Unblocking skilled immigration is a priority for Operation Vulindlela

Unit is reviewing the work permit regime with the aim of eliminating onerous and inefficient requirements and broadening the critical skills list

31 August 2021 – Business Day

Operation Vulindlela, the joint delivery unit in the Treasury and the presidency, is overseeing a review of the work permit regime, which has been a constraint on growth and investment for at least two decades.

Sean Phillips, head of the unit, briefed parliament’s standing committee on appropriations on Wednesday on the progress made since it was established last October. The aim of the unit is to “unblock” constraints on growth and oversee the implementation of microeconomic reforms by government departments.

So far it has been able to open the way for private sector players to build and sell on their own electricity of up to 100MW, without requiring a licence. The unit has also been involved in regulatory reforms to unbundle Transnet and create a stand-alone national ports regulator. The regulator is an important step to attracting private investment into port infrastructure, which Transnet has announced it aims to do.

“Operation Vulindlela is a delivery unit to support the cabinet and the president with the implementation of structural reform. We have an initial number of high-impact reforms, which is deliberately not comprehensive ... but based on impact of the reforms on economic growth,” said Phillips.

Immigration policy has been hampered by red tape due to political opposition to the importing of scarce skills. The government has put increasingly onerous legislation in place on the assumption that skilled immigrants take the jobs of South Africans.

“One of the key reforms is to review regulatory processes for issuing work permits to address the problem that business finds the application process unnecessarily onerous and ineffective. The growth of the economy is constrained by insufficient skills in a number of areas,” said Phillips.

In February, after a two-year delay at the prompting of the unit, minister of home affairs Aaron Motsoaledi published the critical skills list under the Immigration Act, which sets out occupations where skills are in short supply. However, the list was farcical and included only 126 narrowly defined occupations, among which were widely available skills, such as camp site managers, web designers and chefs.

Phillips said the presidency is now co-ordinating a process with the five government departments involved. It is also overseeing the full rollout of the e-visa system.

Among the other reforms in the sights of Operation Vulindlela are: digital migration and auction of broad band spectrum; a range of reforms in the water sector; overseeing municipal water and electricity infrastructure maintenance and issues; and the establishment of a water and transport regulator.

The unit is also pushing for the finalisation of a white paper on national rail policy, and the finalisation of policy in the communications sector pertaining to the rapid deployment of electronic communications.

www.samigration.com

 

Artisans Critical Skills Visa & Trade Tests Mystery Solved

On 19 March 2021 in a GOVERNMENT NOTICE there was published in the appropriate government gazette  by the DEPARTMENT OF HIGHER EDUCATION AND TRAINING and it was called NATIONAL REGISTER OF ARTISANS REGULATIONS. 2020 SKILLS in terms of the DEVELOPMENT ACT, 1998 (ACT 97 OF 1998) they published the National Register of Artisans Regulations 2020,

 

In this regulations the following was covered

 

These regulations:

1 Implement Section 26 C of the Skills Development Act No 97 of 1998, as   

   amended in 2008.
2. Establish and maintain the Register of Artisans in South Africa.
3. Define the requirements and the process of registering on the Department of

    Higher Education and Training (DHET) Register of Artisans.
4. Enable the DHET to distinguish for statistical purposes between artisans    

    practicing the trade in which they are qualified and those who are no longer    

    practicing the trade.
5. Enable the DHET to distinguish and monitor for statistical purposes between

    foreign national and South African qualified artisans in the country.
6. Enable the DHET to determine the need for and grow the capacity of mentors for

    mentoring of artisan apprentices.
7. Assist DHET to determine the targets for focused artisan training in order to

    address the scarcity of artisans to industry.
8. Does not seek to establish a professional body for qualified artisans in South

    Africa  rather work with all professional bodies in maintaining a register of all

    qualified artisans

 

Over the past  couple of months we  have been  looking into the issues around Artisans and Trades category  of the Critical Skills Work Visa.  A number  of applicants applying under this category  had been receiving  a number of rejections  when applying for their critical skills work visa  due to the fact that they were  not  registered  with the Engineering Professionals Council  of South Africa (ECSA).  When approached for membership ECSA would indicate that they do not register  artisans  or tradesman because their minimum qualifying NQF is 5 and all artisans  where ranked by SAQA as holding NQF 4 qualifications.  After some research  and liaising with officials we have now found the solution to this conundrum.

