President Cyril Ramaphosa will have report on critical skills visa application process by April

President Cyril Ramaphosa will have report on critical skills visa application process by April

News24 – 17-02-2022

 

Recommendations on the fast-tracking of the critical skills visa application process will be on the president's desk by April.

  • This was revealed by former home affairs director-general Mavuso Msimang, who was appointed to look into the process. 
  • Msimang and his team have been hard at work for the past five months. 

The former director-general of home affairs, Mavuso Msimang, will, in the next two months, submit to the Presidency a report on a comprehensive review of the critical skills visa application process. 

It will include recommendations on how to fast-track the sluggish critical skills work visa system, Msimang told News24.

"We have been working on this for the past five months or so. It's a lengthy process," Msimang added.

He said his team included "an expert on immigration from Deloitte, one person from Treasury and two individuals from the Presidency".

They looked at efficient work visa processing systems in different countries and were trying to emulate the most feasible system that could work in South Africa. 

In his State of the Nation Address (SONA) last week, President Cyril Ramaphosa said: "A comprehensive review of the work visa system is currently under way, led by a former director-general of Home Affairs, Mr Mavuso Msimang.

"This review is exploring the possibility of new visa categories that could enable economic growth, such as a start-up visa and a remote working visa."

He said the Presidency was coordinating the process, and he had been brought in on a short-term contract.

Msimang said: "There are six streams which the government needed to address and deal with, in order to improve the performance of the economy. One of it was trying to fast-track the issuing of visas for critical skills workers. 

"What is the problem? The problem is, for example, when home affairs [is conducting] security checks on a person who is living in three countries before coming here, they would want police reports from all these countries. We are there for checking and realising that other countries in the application process may say they only want a police report from the last country where the person served or their country of origin."

Msimang explained:

What we are expected to do is compare our system with what others are doing. So we look at efficient countries; we look at how long it takes for Kenyans or people in Singapore. We look for the best system, but [one] which is more or less like us in the sense that they are actually looking for experts, and then you see how long it takes and what conditions apply.

He continued: "And then you have people who come as a company to invest. They say: 'I am going to establish a plant here in South Africa.' Let's say it's BMW and Mercedes; they bring foreigners here to run some of these things, and that's called inter-company transfers.

"In such a situation, let's say you have a CEO, who just has a normal degree and yet has been working at the company for 15 years. You can't tell the company that their CEO needs some critical qualification. There is a special arrangement that is agreed upon," Msimang added.

He said they were concluding the comparison process and would make recommendations on how to improve the country's sluggish system.

He refused to be drawn in on the issue of whether Ramaphosa is in the process of implementing job reservation for South Africans.

www.samigration.com

The issue of migrant workers could have serious implications for 2024 elections

The issue of migrant workers could have serious implications for 2024 elections

Fin24 – 17 Feb 2022

 

For South African political parties grappling with the idea of coalition politics ahead of 2024, the issue of migrant workers may be the most crucial of all deliberations, says Khaya Sithole

Just over 30 years ago this month during an interview on Larry King Live, Ross Perot decided to put up his hand and run for the US presidency.

Perot's profile as a billionaire who was not part of the Washington establishment but simply wanted to change the way the establishment worked, had significant consequences for the 1992 elections and, as it turned out, for the 2016 US election campaign.

At the heart of Perot's message, was the idea that the other contenders – George HW Bush and Bill Clinton, were too entrenched in the establishment to actually fix it.

As it turned out, that election campaign coincided with the ongoing deliberations around the trade agreement between the US, Mexico and Canada. The most contentious points related to the impact of the proposed agreement on US jobs.

As the US labour market had evolved over time and offered various protections and guaranteed to workers, the labour force of Mexico had little in the way of such protections. The question of whether freeing up the trade border would create an incentive for US businesses to shift their operations across the Mexico, was the most polarising element of the debate.

