Anti-xenophobia activists, organisations call for home affairs minister to step down

News 24 – 27 March 2022

• Anti-xenophobia activists marched in the streets of Johannesburg to demand the home affairs minister be fired.
• The march was in response to Operation Dudula.
• The crowd marched from Peter Ross Park to the Museum of Africa.

Activists and various organisations came out in numbers to march against the recent xenophobic attacks and also handed in a memorandum at the Hillbrow police station which called for the home affairs minister to step down.

The memorandum was first handed to the police at Hillbrow and later at the Johannesburg Central police station, where Nhlanhla Lux, the leader of Operation Dudula, is currently being held.

The activists marched, sang struggle songs and held placards. They called for an end to Operation Dudula, an anti-foreigner movement.

During the march, a member of the African Diaspora Workers Network, Janet Munakamwe, read out the memorandum which called for Aaron Motsoaledi [home affairs minister] to step down.

Munakamwe said:

The minister of home affairs must resign today. He has failed many, not only migrants, but also locals, so many do not have documents.

 

Anti-xenophobia activists marching at Johannesburg.

News24 Alfonso Nqunjana

Furthermore, the Johannesburg Metropolitan Police Department was slammed for cancelling the first anti-xenophobia march, organised by Kopanang Africa Against Xenophobia (KAAX) on Human Rights Day. 

KAAX's spokesperson, Ferron Pedro, said she was hurt when she saw Operation Dudula members marching in support of hatred and injustice on the other side of the Johannesburg Central police station. 

"I saw our brothers and sisters marching for hatred, marching for injustice, marching against the same things that we know are keeping us down. Foreigners are not stealing our jobs, Clover is stealing our jobs, MassMart is stealing our jobs... it is the small 1% in South Africa that owns 50% of the bulk. These people do not live in Alexandra, but they live in Sandton," Pedro said.

Members of different campaigns and organisations chanting and dancing during the march

News24 Alfonso Nqunjana

Operation Dudula members were protesting against Lux's arrest.

JMPD and SAPS officials were vigilant to ensure that Operation Dudula protesters and the anti-xenophobia march did not run into each other.

According to JMPD spokesperson Xolani Fihla, "the Kopanang Africa Against Xenophobia group diverted from the original planned route which was going to see them handing over the memorandum at Commissioner Street".

News24 Alfonso Nqunjana

News24 Alfonso Nqunjana

 

JMPD suspects that the reason for diverting was to confront the Operation Dudula members.

"We suspect that they changed their route knowing that members of Operation Dudula were gathered at the Johannesburg Central SAPS entrance at Commissioner Street, the Kopanang Africa Against Xenophobia March went well with no disturbances until they dispersed at Maryfitz Gerald Square," Fihla added.

The University of Johannesburg's Kate Alexander said the university stood against acts of xenophobia.

Alexander said:

The university has a long tradition of opposing xenophobia and it is proud to do so again. If we have to look at the people who are responsible for the high unemployment, we have to blame the government. It is not for us to blame people from other countries, and those who do are hypocrites.

Phone smashed

Dube Austin, a member of Restorative Justice, had an encounter with Operation Dudula members.

He alleges they confronted him for taking pictures and smashed his phone.

"Two ladies I know asked me to take picture of the Dudula members. Before I even took the pictures, I realised that these guys were going to give us a problem and I stopped, leaving the ladies behind.

"The Dudula people came straight to me and asked me what do I want here, and why am I taking photos, I told them that I am here just like everyone and I handed them my phone to check for the pictures... that is when one of them took it and just smashed it on the ground," Austin said.

He appealed to KAAX's convener, Julekha Latib, to accompany him to open a case because he was too scared

www.samigration.com

Requirements added for two Critical Skills visa categories

25 Mar 2022 – BAL

The South African government has added new requirements for the Director (Enterprise Organization) and Corporate General Manager categories on the 2022 Critical Skills list.

Key Points:

• An employer must have the minimum number of employees required to qualify as a medium enterprise in order to sponsor foreign workers in the following categories of the 2022 Critical Skills List:
• Director (Enterprise Organization).
• Corporate General Manager.
• To qualify as a medium enterprise or larger, companies must meet the requirements in this chart.

Additional Information: A company’s size as medium or larger is determined by the number of full-time paid employees in relation to its turnover in each operating industry. Companies that have more employees and a higher turnover than a medium enterprise will automatically be classified as a large enterprise.

BAL Analysis: Companies intending to sponsor foreign nationals under the Director (Enterprise Organization) and Corporate General Manager categories should ensure that they qualify as a medium enterprise.

www.samigration.com

New quotas for foreign workers, who will be banned from starting small businesses in some sectors

 

Fin 24 – 27 March 2022

• Employment and Labour Minister Thulas Nxesi released the National Labour Migration Policy for public comment on Monday afternoon.
• This will introduce new employment quotas on foreign workers, as well as ban foreigners from starting small businesses in some sectors.
• "Migrants are in particular concentrated in informal sector – a worrying trend," government said in a statement.

