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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Organised crime syndicates on home affairs’ radar

Organised crime syndicates on home affairs’ radar

07 September 2021 – Business Day  

Home affairs minister says two-thirds of all anticorruption work in the department relates to immigration

The home affairs department, together with the Hawks, is investigating the operation of organised crime syndicates involved in the fraudulent issuing of documents.

An undercover operation had caught a syndicate involved in the fraudulent issue of passports by means of photo swaps, Constance Moitse, the deputy director-general of the department’s anticorruption and security services branch, said on Tuesday in a briefing to parliament’s home affairs committee. The branch has a budget of R176m in 2021...

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SA ready to roll out e-Visas to 15 countries

SA ready to roll out e-Visas to 15 countries

08 Sep 2021 – Tourism Update

The Department of Home Affairs (DHA) has begun implementation of its electronic visa system (e-Visa) to 15 countries.

The implementation would be released in a phased approach, starting with Kenya and Cameroon, said DHA Chief Director of Port Control, Rika Anker, in a letter to the airline industry on Monday (September 6).

She noted that only short-term e-Visas would be issued initially for a period of 90 days or less. “Other e-Visa categories will be added later during the implementation process.”

Meanwhile, addressing the National Tourism Stakeholder Forum today (September 8), DHA Director of Immigration Services, Phindiwe Mbhele, listed the 15 countries and outlined the process followed to begin implementation.

He said e-Visa activation would start this month and likely conclude in November. The 15 countries are (in order of activation):

  • Kenya and Cameroon
  • Democratic Republic of the Congo, Philippines and Rwanda
  • Ethiopia, Iran and Egypt
  • India, Uganda and Mexico
  • Pakistan and Nigeria
  • China and Saudi Arabia

Since November 2019, the Government has been testing the South African e-Visa. At the same time, facilities with smart technology are being set up at major South African airports to facilitate electronic document checks.

Thulani Mavuso, DHA Director General of Home Affairs in South Africa, said earlier this year that the new online system would be introduced to increase tourism by making it easier for foreign visitors to obtain a visa to travel to South Africa.

Echoing Mavuso’s comments, President Cyril Ramaphosa praised the implementation of the new system, pointing out that the e-Visa was a step toward ‘renewal of the country’s brand’. The goal, included as part of the Economic Recovery Plan, is to double tourist arrivals to 21 million by 2030.

The implementation and fast-tracking of e-Visas is also one of the key enablers of the Tourism Sector Recovery Plan, which focuses on three strategic pillars: re-igniting demand, rejuvenation of supply, and strengthening and enabling capability

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ASYLUM SEEKERS PERMIT EXPIRED during LOCKDOWN – Don’t know what to do ?

ASYLUM SEEKERS PERMIT EXPIRED during LOCKDOWN – Don’t know what to do ?

Apply Now for Temporary Residence even with EXPIRED LOCKDOWN PERMITS

The Constitutional Court 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  temporary residence visa . Contact us now before this fantastic opportunity is lost .

Contact us now and ask me HOW CHANGE TO TEMPORARY RESIDENCE . Travel abroad from South Africa , get a Canada , Schengen Visa afterwards .

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

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


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Residency in limbo: Living in hope of the stamp of approval from South Africa’s Home Affairs

IMMIGRATION REGULATION

Residency in limbo: Living in hope of the stamp of approval from South Africa’s Home Affairs

Daily Maverick -  05 September 2021

Years of waiting for permanent residence to be granted, unable to work, open a bank account or sign for a cellphone contract, exact a heavy toll on a person.

“I can’t sign contracts with industry partners. I can’t open bank accounts. I am completely dependent on my partner,” says James (not his real name), who’s been waiting for word on his permanent residence application for several years.

The two established a business that has created five permanent jobs and kept it going during Covid-19 by dipping into their savings. 

“It’s grim,” says Alice (not her real name), who is considering taking the children and leaving South Africa for a country that would allow her to work and support her family.