One the one hand, the view was that globalism and globalisation rather than protectionism, are always good things that the US needed to champion. The predicted positive effects of the proposed agreement – the North American Free Trade Agreement (NAFTA) – included a turbocharging of trade activity across the three nations.

The unknown variable was whether the integration of trade partners with such vastly different profiles – the US and Canada on one side and Mexico on the other side, would not lead to a one-way exodus of jobs in the direction of Mexico in pursuit of lower production costs.

The presidential contenders also took a bite at trying to crystallise the impact of NAFTA. Clinton – who would eventually emerge as the winner of the election in November 1992 – predicted that NAFTA would result in an export boom for Mexico and that could generate up to 200 000 additional jobs by 1995 and a million jobs within the first five years of the agreement.

Bush – dealing with the aftermath of the Gulf War and the declining economic prospects of the US economy facing increasing unemployment, was far less decisive on the NAFTA question. Perot used the first presidential debate to predict that NAFTA would result in a giant sucking sound of jobs moving southward to Mexico.

The predictions of each of the candidates were not altogether accurate. As the trade borders opened up, one of the fundamental risks – that Mexican wages would remain low rather than rise up to US standards - became a persistent reality.

That on its own stifled the ability of the Mexican economy to grow. The automobile sector in particular, which has always been the bedrock of the North American economies, provided the most granular insights into the effect of NAFTA.

At the end of 2016, the Centre for Automotive Research estimated that 55% of light vehicles produced in Mexico were for the US market. This implied that automotive manufacturers had indeed used NAFTA as the basis for shifting some production capacity across to Mexico.

The Economic Policy Institute predicted that over 700 000 US workers were displaced by the implementation of the NAFTA agreement – with Mexican workers the primary beneficiaries of this displacement.

Regrettably, Mexican wages remained low and hence the predicted rise in wages for Mexican workers did not materialise.

Such variables were important many years after Perot's presidential run, when Donald Trump promised to withdraw from NAFTA if he were to be elected.

Trump's narrative centred on the fact that those US workers who had lost jobs in the automotive sector could simply identify NAFTA as the original source of their plight and resultant plague of unemployment.

For communities dependent on the automotive sector, such sentiments resonated strongly and materially influenced the election of Trump. The crux of Trump's presidency was using xenophobic overtones regarding Mexicans in order to push for a revision of NAFTA.

That process consumed the bulk of his presidency and was eventually finalised at the beginning of 2020, which turned out to be the valedictory year of his presidency.

The tensions between trade, politics and labour migration have become a topical issue in South Africa in recent months.

As luck would have it, it was the involvement of a multimillionaire businessman in national politics that reignited the debate. Herman Mashaba – who previously served as mayor of Johannesburg under a DA ticket, launched a new political party, Action SA, ahead of the local government elections.

A key message of the campaign, and something Mashaba had championed during his time at City Hall, was the need to deal with illegal immigration in South Africa. The profile of immigrants in South Africa remains a poorly understood picture for various reasons.

Firstly, the porous nature of our borders, where the question of financial resources is the decisive factor between accessing South Africa or not, makes it remarkably difficult to get an accurate assessment of the profile of immigrant citizens.

When former finance minister Tito Mboweni tweeted in April 2020 that "almost 100% of restaurant workers were foreigners", it ignited heated debates across the Twitter sphere. Obviously, his calculation was completely wrong, but crucially, when Africa Check sough to get a more accurate picture of the prevalence of foreign workers in that sector, it concluded that while the number of foreign-born workers in the restaurant sector had been as high as 11.3% in 2011, that number had declined to just 6.5% by 2017.

Secondly, the immediate problem with the assessment of foreign workers in the restaurant industry is that it relies on the type of disclosures that are not universally practised – especially in relation to undocumented workers and migrants.

While Africa Check cites Statistics South Africa as the primary source of the data, it is unavoidable to note that workers who are not documented are unlikely to voluntarily participate in any data-gathering exercise for fear of reprisals.

