61 900

R37 100 – R99 000

Brazil

Not required

25 – 30

R7 900 – R15 800

R7 900 – R12 600

Ireland

BA/BS

20 – 30

R19 900 – R24 900

~R26 640 – R39 900

As South Africa’s unemployment rate reaches historic highs, tapping into the international job market exposes people to wider pools of available positions in countries with greater economic stability, said O’Sullivan.

He noted that teaching English abroad is a great way to fund an extended overseas stay since it provides an opportunity to earn an income while travelling and living outside of South Africa.

The TEFL Academy offers the following courses to enable various levels of English teaching proficiency (Until 26/04/22, all mentioned courses are on sale, the below pricing is reflective of the standard price):

  • Online level 3 TEFL certificate course (120 hours)R5,995, provides knowledge and skills needed for casual work teaching English aboard when volunteering, backpacking or finding work “in-country”. Access to the course is open for six months; however, students can complete their qualifications within 3 -5 weeks.
  • Online level 5 TEFL diploma course (168 hours)R9,360, provides an in-depth overview of TEFL and is aimed at people who want formal employment teaching English.
  • Combined level 5 TEFL diploma course (168 hours)R13,038
  • Teaching practice course (10-hour webinar)R160, offers real-life teaching experience from anywhere in South Africa. This is designed for the online-only version of the level 5 courses.

“While most visa-free countries do not require more than a passport to clear customs, certain countries may request other documents such as proof of onward travel before allowing you to enter.”

He noted that Covid-19 restrictions may still apply in some destinations; however, if a person has been fully vaccinated and can provide the necessary proof, they generally do not have to quarantine on arrival – although a Covid test may be required.

“Suppose a country does not offer visa-free travel for South Africans. In that case, TEFL certificate holders will need to secure employment at a school in the land of choice and then work with the institution and a relevant embassy to confirm a working visa to go abroad,” said O’Sullivan.

www.samigration.com

 


Teacher shortage to worsen after home affairs cancels Zim exemption permits

Teacher shortage to worsen after home affairs cancels Zim exemption permits

Sunday Times Live – 28 April 2022


Almost 200,000 Zimbabwean nationals will be affected and they don’t hold much hope of getting the relevant visa

The pending exodus of Zimbabwean teachers is set to hit South African schools. 

The teachers are part of the 200 000 Zimbabweans who hold the Zimbabwe Exemption Permit. The permits will not be renewed by the Ministry of Home Affairs. 

home affairs minister Aaron Motsoaledi announced at the end of 2021 that extensions to the permits would not be granted and the affected Zimbabwean nationals would be allowed until the end of this year to get visas.

He said 178,412 Zimbabwean nationals had been granted exemption permits. They now have to apply for a visitor’s visa or a business, relative’s, spousal, critical skills work or general work visa.

But Zimbabwean teachers holding exemption permits said their chances of getting a visa are slim because their employers have to prove to the department of employment & labour why South Africans with the same qualifications could not be appointed to the post.

Thembi Moyo, 36, a teacher at CityKidz, an inner-city school in Johannesburg, said: “I don’t believe my chances of getting a visa are good. They [the department of employment & labour] will need proof that no-one locally can fill the position.”

There are 12 Zimbabweans, including Moyo, at the school who have either exemption permits, special permits or asylum documents.

Moyo, who has been teaching at the school for nine years, said SA is her second home, adding: “We have a lot of parents who are happy with the Zimbabwean teachers.”

Her colleague, Pretty Ndlovu, 53, who teaches English to grade 5 pupils, said she does not know how she will manage financially if she is forced to return to Zim.

“Our country is not financially stable. I am a widow and if I go back, where will I start from? How will I survive? I don’t blame the SA government. Maybe they are running out of resources but they think we, as foreigners, are grabbing up the jobs of locals.”

www.samigration.com

 

 


UK Skilled Worker Visa Immigration Route

UK Skilled Worker Visa Immigration Route

The South African – 26 April 2022

Are you looking to make a career move in 2022? Why not consider a career in the UK under the Skilled Worker visa route.

The Skilled Worker Immigration Route is one of the most popular immigration routes for South Africans coming to the UK. There are, however, many misconceptions about how the route works in practice. The consultants at Sa Migration have subsequently compiled some answers to the most Frequently Asked Questions on the Skilled Worker Visa Route. 

Do I first need to secure employment before I can apply for the Skilled Worker Visa?

Yes. You first need to secure employment in one of the eligible Skilled Worker occupations with a UK registered sponsor employer before you are eligible to apply for it.

The sponsor will provide you with a Certificate of Sponsorship (CoS). This CoS will enable you to apply for the Skilled Worker visa. 