All applicants for  the CSV visa  must register with a professional body in addition  the Department  of Home Affairs required every artisan to be trade tested.  This  proved to be a challenge  since all of them had been trade tested in their respective home countries and had their qualifications confirmed and benchmarked  by SAQA.  Those that approached the Department of Higher  Education`s Indlela National Artisans Moderation Body  were issued with letters  that  stated that  the provisions of the Act that empowered the NAMB and DHET  to keep a register  of Artisans  had  not been implemented. That letter was to be used in submitting the application for the visa. But even with this letter the applications were still  being rejected.

"Artisan" means a person that has been certified as competent to performa listed

trade in accordance with the SDA.

"Artisan Learner" means a learner undergoing a formal learning program which

includes structured work experience components in a listed trade, and includea

trade test in respect to that trade.

"DG" means the Director -General of the Department of Higher Education and

Training.

"Listed Trade" means a trade listed in terms of Section 26 B of the SDA and

published in Government Gazette No 35625 dated 31 August 2012.

"QCTO" means The Quality Council for Trade and Occupations.

"SAQA" means the South African Qualifications Authority.

"Qualified Artisan" in teems of these regulations means a person who has

undergone a Trade Test and passed, and is certificated as an artisan in terms of

the SDA or any other South African Act in a specific listed trade.

"Practicing Artisan" in terms of these regu'ations means a person who has

passed a trade test in a :fisted trade and is using tools, equipment and machinery

to manufacture, produce, service, install or maintain tangible goods, productsor

equipment in an engineering and/or technical work environment in the listed trade

in which he /she is certificated by QCTO or any other legislation ina specific listed

trade.

"Non- Practicing Artisan" in terms of these regulations means a person who has

passed a trade test in a listed trade and is not using tools, equipment and

machinery to manufacture, produce, service, install or maintain tangible goods,

products or equipment in an engineering and /or technical work environment in the

listed trade in which he/she is certificated by QCTO or any other South African Act

in a specific listed trade.

"Foreign National Practicing Artisan" in terms of these regulationsmeans any

foreign national artisan who iscertified as an artisan by QCTO or holds a

qualification issued in the country of origin and the qualification has been evaluated

and verified by SAQA, who isusing tools, equipment and machinery to

manufacture, produce, service, install or maintain tangible goods, productsor

equipment in an engineering and/or technical work environment in the listed trade

in which his /her qualification has been evaluated and verified by SAQA

"Foreign National Non -Practicing Artisan" in terms of these regulationsmeans

any foreign national artisan who is certified as an artisan by QCTO or holds a

qualification issued in the country of origin, and the qualification has been

evaluated and verified by SAQA, who processes trade certificate in a particular

trade, not engaged in the practice of that profession.

From the above it is clear that the foreign qualified trades person need no longer write a new trade test in south Africa and this will be a massive help in getting the appropriate critical skills visa in a quicker manner without having to jump through more legislative hoops when they were qualified in their home countries.

Please contact us at SA Migration and let us help you get your accelerated critical skills visa and permanent residence .

 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

 

 

 

Motshekga says migrant pupils without documentation should be admitted to schools

The Citizen – 20 August 2021

This comes after it was reported that pupils without birth certificates were denied entry into schools.

The minister of basic education, Angie Motshekga, said migrant pupils should neither be refused entry to schools in the country nor removed from them if they do not have proper documentation.