Similarly for employers who have undocumented immigrants on staff, such disclosures are likely to be seen as self-defeating. As a result, we known that the number exists somewhere in the spectrum of Mboweni's hyperbole and Africa Check's conclusions.

The bigger problem in South Africa is the fact that just like in the US automotive sector, some sectors do indeed experience a higher prevalence of foreign workers – both documented and undocumented – that participate in the economic value chain. This is where anecdotal observations and empirical facts intersect – often with conflicting interpretations.

For a young person unable to access an economic opportunity, observing non-South Africans occupying those jobs can elicit curiosity that often mutates to resentment. This is worsened where the country's policy around migration and foreign workers is poorly understood.

Industries characterised by lax compliance with labour laws, provide a fertile ground for both workers and employers who wish to evade the net of scrutiny, to continuously practice policies that are not aligned to the laws of the land.

Within the economic value chain, sectors like the hospitality sector, where the definition of a job may be an ad-hoc assignment that requires little in the way of formal documentation, are likely to experience such realities more acutely than highly regulated sectors.

This creates a possibility that the anecdotal experiences of citizens on the ground – whether they feel more foreigners are competing with them for jobs or any other contention – are unlikely to be validated by empirical data as evidenced in the case study of the restaurant sector.

The use of tested data – which simply suggests that the issue is exaggerated - does little to quell the tensions of those living with the daily squeeze of displacement.

The unavoidable effect is the increased tensions across society. At the end of 2021, Home Affairs Minister Aaron Motsoaledi announced that the Zimbabwean exemption permits would be coming to an end.

Naturally, such an announcement generated hysteria and panic among those affected. To some, the minister seemed to be getting on the anti-immigration bandwagon that Mashaba was accused of championing.

Surprisingly, that seemed to miss the crucial tenets of Mashaba's stance and that of the EFF under Julius Malema. In Mashaba's utterances, the distinction between legal and illegal immigration is the pivot point.

The anecdotal evidence – which resonates with many property owners whose buildings may have been hijacked by individuals both foreign and local; and inner-city citizens who feel that there is a significant presence of foreigners in their midst - is that there is an immigration problem.

On the other end of the spectrum, the EFF's position on open borders is derided as an invitation to further displacement for South African workers. Both interpretations seem to be straying from the central essence of what the two parties – admittedly led by leaders whose articulation capacity on the issue are clearly problematic – are trying to actually say.

For Action SA, the idea of regularising immigrants is something that even Motsoaledi has championed since his days as health minister. In his previous role, Motsoaledi lamented the inability to allocate resources adequately across the health ecosystem, when one is unable to predict utilisation of such facilities.

Given the constitutional requirements around access to healthcare and the Hippocratic oath itself, a health system is likely to suffer the most acute effects of the impact of undocumented immigrants who cannot be denied access to healthcare facilities. Similarly, when buildings are hijacked, both by local and foreign hijackers, steps to correct that are indeed sensible.

The instinctive reaction to brand the Action SA approach as xenophobic serves little to advance the debate. Rather, it is seen as a tool for shutting down the conversation entirely.

The problem with tha, is that there are far too many citizens whose experiences of the system resonate with the issues Action SA seeks to raise. Its electoral performance in the 2021 local government elections indicates what some sections of the electorate are persuaded by the party's stance on illegal immigration.

The EFF, on the other hand, suffers from the effects of the disconnect between its stance and the actual reality of labour migration patterns and the country's policy on migration. The idea of opening up borders among trade partners is not actually an invention of Malema himself. Rather, it is a reflection of practices across the different trade blocs in the world. The European Union's open border policy is an example of this.

The fundamental flaw in the EFF's pronouncements is that in the absence of a clear trade policy across neighbouring states that defines the purpose and regulations, calling for open borders is premature.