Government will introduce new employment quotas on foreign workers, as well as ban foreigners from starting small businesses in some sectors.

On Monday, Employment and Labour Minister Thulas Nxesi introduced the National Labour Migration Policy (NLMP) and Employment Services Amendment Bill for public comment.

The NLMP will introduce quotas on the total number of documented foreign nationals with work visas that can be employed in agriculture, hospitality and tourism, as well as construction, along with other sectors.

The limit on foreign nationals will be set by the minister of labour, and the quotas will differ per occupation, sector or region. Quotas would apply not only to formal employees, but also to anyone paid for any work as well as "platform workers", such as Uber drivers.

The proposed new legislations will be accompanied by amendments to the Small Business Act, which will limit foreign nationals from establishing small and medium-sized enterprises and trading in some sectors of the economy. This will include a list of sectors where foreign nationals cannot be allocated business visas.

Foreign nationals will include all people who aren't citizens, permanent residents or refugees

There are four million foreign born persons in SA, representing 4% of the population and 7% of the labour force, government said.

"Especially since 2000, the influx largely of undocumented migrant workers has increased dramatically in an ever-expanding range of sectors. Migrants are in particular concentrated in informal sector – a worrying trend," the department of labour said in a presentation.

Nxesi said it was critical for government to act and curb the hiring of foreign nationals in the country, as employers were exploiting desperate foreign nationals and "distorting the labour market".

Nxesi released the National Labour Migration Policy for public comment on Monday afternoon, following an extensive period of consultation with his colleagues in Cabinet.

The policy will now be available for public comment for 90 days, after which it will be referred back to Cabinet with inputs and to Parliament.

The Department of Employment and Labour, Cabinet approved the release of the National Labour Migration Policy for public comment last Wednesday after extensive consultation between government structures, Nxesi and Home Affairs Minister Aaron Motsoaledi.

Nxesi said employers must satisfy themselves that there is no availability of the requisite skills before opting to hire a documented foreign national. He stressed that government would not undermine the rights of foreign nationals in implementing the policy.

"In terms of the law, we can't ban the employment of the foreign nationals. It will not allow us. The Constitution of this country will not allow us to do that. We can limit and control it. That is what we are trying to do," said Nxesi.

Nxesi said along with the migration labour policy, the strengthening of border management policy will be prioritised. He said that his department is stepping up inspections to enforce existing labour and immigration legislation.

Deputy director-general of public employment services Sam Marotoba said it was able to identify "red spots" in migration pressures, including those with special dispensation permits and those who have overstayed in the country.

Marotoba said after conducting research and consultations at government level, the department had to hold cluster and socioeconomic impact consultations with legal advisors.

"This is what took us so long and we are going to embark on public consultation processes. In June we will go to Nedlac and depending on the amount of inputs and comments, we will report to Cabinet and Parliament by July," said Marotoba.

He said South Africa would consult with the African Union, the Southern African Development Community and other regional groupings as the policy is implemented. Nxesi said the consultation process on the policy would be concluded within 90 days.

Pressing labour matters

Nxesi said, after a standoff with truck drivers over the inclusion of their profession in the policy, government had been engaging with truck drivers as recently as last week and was told that truck drivers were looking forward to making inputs on the policy document.

In a veiled reference to the conduct of the EFF who have conducted inspections at restaurants looking for expatriate employees, Nxesi warned that illegal inspections of workplaces looking for documented migrants would not be tolerated and that is was "destructive" and "irresponsible" of political parties to do so.

The National Labour Migration Policy and Employment Services Amendment Bill also makes provision for the "reintegration of the South African diaspora into the domestic economy". This includes the developing of "incentives" for South African workers abroad to "impart skills and invest in labour market and other initiatives in South Africa". 

www.samigration.com

South African Permanent Residence

South Africa encourages permanent residency if you are serious about staying in South Africa on a long terms permanent basis there are many categories you can apply under.

• Hold a General Work Visa for five years and have a permanent job offer.
• Hold a Relative’s Visa sponsored by an immediate family member.
• Hold a Critical Skills Visa and have 5 years relevant work experience.
• Be in a proven life partner relationship for five years
• Be married to an SA Spouse for at least five years.
• Have held Refugee Asylum Status for five years.
• Hold a Business Visa.
• Receive a monthly income of R37,000 through Pension or Retirement Annuity
• Have a net asset worth of R12m and payment to Home Affairs of R120,000

·         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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·         Sa Migration Visas

·         https://g.page/SAMigration?gm

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·         Alternatively , please contact us on :

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

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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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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.

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

 

Please rate us by clinking on this links :

Sa Migration Visas

https://g.page/SAMigration?gm

 

Alternatively , please contact us on :

 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