R e c o g n i s ed R e f u g e e ( S e c t i o n 2 4 P e r m i t )

R e c o g n i s ed R e f u g e e ( S e c t i o n 2 4 P e r m i t )


This means that :
A refugee can apply for permanent residence if he or she has been living in South Africa on a refugee status permit for a minimum of five consecutive years.143 For a recognized refugee to receive a permanent residence permit, the standing committee for refugee affairs must have certified that that person will remain a refugee “indefinitely.”


On March 30, 2004, the Standing Committee for Refugee Affairs published a decision intended to circumscribe the conditions under which certification shall be issued, namely: “…Where the appellant is likely to remain a refugee for the foreseeable future and the “foreseeable future” should be one year.”


Once the South African government has awarded you refugee status. The government will issue you with an identity card which shows that you are a refugee. You will be issued with a renewable Refugee Permit which is referred to as a Section 24 Permit.
You will be entitled to apply for a United Nations Travel Document tha tallows you to travel to any country except your country of origin. Should you travel to your country of origin for any reason, the South African government will stop recognising you as a person in need of protection. You will therefore cease to be a refugee. By voluntarily going back to your country of origin, you will be indirectly saying that you are safe there, hence you will no longer deserve protection or refugee status. Refugees have the right to work and enjoy most of the rights in the South African Constitution except the right to vote.


It is possible for refugees to eventually get a South African passport after a long period of time, which will entitle you to travel anywhere in the world including your country of origin should your fear of harm disappear. This will also entitle you to have a South African identity card and to be able to vote.
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Vetting foreign nationals tedious but necessary

Vetting foreign nationals tedious but necessary

 

The Citizen – 20 April 2022

 

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

 

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the department of home affairs (DHA) and the department of labour are again taking steps to curb the employment of illegal foreign nationals living in the country.

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

Consequently, the DHA has taken action and established an anticorruption unit comprised of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.

Companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.

The Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014 both clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa.

However, there are still companies who employ candidates without doing the necessary checks ensuring they adhere to the regulations put forth in both amended Acts.

This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment – not to mention the bill for repatriating the individual to their home country.

 

As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.

In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration.

 

For small to medium enterprises, one such exercise could possibly cripple their business and force closure. For larger corporates, the full weight of the decision would be cast on the human resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.

It could also lead to the DHA and the labour department conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

 

The question will always be what HR departments can do to protect their company when employing foreign nationals. It is imperative to incorporate updated vetting processes when employing foreign nationals.

 

Fine-combing each job applicant is a tedious, but necessary, task, which forms part of the HR duties and obligations.

Understanding permit and visa types, which categories they belong to and what the accompanying regulations say about employment on that permit or visa, is just as important. While it is a challenge to stay current with legislation, it is not impossible.

There are numerous platforms and resources available to HR departments. Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.

 

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards. For large corporations, this can be a daunting hurdle to overcome.

 

Calling on the experience of an immigration specialist with a sound knowledge of immigration and employment laws, as well as permit and visa requirements, will provide the necessary peace of mind that employees have been vetted accordingly.

 

An immigration provider that is well versed on the specifications and requirements from the governmental stakeholders, will know the best course of action to eliminate any risk to the company. Failing which, make sure they offer specialist legal services, should there arise any legal dispute.

 

How can we help you , please email us to info@samigration.com whatsapp me on:

 +27 82 373 8415, where are you now? check our website : www.samigration.com

 

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

Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155

 

 

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REFUGEES AND ASYLUM SEEKERS PERMIT Change To Temporary Residence

REFUGEES AND ASYLUM SEEKERS PERMIT Change To Temporary Residence


Major News and hope : We are one of the few organisations getting Emptions & waivers approved !!!!
Apply Now for Temporary and Permanent Residence even with EXPIRED LOCKDOWN PERMITS
The Constitutional Court in November last year handed down a judgement in the Ahmed matter as well as a Court Order opening the door for Asylum Seekers and Refugees to apply to change their status to that of a mainstream Visa under The Immigration Act.
The Department has issued a Directive empowering the VFS offices (representing Home Affairs ) elsewhere to take in any application for a change of status and any waiver that may be required from an Asylum Seeker Temporary Visa or Formal Recognition Permit.
Further, it is important to note that not just any holder of an Asylum Seeker Temporary Visa or Formal Recognition of Refugee Status can apply for either a Temporary or Permanent Residence. They would first
have to qualify in the applicable category of a mainstream visa under the Immigration Act,
Under the new rules they don’t have to cancel their asylum or refugee status and can change to any visa class if they qualify from within
South Africa
www.samigration.com

Criminal Record – Visa Stuck – Paid an AOG ( Admission of Guilt ) fine – We can remove it . Frequently Asked Questions

Criminal Record – Visa Stuck – Paid an AOG ( Admission of Guilt ) fine – We can remove it . Frequently Asked Questions

There is no doubt that the expungement laws in South Africa can be confusing and convoluted. Our goal at Sami is to provide a one stop resource for South African expungement information.