This comes after it was reported that pupils without birth certificates were denied entry into schools.

EWN reports that Motshekga has since written to the African Diaspora Forum to allay the structures concerns.

Motshekga reportedly said that though the schools’ admission policy permits schools to ask for documentation, this did not mean pupils could be refused entry if they did not have any.

Furthermore, Motshekga explained that in cases where the documents have not been finalised within the three months stipulated, that the pupil’s parents should be provided with assistance.

It was reported that schools found guilty of admitting pupils without the necessary documents as per the Immigration Act could be fined up to R5,000 per pupil.

The chairperson of the African Diaspora Forum, Dr Vusimuzi Sibanda, has since welcomed Motshekga’s assurance.

Sibanda was quoted as saying that it was not only migrant children who had been affected by the policy but South African children as well.

The department of education has issued a directive that schools across the province should ensure that all learners are admitted while the ministerial task force on the matter is being finalised.

www.samigratio.com

 

Skilled workers locked out of Australia as ‘global talent’ visas surge

Sydney Morning Herald – 19 August 2021

The federal government has issued more than 12,000 of its controversial new “global talent” visas during the pandemic, while nearly 19,000 existing holders of previously issued skilled visas have remained stuck offshore.

The global talent 858 visas are a fast track to permanent residency for skilled migrants, introduced in December 2019. Experts have warned the economic value of the visa is unproven and “murky” criteria leaves it open to influence peddling.

Figures obtained by The Sun-Herald under freedom of information laws reveal 19,345 holders of temporary skilled visas were outside Australia in April this year, with more than 7500 of these visas due to expire by the end of this year, and another 9200 by the end of 2022. The figures include the 457 and 482 temporary skills shortage visas and the 491 and 494 regional skilled visas.

Many of these people were caught outside Australia when the borders closed or needed to travel for urgent personal reasons and have been unable to obtain a travel exemption to return to their homes and jobs in Australia. Some may have left permanently, while others are still hoping to return.

Former deputy immigration secretary Abul Rizvi said the loss of these skilled workers would be a brain drain for Australia and affect our international reputation.

“It’s certainly damaging when we’re talking about the loss of specific skills that will be hurting the Australian economy, but more importantly it’s probably a reputational damage and damage in terms of the individuals affected,” Mr Rizvi said.

“These are people, their lives are being put into serious damage and upheaval and I think if we had greater quarantine capacity we may have been able to let more of them in.”

He said the exemption process was “a bit of a mystery” given British far-right commentator Katie Hopkins was determined to have a critical skill, whereas people with more significant qualifications were locked out.

The government appears to be ramping up the new global talent (858) visa program instead, which it says is “designed to prioritise exceptional talent and provide a pathway to permanent residency”.

A spokesperson for the Department of Home Affairs said it issued 12,167 global talent visas from March 21, 2020 to June 30, 2021 but only 367 had entered the country, with many of the applicants having applied while already in Australia. The allocation for the 2021-2022 migration program is 15,000.

The Grattan Institute’s analysis earlier this year said the new Global Talent Program “should be scaled back while its value is assessed.”

Grattan fellow Henry Sherrell said: “With employer sponsorship, it’s clearer to meet a set of objective standards, whereas with global talent, it’s a lot more murky.”

Mr Rizvi warned the global talent visa effectively undermines every other skill stream visa because it is more flexible, while the “lack of legal criteria leaves it much more exposed to the risk of cronyism”. He said public servants need legal criteria in order to withstand requests from influential people to do a favour for a mate.

The Home Affairs spokesperson said more than 30 per cent of the global talent visas were in digital technology, including experts in quantum computing, blockchain and long-range wi-fi.

About a quarter were researchers and entrepreneurs in health and life sciences, 20 per cent were specialists in resources and clean energy, while many of the remainder were working across fields such as biotechnology and the development of advanced manufacturing materials.