The African Continental Free Trade Agreement is an example of an economic policy that seeks to gradually reduce trade barriers across the continent at large. The idea that the movement of citizens in the long run will follow the same pattern, is not altogether far-fetched.

But for as long as South Africa has an employment crisis, any idea that increases possibilities of displacement for local citizens is simply untenable politically.

A common response to the current crisis is that the deportation of one does not create a job for another. That of course shifts the debate on to the known reality that there aren't enough jobs to begin with.

However, the displacement question – where those out of the jobs net feel their chances would be improved if there were fewer foreigners, particularly undocumented ones, to compete with – needs to be addressed rather than dismissed.  

Since Motsoaledi's announcement on Zimbabwe exemption permits (ZEPs), accusations of xenophobia and Afrophobia have escalated. The point that seems to have been missed is that the very origination of the permits was not a result of a committed policy to enable easier labour migration across the two countries.

Rather, it became yet another cop-out by the government of the day that found it easier to regularise the many Zimbabwean citizens who had been displaced by the political turmoil of the late 2000s; rather than condemn the Mugabe regime for having created the crisis.

The sobering reality is that no clear policy balancing the social, economic and political considerations of the ZEP regime was cogently crafted. As a result, the various administrations have perpetually renewed the permits with the hope that the tension points would organically disappear.

Unfortunately for South Africa, that model is no longer tenable and difficult conversations around how to manage to effects of the rising tensions between disaffected citizens fearing continuous displacement, and the immigrants seeking a better future for themselves, are now overdue.

The political implications of getting this conversation right are not without precedent. At the end of the 1992 US presidential elections, Perot emerged with the best third-man performance in US elections since Roosevelt 80 years earlier.

His 19% poll resulted in neither of the main candidates receiving a majority of the ballot. For South African political parties grappling with the idea of coalition politics ahead of 2024, this is just one of the key conversations they need to address.

Given its polarising nature, it may be the most crucial of all deliberations ahead of 2024, particularly if the current administration does little to address the jobs crisis.  

www,samigration.com

How South Africa’s new visa could work

How South Africa’s new visa could work

Businesstech - 16 February 2022

South Africa is considering the adoption of a remote-working visa as part of a push to attract more skilled workers, and their money, to the country.

Remote-working visa are travel permits that legalise the status of travelling professionals. Like tourist visas, they are easy to obtain and do not require long paperwork and a work contract. However, they allow for longer stays.

The Western Cape provincial government has previously mooted the visa, with president Cyril Ramaphosa confirming it is under consideration in his state of the nation address on Thursday evening (10 February).

The move has been welcomed by the City of Cape Town which stands to see significant benefits from the visa.

“Working tourists tend to spend up to R50,000 during their stay, which has the potential to add up to a significant boon for the economy,” said the City of Cape Town’s Mayoral Committee member for economic growth, James Vos.

“This revenue reaches multiple industries, including educational institutions, transport, accommodation, retail, and restaurants.”

Vos said the new visa can be easily introduced through an amendment to Section 11 of the Immigration Act, which relates to an extension of visas beyond 90 days for specific activities. This is because remote workers tend to stay beyond three months in a location, he said.

The application can be authorised by a ministerial directive while applying regulations already in place and governing visitors’ visa applications, he said.

At present, these visa applicants must show:

  • Control of sufficient financial resources (by means of a bank statement);
  • Proof of accommodation and medical insurance for the duration of their stay;
  • A medical certificate, radiological report, and police clearances.

The remote working visa will additionally:

  • Require an applicant to provide evidence of employment abroad, as well as a sufficient income from such employment or own business registered abroad;
  • Allow the applicant’s dependants to accompany them.

“South Africa has long been a global tourist hotspot. By showing that we also have the means for people to work while they’re here, we entice them to stay longer,” said Vos.

“I will also begin engagements with industry bodies such as CTT and the Federated Hospitality Association of South Africa (Fedhasa) to get the ball rolling on creating specific product and pricing categories that cater to this specific market so that Cape Town remains top of mind for these travellers.”

