What is a Ministerial Waiver / Exemption and how does it work

What is a Ministerial Waiver / Exemption and how does it work

Upon application to the Minister of Home Affairs, the Minister may under terms and conditions determined by him or her allow distinguished visitors or members of his/her family to be administered and sojourn in South Africa and or waive any prescribed (regulatory) requirements for good cause and/or grant any foreigner or category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist justifying such a decision.
S 31(2)(b) provides that the Minister may, upon application, grant a foreigner or a category of foreigners the right of permanent residence for a specified or unspecified period, when special circumstances exist justifying such a decision. The Minister may also exclude a foreigner or a group of ‘identified’ foreigners from such dispensation and may, for good cause, withdraw such right(s) from a foreigner or a category of foreigners. S 31(2)(c) provides that the Minister may for ‘good cause’ waive any prescribed requirement or form, in respect of any such application by a foreigner for the grant of permanent residence.
There are a myriad of circumstances that may arise wherein an applicant may apply to the Minister of Home Affairs to grant certain concessions in terms of section 31(2)(b) or under 31(2)(c) under the Immigration Act (the “Act”) that may pertain either to the acquisition of permanent residence “when special circumstances exist” or “for good cause, waive any prescribed requirement or form”.
The Minister is empowered in terms of the Immigration Act to “waive” any regulatory requirement or form. A foreigner may apply for such waiver on the basis that “good cause” exists for the granting of such waiver.
The term “good cause” has never been defined, either in terms of legislation or by the South African judiciary. In practical terms an applicant must demonstrate that there is compelling justification for the waiving of a regulatory requirement or form, and if the Department of Home Affairs (on behalf of the Minister) determines that a violation of a constitutional right, or an irrational consequence, will arise by a refusal to grant such waiver, waivers are normally granted.
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Foreign Artisans now required to register before applying for visa.

Foreign Artisans now required to register before applying for visa.

National Register of Artisans now in effect

Dear foreign artisan,
Applying for critical skills work visa in South Africa as an artisan has been a challenge for the longest time. In 2014 when the current amendments to the Immigration Act were gazetted several gaps were identified in the Act which included the absence of a SAQA accredited professional body to register artisans. ECSA was not an option due to their minimum NQF criteria of 5 which was a notch above the rating being given by SAQA for artisans. There was a time letters issued by the National Artisan Moderation Body, (NAMB), were sufficient and then they were not. There was a time when registration with the South African Institute of Draughting was good enough and then it wasn’t. The latest dispensation saw applications being rejected because Home Affairs required a South African trade test. This of course is absurd for two reasons; the artisan is already trade tested and secondly a South African trade test requires a minimum experience in South Africa.
This inconsistency was a direct result of the absence of a key legislative instrument, namely the National Register of Artisans. In terms section 26C of the Skills Development Act 97 of 1998 as amended, the Minister of Higher Education is required to establish a register of artisans. This register unfortunately could not be implemented as the regulations were not yet in place to establish this register, therefore the NAMB letters were acceptable as they pointed to the absence of the National Register of Artisans. In the absence of a clear framework on how to recognize foreign artisans in the republic it meant that the Department of Home Affairs was left to its own devices hence the constant changes in approach.
Fortunately, that gap has now been closed and a clear process of registering artisans is now in place. The National Register of Artisans Regulations was gazetted the 19th of March 2021 and provides a framework for the registration of all artisans, local and foreign. There 4 categories of artisans, Practicing Artisans, Non – Practicing, Foreign Practicing and Foreign Non-Practicing Artisans. Under regulation 3 it is mandatory for all artisans to register with the Department of Higher Educations National Artisan Development Support Centre (NADSC).
The registration requirements for foreign National Practicing Artisans are the following, a certified passport copy, evidence of legal visa for entrance into the country, certified copy of trade test whether conducted locally or abroad, SAQA evaluation of foreign trade test, proof of address and proof of previous registration for a renewal.
Importantly regulation 6 has some consequences for visa applications by artisans. 6.5 Provides that all foreign national artisans must register with DHET before applying for critical skills work visa or any work visa with DHA. 6.6 goes on to state that foreign national artisans will not be granted critical skills work by DHA if they are not registered with DHET. This means that as of 19th March 2021 it became impossible for an artisan to get a visa without first registering the NADSC
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SA flagging fake IDs, passports with foreign countries to chase down syndicates

SA flagging fake IDs, passports with foreign countries to chase down syndicates

News 24 – 04 June 2022

 

  • Home Affairs Minister Aaron Motsoaledi says his department is chasing down syndicates selling fake IDs and passports.
  • In many cases, Home Affairs officials are directly involved.
  • Last month, a senior official was arrested for his involvement in a passport fraud syndicate.