The spokesperson said the 482 temporary skill shortage visa and the 457 visa it replaced were for the benefit of businesses that need critical skills that can’t be filled by Australians.

“Australia remains committed to using skilled labour to support economic recovery from the pandemic, but this needs to be balanced in the context of ensuring the health and safety of all Australians,” the spokesperson said.

Labor’s home affairs spokeswoman Kristina Keneally said there had been numerous calls to review or scrap the global talent visa.

Lives in limbo

Katie Morris, 30, lived in Australia for seven years and considers Sydney home, but has been stuck living with her parents in Kansas City since the start of the pandemic.

Ms Morris flew to the United States at the start of March 2020, before there was any talk of a border closure or warnings not to travel, to see if she was a stem cell match for her aunt. (She proved to be a match and ended up donating her stem cells in June; her aunt is now cancer-free).

It was meant to be a 10-day trip but the Australian government shut the international border 24 hours before she was due to fly back. Ms Morris called the airline at 4.30am to try to move to an earlier flight but the next available flight was still due to land in Sydney eight hours after the deadline.

Kuldeep Rawal, saw his wife Renu Dhaka and son Kushaal Rawal, before the pandemic. He hasn’t seen his family for 18 months and is a stranger to his son.

“I was following the rules,” Ms Morris said. “It’s really hard to do something that feels like the right thing, and then have it catastrophically blow up your entire life.”

Before her 457 visa expired in April this year, Ms Morris applied for three travel exemptions to return to Australia but were all denied. In June last year she submitted her application for permanent residency and is still waiting for an answer more than a year later.

Ms Morris has managed to hold on to her job by working remotely but between cutbacks and the unfavourable exchange rate, she can’t afford not to live with her parents while in the US. She is still paying for storage of her belongings, care for her pet dog and her mobile phone back in Australia in the hope of returning.

Kuldeep Rawal, from Stawell in Victoria, is a 491 visa holder working in food services at a hospital who has been separated from his family because of the border closure.

His wife Renu Dhaka and son Kushaal have been stuck in India since early 2020 and have had multiple travel exemptions refused including one submitted by a migration agent.

“Last time I saw my son, he was four months old and it was his second birthday [in June],” Mr Rawal said. “He doesn’t even know who I am. Every time I try to talk to him, he just runs away as he wants to play and I can’t play with him. [With my wife], our relationship is going through a hard time as we just talk and cry about border reopening.”

www.samigration.com

 

Woman guilty of arranging fake marriages between SA women and foreign nationals

26 August 2021 – The Citizen

The Hawks say Nomabandla Manjezi and her partner recruited young women and paid them between R200 and R300 each to marry Bangladeshi nationals.

A 47-year-old suspect was on Tuesday convicted for fraud and corruption for arranging fraudulent marriage certificates between South African women and foreign nationals.

The Hawks have welcomed the conviction handed down to Nomabandla Manjezi by the Specialised Commercial Crimes Court in Port Elizabeth.

Hawks spokesperson, Lieutenant-Colonel Philani Nkwalase, said Manjezi was found guilty on four counts of corruption and two counts of fraud. The matter was postponed to 18 February for sentencing.

“She was arrested along with Abu Bokar, 46, following a tip-off received by the immigration officers about the arranged fraudulent marriage certificates between South African women and foreign nationals. Their operations were accosted during a waylay investigation in March 2017 resulting in them being charged for fraud and corruption.

“During the arrest of the duo, their premises which included a cellphone shop in North End and a house in New Brighton were searched. Consequently, documents linked to their criminal operations were found in a container at the New Brighton premises and were seized for further investigation.

“The Hawks investigation revealed that the duo recruited young women from New Brighton, Kwazakele and Zwide, then paid them between R200 and R300 each to marry Bangladeshi nationals, whilst other local women were unaware that they were married to foreign nationals.

“Bokar appeared in the same court on 14 August 2018 and he pleaded guilty on two counts of fraud.

www.samigration.com