Attracting skilled workers 

Ramaphosa said that attracting skilled workers was a key focus of his government’s plans to rebuild the economy.

“The world over, the ability to attract skilled immigrants is the hallmark of a modern, thriving economy. We are therefore streamlining and modernising the visa application process to make it easier to travel to South Africa for tourism, business and work,” he said in his state of the nation address.

“A comprehensive review of the work visa system is currently underway, led by a former director-general of Home Affairs, Mavuso Msimang. This review is exploring the possibility of new visa categories that could enable economic growth, such as a start-up visa and a remote working visa.”

Ramaphosa noted that the government has also published a revised critical skills list for the first time since 2014, following detailed technical work and extensive consultations with business and labour.

www.samigration.com

Home Affairs hiring 10,000 IT graduates

Home Affairs hiring 10,000 IT graduates

16  February 2022 – Mybroadband

 

The Department of Home Affairs (DHA) will appoint 10,000 young IT workers to help speed up the digitisation of its paper records over the next few years.

President Cyril Ramaphosa mentioned the recruitment drive during his State of the Nation address on Thursday, 10 February 2022.

It forms part of an extension of the Presidential Employment Stimulus programme.

According to Ramaphosa, this programme has thus far supported over 850,000 work opportunities, primarily for young people and women.

“This includes over half a million young people appointed as education assistants, making it the largest youth employment programme ever undertaken in our history,” Ramaphosa stated.

The Presidency provides a detailed dashboard on the overall achievements of the programme to date, including its budget and the number of beneficiaries that have been assisted.

So far, a total of R23.6 billion in funding was allocated over two phases, with more than 673,514 jobs created, 40,399 of which were retained.

One of the next important roles of the employment stimulus is to enable the DHA to recruit 10,000 unemployed young people to digitise its paper records.

Ramaphosa said this would enhance their skills and see them contributing to the modernisation of citizen services.

President Cyril Ramaphosa (left) and Aaron Motsoaledi, Minister of Home Affairs (right)

Home Affairs minister Aaron Motsoaledi told eNCA the first group of employees would begin their work from May 2022.

The full complement of 10,000 employees would gradually be brought on board in the months after that.

The DHA started the process to digitise over 280 million records in 2016. These include births, deaths, lineage, ID, passports, and migration, dating back to 1895.

That number has since grown to over 300 million records.

Because of the sheer volume of data, the process was taking too long, Motsoaledi explained.

“Sars was doing the digitisation, but unfortunately, we only had a budget to do 5 million per year,” he stated. “At that rate, we were going to take 60 years to get digitised.”

Motsoaledi reiterated that the recruits would be young people with qualifications in IT, either from a university or TVET college.

“They will know what they are doing,” he stated.

As a result, he expected the project could be finished within 24 to 36 months, depending on the budget granted by National Treasury.

Recruitment process

The minister has also assured that the recruiting process would be above board.

“There are going to be no favours, no corruption, no crony-ism or any of the things that people used to complain about,” he stated.

DHA will be taking applications from all nine of the country’s provinces, and many of the workers will be staying in their own provinces.

“They will be earning a stipend which is quite good, I must say, but we don’t want them to waste that money looking for accommodation, transport, etc.,” Motsoaledi stated.

The minister said a press conference this week would provide more details on the requirements and application process.

www.samigration.com

Home affairs stuck in costly legal limbo, worsened by Covid

Home affairs stuck in costly legal limbo, worsened by Covid

15 Fe

bruary 2022 - businesslive

 

The Covid-19 pandemic has proven to be yet another stick in the spokes for the department of home affairs, further delaying processes that were already slow and inconsistent, and causing despair and disruption for thousands of people and businesses. In addition, an apparent lack of will to rectify the situation is costing the state millions in unnecessary legal fees as unsuccessful applicants head to the courts to appeal.