Can my spouse work in the UK if they accompany me on a Skilled Worker Visa?

Yes. Your spouse or partner can apply to accompany you to the UK as your dependant. If your spouse or partner is successful in their application, they will be able to work without any restrictions in the UK. 

Do I require a Police Clearance Certificate for a Skilled Worker Visa application?

Some occupation codes, mainly in the teaching and medical industries, require a Police Clearance Certificate. Your Sa Migration consultant will be able to advise in every case. 

How soon do I need to travel to the UK once my Skilled Worker Visa has been granted?

Initially, you will receive a travel vignette valid for three months. You will have to travel to the UK within these three months of validity. However, you cannot start working for your UK employer more than 28 days from your employment start date as per the Certificate of Sponsorship.

Do the same rules apply if I want to apply for a Skilled Worker Visa for Guernsey instead of the UK?

 Yes, except for a few differences. You still need to first secure employment in one of the eligible occupations with an eligible employer. However, you will not be required to pay the National Health Surcharge. Also, instead of having to obtain a Certificate of Sponsorship from the UK employer, your employer needs to apply for an Employment Permit from the Population Management Department and a Work Permit from the Immigration Department. These permits must be submitted with the entry clearance (Skilled Worker Visa) application. Your Sa Migration consultant will be able to assist you. 

Does the Skilled Worker Visa lead to British Citizenship?

Yes. After spending five years in the UK on the Skilled Worker Visa, you can qualify to apply for Indefinite Leave to Remain. However, holders of Skilled Worker Visas have to fulfil very specific requirements regarding the minimum salary threshold when applying for ILR. Please speak to your Sa Migration consultant for specific advice in your case and to plan your route to British citizenship. 

www.samigration.com


UK Visitor Visa: All you need to know about the visa

UK Visitor Visa: All you need to know about the visa

The South African – 26 April 2022

South Africans who want to travel to the UK as tourists need to apply for a UK Standard Visitor Visa.

It is also important to note that the processing time of UK Visitor Visas is currently about six weeks. So, it is important to plan and apply for your Visitor Visa in time. 

Sa Migration have answered some of the most Frequently Asked Questions on the UK Standard Visitor Visa below. 

Will I be allowed to work while in the UK on the UK Visitor Visa?

The Home Office is very strict on the rule that you cannot do paid or unpaid work for a UK company or as a self-employed person while on a visitor visa in the UK. 

However, they allow some business activities, such as attending interviews, meetings, conferences, etc. We recommend that you speak to one of our consultants to ensure that the work you intend to do falls within the allowed business activities. 

I have a long-term visitor visa for the UK. My daughter is in the UK and having a baby. What is the maximum time I will be allowed to spend visiting my daughter?

You can stay in the UK for up to six months on a UK Visitor visa. Even if you have a two year, five years or ten years long-term Standard Visitor Visa, you are still only allowed to stay in the UK for up to six months at a time. The Home Office strictly forbid repeatedly living in the UK for extended periods via the UK Visitor Visa. 

As we have family in the UK, we are regular visitors. I want to apply for a long-term visitor visa for all our family members. Is it possible to apply for children as well?

Yes, it is possible to apply for children for long-term visitor visas. However, long-term visitor visas will only be valid for up to six months after a child turns 18 years old. One should thus keep the child’s age in mind when applying for a long-term visitor visa. Your Sa Migration consultant will advise in every case. 

I will be visiting friends in the UK on my UK Visitor Visa. I also want to check out the job market and switch to another UK visa while I am there. Is this allowed?

Clients often think that they can visit the UK to check things out, decide whether they want to live and work in the UK, and then apply for another type of UK visa while they are there. 

However, It is important to note that one cannot switch to another type of UK visa while in the UK on a UK visitor visa. You have to return to your home country and submit the visa or permit application from there.

It is only in very exceptional circumstances that a person is allowed to switch while on a visitor visa. Please speak to your Sa Migration consultant for more advice.  

Can I get married to my British partner in the UK while on a UK tourist visa? 

As a general rule, you cannot get married in the UK on a standard visitor visa. 

If you intend to marry your British or settled partner in the UK, you can apply for a Marriage Visitor’s Visa. The application is similar to a standard visitor’s visa; however, you will have to submit evidence confirming that the wedding will occur in the UK and proof of social- and economic ties to South Africa, among other requirements. 

There are no strict financial requirements, but you will have to return to South Africa after the wedding ceremony. If you want to join your partner in the UK, you will have to apply for a Spousal visa from South Africa. You must keep in mind that you will then have to fulfil the financial requirements at this stage. 

www.samigration.com