Here is a list of the most common frequently asked questions about removing a criminal record: • Do I qualify to remove my criminal record? • Is it legal to remove my criminal record? • What is expungement? • Why is an expungement firm essential? • Why is expungement important? • Who is eligible for the standard 10 year expungement? • What if I have multiple convictions? • What can I expect from Sami? • What are the benefits of getting my criminal record expunged? • How many applications are successful? • What if I have already applied? • How long does it take? • Is there a way to speed up the expungement process? • I don't qualify for the standard 10 year expungement, what other options do I have?

• How can we help you , please email us to info@samigration.com whatsapp me on: • +27 82 373 8415, where are you now? check our website : www.samigration.com • • Alternatively , please contact us on : Sa Migration International • Whatsapp Tel No : +27 (0) 82 373 8415 • Tel No office : +27 (0) 82 373 8415 ( Whatsapp ) • Tel No admin : +27 (0) 64 126 3073 Tel No sales : +27 (0) 74 0366127 Fax No : 086 579 0155 • www.samigration.com


My trip to Home Affairs - An unforgiving journey : Reinhardt Biermann

My trip to Home Affairs - An unforgiving journey : Reinhardt Biermann

News24 – 20-04-2022

 

Citizens often have to take off several days to sort out their documentation at Home Affairs.

London-based lawyer Reinhardt Biermann details his journey of first trying to sort out his passport in the UK before it expired in May, before coming to South Africa, where the process wasn't much better. 

As is the case for many South Africans, as well as foreigners, I recently had to apply for documentation at the Department of Home Affairs (DHA).

My journey, which is the only word to describe this experience, started in January 2022, when I tried to make an appointment with the High Commission in London to renew my passport. 

I am currently working in London, and was perhaps a bit overzealous when I thought that my passport, which is expiring in May of this year, could be renewed timeously. Friends also told me I would just need to bite the bullet and be patient over the coming months. 

Nothing, however, prepared me for the 'customer experience' that the DHA has created for South Africans. 

Journey kicks off 

The current process in the UK requires South African citizens to first make an online booking with the High Commission and DHA, and only once an appointment date has been allocated can you submit your application in person and complete the requisite biometric tests. 

For several weeks, no email response was forthcoming from the High Commission. If one does follow up via email, you are shut down with a standard response which refers to 'volume commitments'. The person who responds does not add their name, which is a clever way to ensure you never know who you are speaking to and avoid accountability or continuity. 

Nearly two months after applying, I still had not received an appointment date. I made several calls to the High Commission without any progress. The DHA, which is the responsible office, didn't even answer their phone. 

I then sent emails to several different people at DHA, Dirco and the consulate, asking how I could lay a formal complaint about the service I was receiving. No response or clarification was forthcoming, but I eventually received an appointment date for two weeks later in London. 

This appointment date, together with an (alleged) four- to eight-month waiting period for my passport, meant that I would receive the document far beyond the expiry date. I would, in effect, therefore have no valid country documentation while being abroad. I also pointed out all of these details in an email, but I guess I should take responsibility for waiting so long to apply. 

Let's make a road trip 

I then decided to rather apply in South Africa at the DHA office in Paarl, Western Cape, while visiting family. I recognise that not everyone is able to make such travel arrangements, and in fact, the majority of South Africans are dependent on their local DHA offices for assistance. 

The current waiting period at the banks, which were added to streamline the process for smart ID cards and passports, exceeds two months and some are also starting to cease such services completely. This was therefore not an option. 

In Paarl, I packed some water and food (forgetting sunscreen), expecting I might wait a short while to enter the building and submit my application.

I eventually stood outside the office for the entire day without making any progress and being burnt in the sun. I had to return the next day (with a preferential ticket), as home affairs employees indicated that they were not being paid overtime and would stop providing services around 16:15. It is not clear what the exact office hours are at the department, but it seems that it is not 08:00 to 17:00. 

I then had to take time off again on a separate day to collect the passport. During this time only five people were helped with collections over a period of just under two hours. 

I was fortunate to only spend only a couple of excruciating days in the DHA queues, but this can take weeks or longer for many.