“My cellphone is not mine… I don’t have a bank account,” says Alice, whose application for permanent residence has been in the system for years.

Jason (not his real name) says he is tired of calling the Home Affairs helpline as the years tick by and his child gets older. 

Daily Maverick reported in late August (Home Affairs, where permanent residency applications go…) that a presidency briefing document to the National Economic Recovery Committee, part of the architecture to drive key structural reforms, advised Home Affairs that “the processing of applications need to resume as soon as possible”.

Home Affairs told Daily Maverick that the backlog included pre-Covid-19 permanent residence applications and that a team had been put together to deal with the 33,700 applications.

With the state of disaster declared in March 2020, Home Affairs suspended the processing of permanent residence applications. However, a June 2021 gazetted directive stated that this would resume on 1 January 2022.

*James and Alice, along with their partners, have invested in South Africa – in the case of Alice, the forex equivalent of well over R9-million over a decade or so. They have created jobs for locals. And yet they, along with tens of thousands of others who have applied for permanent residence, remain in limbo.

Without a permanent residence permit, it’s not possible to work legally, open a bank account or even renew a car licence. It’s illegal to drive an unlicensed vehicle. Some might be rich enough to hire cars, but not everyone is.

When the driver’s licence of a permanent resident applicant’s originating country expires, even renewing an AA-approved international driver’s permit is no longer an option – and with only a temporary permit it’s impossible to apply for a South African driver’s licence. The school run has just become impossible to do legally.  

Day-to-day life is difficult, says Alice: “Because of the situation, I’ve never felt really part of the country. I never felt legitimate.”

Anxiety is also real for James, who says he can’t leave the country pending his still-in-progress application in case he isn’t allowed back in. Never mind having to wait for years for a decision. “All the documents, all the time, all the stress.”

At times, it seems everyone knows someone, or of someone, caught in this bureaucratic loop. And a whole industry seems to have arisen around permanent residence applications.

This includes so-called agents who charge up to R10,000 to ensure the paperwork is put together right and facilitated through VFS Global, the service provider engaged by Home Affairs.

“All permanent residence permits applications must be done online: www.vfsglobal.com/dha/southafrica. Once your application has been submitted online, you need to book an appointment at the nearest Visa Facilitation Centre in which you intend to live and work to submit supporting documents and have your biometrics taken…” according to the Home Affairs website (PRP).

Establishing a business, retiring, having critical skills or being financially independent are grounds to apply for permanent residence under the Immigration Act, according to the Home Affairs site.

VFS Global is glad to support DHA [Department of Home Affairs] in delivering an integrated service which encourages proactive measures towards delivering a modern and seamless service.”

Pending the official determination of a permanent residence application, the applicant must have a temporary permit. These lapse every two years – and every application not only requires the payment of fees, but also X-rays to prove the absence of TB, a doctor’s report, police clearance certificates from every country lived in since the age of 18, birth certificates, marriage certificates and so on. The list is long. 

And the complaints are endless, as outlined by Twitter user @tomaton following the initial Daily Maverick report:

 @BonganiMrara2 mentioned a relative’s application that has been stuck in the system for three years:

Some people have simply given up, like the Cape-based couple who, according to the grapevine, closed their business and relocated to another country after years of unsuccessful battles with Home Affairs.

James says South Africa competes globally for investment and entrepreneurs, but it’s a challenge. “The authorities are not making it easy. It’s definitely not easy due to all the administrative hurdles.” 

For Alice, difficult family decisions lie ahead. For Jason, the wait continues – as it does for thousands of others hoping to live in South Africa legally.

Government’s review of the immigration regulatory framework – the presidency document described the current process as “lengthy, unnecessarily complicated” – is expected to be completed by the end of October. It’ll come with recommendations of what should be changed to support skilled immigration and investment deemed vital for economic growth.

 It remains to be seen whether this is a silver lining for those who have been waiting for years to make South Africa their home and contribute to the economy and their communities. DM 

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