For years our practice has noted that SA loses skills, business capital and jobs by apparently regarding all foreigners with suspicion, making visa, residency and citizenship applications a complex nightmare that deters foreigners. The pandemic has worsened the problem. Indeed, it would appear that the department is not well equipped to adapt to change: in 2010, when adjudication was centralised to a hub, services collapsed. In 2014, when the law changed, we saw more court cases and further delays. Covid has forced significant change across society and the economy, and again services have ground to a halt.

Racking up costs to the state

As we warned  in 2021, the pandemic has further delayed and derailed immigration processes and caused a backlog that could take years to clear – particularly in permanent residence and citizenship-related services. We have noted an increase in rejections of critical skills visa applications, freelance work applications by foreign spouses of South Africans, and work authorisations for foreigners with a retired persons visa.

This situation has not changed, forcing applicants to go to court to appeal against their rejections. These cases may be escalated several times — each time at a legal cost to the state. As a seasoned immigration expert I have never litigated so much in my life as I have in recent years. In most cases a court case relates to a delay, which is easy to prove and results in the state losing, with cost orders against it.

One gets the impression that the state often appeals as a delaying tactic. With the services of an attorney and a junior advocate costing anywhere from R30,000 to R200,000 per case — before the case has even been referred to the Supreme Court or Constitutional Court — these delays can cost the state a substantial amount.

Exactly how much this may be costing is difficult to pinpoint. According to the department’s 2018-2019 and 2019-2020 annual reports immigration affairs management is the third programme within the department of home affairs.  The line item for legal services records that in 2018-2019 it spent about R32m on legal services, and in 2019-2020 R43m. Unfortunately, there is no further information on how exactly this total is broken down. Both years also record some R2bn in contingent legal liabilities, but “contingent” means the liability may not occur. In other words, the department is being sued for R2bn, but those suits have not yet been concluded.

There is a statement that “claims in immigration services arise mainly from the unlawful arrest and detention of illegal foreigners, and damages arising from the department’s failure to make timely decisions on visas and permits. Of the total claims, 11 major claims (R5m and above) amounting to R696m, reside under the branch.”  But this may refer to damages, not legal costs, and such damages claims are likely to fail.

Home Affairs at a standstill

Efficiency and consistency would clearly be a more cost-effective approach, yet home affairs remains at a standstill, even though the wheels of business are starting to turn again. Thousands of people have been in limbo for about a year as they await outcomes.

Among our clients is a German film director and corporate general manager who has applied for a critical skills work visa and is experiencing lengthy delays in the process. This businessman has companies in SA with the capacity to create jobs and drive investment into the country. On top of this, he has invested over R5m in NGOs and NPOs benefiting children.

Another client is a Ghanaian ICT professional who studied in SA and has applied for a critical skills work visa. He has been informed his application was rejected because he is on a visa restricted “V List”, while simultaneously another home affairs division states that he is not on the V List.

Home affairs recognised in its 2021 budget  that “the  timeous issuing  of  permits and visas enables economic growth and removes impediments to foreign investment” and said it aimed to maintain the percentage of business  and general work visa applications per year that are adjudicated within eight weeks at 90% over the medium term, and targeted an increase in the  percentage of critical skills visa applications per year adjudicated within four weeks from 82% in 2021/2022 to 95% in 2023/2024. 

The department also recently announced that it was resuming the processing of applications for permanent residency after a hiatus of nearly two years and an estimated backlog of up to 50,000 applications. It is commendable that the department recognises that there is a problem, but it should be noted that service delivery cannot be achieved when offices are closed or manned by a skeleton staff, and that rushing through adjudication is not enough: adjudication needs to be done consistently, fairly, and in line with the relevant acts.

By improving efficiencies and eliminating poor and inconsistent processing of immigration and work visas the department of home affairs could not only slash the costs and time wasted in legal challenges; it could also support the government’s efforts to encourage foreign investment and create more jobs.

www.samigration.com