The net is closing in on syndicates manufacturing and selling fake South African passports and IDs.

Following the arrest of a kingpin who allegedly sold fake IDs and passports, the Department of Home Affairs is chasing down those behind the syndicates.

According to Home Affairs Minister Aaron Motsoaledi's response to a written parliamentary question from IFP's Liezl van der Merwe, fake IDs and passports were flagged domestically and across the country's borders.

Motsoaledi said when fraudulent documents were detected, the department's civic services branch referred the cases to the counter corruption branch.

If it involves department officials, the security services branch investigates the matter.

Immigration services' inspectorate division deals with matters relating to foreign nationals.

"Otherwise, cases are referred to the South African Police Services and other law enforcement agencies," he added.

In March, officials nabbed an alleged kingpin in a midnight sting operation in the department's Krugersdorp office.

At the time, the department vowed to follow up on all the members of the passport fraud syndicate, be they foreign nationals or South Africans.

Last month, Hlahla Mathebula, a senior official in the White River office in Mpumalanga, was arrested with four people who are allegedly part of the passport fraud syndicates.

The four were transported from Eldorado Park in Gauteng to the Home Affairs office in White River, to allegedly give up their identities for R500 per person.

Mathebula allegedly facilitated the identity transfer from South Africans to Pakistani nationals for a fee of R5 000 per passport.

According to the department, the alleged Pakistani kingpin received R40 000 from his countrymen who desired South African passports they were not entitled to.

The sting operation was carried out by Home Affairs' counter corruption branch, police, Hawks, Crime Intelligence, and other law enforcement agencies.

Officials are also in search of another senior official from the Praktiseer office in Burgersfort, Limpopo. The official evaded arrest in May by, allegedly, running to a sangoma.

Motsoaledi said once investigations were completed and documents were found to be fraudulent, a process to block it would start.

"The department follows a process to set markers to block, nullify and cancel the fraudulently issued identity documents and passports on the National Population Register as a means to maintain the credibility of the system in the country.

"The immigration service branch within the department is also involved in flagging such documents on the Movement Control System.

"As a result, a note verbale is also published and circulated through the Department of International Relations and Cooperation as a means to communicate to foreign countries regarding fake or fraudulently issued passports and identity documents," he added.

www.samigration.com


UK accused of blocking South Africans at airports unless they pass Afrikaans test

UK accused of blocking South Africans at airports unless they pass Afrikaans test

2 June 2022

 

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Several South African passport holders who attempted to fly to and from the United Kingdom (UK) claim they had to pass a general knowledge quiz in Afrikaans before they could board their planes.

The frustrated travellers headed to Facebook, Twitter, and Reddit to share their experiences.

MyBroadband spoke to a South African expat who said she and her 11-year-old son were denied their boarding passes from Ireland West Airport Knock to the UK two weeks ago.

She got three out of the 15 questions wrong.

They were returning from a visit to her daughter in the Republic of Ireland for a weekend. She had lived in the UK with her husband for two-and-a-half years.

When arriving at the check-in counter, she was given the test — in Afrikaans.

The border control official told her that the form had been put in place by the British government.

While she had a relatively solid understanding of the language, she still asked for the test in English.

She explained that South Africa had 11 official languages and that she was not fluent in Afrikaans.

The official could not provide her with a test in another language and told the expat to do her best.

The test questions are reproduced in the table below, in the left-hand column. MyBroadband’s English translations of the questions are on the right.

General knowledge test questions for UK entry

Original question

English translation


Watter van die volgende is Suid-Afrikaanse hoofstede? (Keuses: Pretoria, Johannesburg, Bloemfontein)

Which of the following are South African capital cities? (Options: Pretoria, Johannesburg, Bloemfontein)


Wat is Suid-Afrika se amptelike geldeenheid?

What is South Africa’s official currency?


Noem drie van Suid-Afrika se amptelike tale.

Name three of South Africa’s official languages.