What kind of journey was it 

Without going into the extreme depths of DHA boringness, the worst of the experience was the fact that young mothers with children and the elderly are obliged to stand outside of the building in Paarl the boiling hot sun for hours on end, with no seating, shading or toilet facilities. Several people sit on the tar road waiting for their chance to enter the office. As winter approaches, the same situation applies, even if it is rainy or windy.  

A further issue adding to the discomfort is that no effort is made by the DHA to inform those queuing of the expected waiting times and how many people can be attended to in a day. On this basis, people are forced to take annual leave to go the DHA offices. In  some instances this might mean putting in three days leave to first wait outside the building, come back the next day (if they could not submit their application) and collect their document on another day. 

My simple question therefore, to the DHA, the Director-General, and the various Deputy Directors-General, whom I understand are responsible for an annual budget from the fiscus, and charge extra money for each application filed at the DHA offices, is how is this acceptable in this day and age? Why has the whole experience at the DHA been normalised across the entire South Africa and even abroad? 

I accept that officials at the High Commission in London were not particularly interested in assisting me (I am not responsible for resourcing at DHA and will therefore not conjure up excuses on their behalf), but this has reached a new low point in public service administration. As an example, it is a well-known fact that the Paarl Home Affairs office has serious queues daily and a lack of infrastructure for more than 10 years. The building has remained the same size since 2010. No effort has been made to create better facilities such as toilets, shading or seating and no reasonable indication is given of how long the process is likely to take.

The people that work at the office are helpful, but the entire system is mired with problems at each and every corner - meaning the current personnel are overworked, overburdened and forced to do more than expected of them. 

At the DHA office, I picked up that very few people in the queue are actually from Paarl, with some driving from other locations as the Paarl office is considered a better DHA office than others in the Western Cape area. I understand that the Worcester office recently didn't have cables for internet access, which makes one wonder what else is missing. 

Why should anyone have to drive to Grabouw, Malmesbury or Paarl, when having a passport or ID document is a basic civilian document, which is the most basic of responsibility of the government? 

The incredibly quick way to fix this 

There is no doubt in my mind that a first year engineering student, or other technocrats within civil society, would be able to fix the inefficient system that the DHA is currently deploying. It is not clear if the DHA has ever reached out to the public/private sector for any assistance or advice.

The rollout of the eHome Affairs channel has unfortunately just not translated into any quicker way to deal with DHA and the long queues demonstrate the mismatch. 

If we are serious about public service in South Africa, we will make sure that, at the very least, each and every person that arrives at a DHA office knows: (i) how to complete and submit an application; (ii) which exact documents and supporting evidence is necessary; and (iii) the waiting times that apply on that day and (once we have sorted out those issues) be given a time slot to attend. We can already achieve this by helping people to complete the necessary documents before entering (specifically those that do not have access to the internet), and providing basic education. 

For example, in the case of IT issues, which is a regular occurrence at the DHA, virtually every town in South Africa has experienced IT professionals that could be drawn from to assist (or get to know the actual processes of the DHA). 

In addition to systematic changes, the question does arise: What is the budget of DHA being spent on and why are there separate application fees? This becomes significantly more relevant if one thinks of the increasing population and migrant community, which necessitates far beyond a 10-year plan to address resourcing and infrastructure issues. 

From a resourcing perspective, I understand that there have been determinations made regarding the size of DHA offices and how many employees should (ideally) be placed to ensure the requirements of an area can be served. Based on recent parliamentary responses, in Stellenbosch, for example, the size of the municipality means that there should be 40 officials assisting, while at present there is only six in attendance. 

On this basis, it is not clear why the DHA is not appointing more staff, even on an ad hoc basis to assist the overworked staff. If there are budget limitations, I have not seen any indication by the DHA that they require the help of interns or students. Covid-19 can no longer be an excuse for the current resourcing issues experienced at the DHA offices. 

The journey continues 

In summary, my journey has been an easy one, when compared to those experiences of poor South Africans who struggle just to get to the DHA offices. 

It is however concerning that every South African (just ask your neighbour) is supposed to be content with the status quo and that the DHA's service is so pathetic, that one feels privileged to even enter their office buildings. 

This normalisation of the process is ludicrous and it is time that South Africans become more vocal with their complaints and suggestions. No one should be made to feel like this. 

For me, the only way to solve this, is for the DHA to swallow its pride, work with ordinarily civilians and try to find common solutions for the administrative problems each and every civilian is currently experiencing. 

- Reinhardt Biermann is a South African lawyer, working in London.

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