Aan watter kant van die pad moet ‘n mens bestuur in Suid-Afrika?

On which side of the road must you drive in South Africa?


Wat is Suid-Afrika se internasionale landkode?

What is South Africa’s international dialling code?


Wat is die naam van die grootste stad in Suid-Afrika?

What is the name of South Africa’s biggest city?


Wie is die huidige president van Suid-Afrika?

Who is the current president of South Africa?


Noem een van Suid-Afrika se nasionale vakansiedae.

Name one of South Africa’s national public holidays.


Wat is die naam van die hoogste berg in Suid-Afrika?

What is the name of the highest mountain in South Africa?


Wat is die naam van die bekende berg in Kaapstad wat sommige glo is een van die oudste berge in die wêreld?

What is the name of the famous mountain in Cape Town that some believe is one of the oldest in the world?


Wat is Suid-Afrika se nasionale blom?

What is South Africa’s national flower?


Wat is Suid-Afrika se nasionale dier?

What is South Africa’s national animal?


Waar is die Uniegebou?

Where are the Union Buildings?


Wat is Suid-Afrika se nasionale kleure?

What are South Africa’s national colours?


Watter een van die volgende is ‘n bekende Suid-Afrikaanse rivier?

Which of the following is a famous South African river?


MyBroadband has seen several photos online from different posters that appear to show varying copies of the test.

The expat said she saw no official stamps or branding on the questionnaire to indicate it was an official document. She also did not have to write down her passport or personal details.

She suspected her test was scanned and sent somewhere for verification.

Despite providing the officials with her and her sons’ biometric residence permits (BRPs), she was forced to leave the airport and return to her daughter after not getting full marks on the test.

She contacted her immigration consultant, who confirmed she had wrongly been refused the right to board as their visas and passports were valid.

Her husband then flew to Dublin to fetch them, and they managed to leave via Dublin Airport.

She suspected they managed to get through on the second attempt due to her husband’s British passport.

She described the experience as “terrible” and said it felt like she had been discriminated against.

Several other members of the South Africans living in London Facebook group complained about similar experiences.

One said they received the form while travelling from the UK to Dublin.

Another expat living in Dublin said an official told her if she could not complete the test in Afrikaans, it proved she was not South African.

Another South African working in the UK told SAfm that several of her colleagues with UK work permits were also presented with the form.

She said a friend flying from Ibiza airport to London was handed the test.

Many of the complaints seemed to be coming from travellers who had flights booked with Irish low-cost carrier Ryanair.

The British High Commission in South Africa said in a post on Twitter that the questionnaire was not a UK government requirement.

MyBroadband reached out to the British High Commission in South Africa, the Embassy for Ireland in South Africa, and Ryanair for comment on the test, but did not receive feedback by the time of publication.

We also contacted the Irish foreign affairs department, the South African High Commission in London, and the South African Department of International Relations and Cooperation. None answered their phones or responded to text messages and email.

A South Africans in London group member claimed a forensic investigator who dealt with Home Affairs issues had told her the form was related to an influx of people carrying fraudulent South African passports entering Europe.

Independent crime and policing analyst Professor Johan Burger recently told The Sunday Times that the South African passport risked being devalued further as international crime syndicates were increasingly using it for illegal activities.

www.samigration.com


25 Illegal Immigrants Nabbed For Contravening Immigration Act

25 Illegal Immigrants Nabbed For Contravening Immigration Act

African News Agency/ANA

03-06-2022

At least 25 illegal foreign nationals has been arrested for contravening the Immigration Act, Cape Town Police said on Thursday.

The labour and home affairs departments accompanied by the police raided several Cape Town businesses alleged to be employing illegal immigrants after receiving complaints. The raids were conducted in China City in Milnerton and Canal Walk in Century City.

Twenty five illegal foreign nationals were arrested for contravening the Immigration Act.

”Random inspections at places of employment are conducted to ensure employers of foreign nationals comply with immigration laws. Employing foreigners who are not in possession of enabling documents is an offence. The department, working in partnership with other law enforcement agencies, will continue to enforce immigration legislation with no respite.’

”The number of those arrested is expected to increase as investigations are continuing. A manager at one of the restaurants visited will be charged for contravention of the Immigration Act, which prohibits employment of illegal foreign nationals in South Africa.”

The raids were carried out after several complaints were lodged with the departments.

www.samigration.com