Court woes for Home Affairs official accused of helping Bushiri irregularly obtain permanent residency

Johannesburg - Court woes have continued to pile up for the Home Affairs senior official accused of aiding controversial pastor-turned-fugitive Shepherd Bushiri to irregularly obtain permanent residency.

The Labour Court in Johannesburg has dismissed Ronney Marhule’s application for leave to appeal its earlier judgment that went against him.

Judge Edwin Tlhotlhalemaje dismissed Marhule’s application in May that sought to bar his employer from using legal representation in the internal disciplinary proceedings against him.

Marhule, the suspended chief director of permits, maintained the department had no legal standing to use a lawyer in the disciplinary hearing.

His reasons included that the senior management service handbook did not allow for the use of lawyers in internal disciplinary hearings.

Home Affairs favoured fielding lawyers in the case, given the complexity and seriousness of issues to be traversed.

Judge Tlhotlhalemaje ruled in May that the court had no grounds to intervene in internal disciplinary proceedings and dictate how they should proceed.

Marhule approached Judge Tlhotlhalemaje again, on an urgent basis, to seek leave to appeal the May judgment. He intended to take the appeal to the Labour Appeal Court (LAC), which he believed would find differently.

After considering his argument, Judge Tlhotlhalemaje found Marhule had no prospects of convincing the LAC otherwise.

“There are no legitimate disputes on the law raised, nor are there any novel issues that deserve the attention of the LAC. Accordingly, the leave to appeal enjoys no reasonable prospects of the LAC coming to any different conclusion to that arrived in my judgment,” he said.

He further slapped Marhule with legal costs, saying the urgent application for leave to appeal had no merit.

“This matter ought not have come this far,” said Judge Tlhotlhalemaje.

Home Affairs charged Marhule and three other officials for allegedly approving the permanent residency applications of Bushiri without following due process.

An internal Home Affairs investigation found that since March 2016, when Bushiri’s application for permanent residence was received, its approval had been done without proper compliance with the department’s standard operating procedures, and was in contravention of the Immigration Act.

The Bushiris’ applications were captured and granted by its officials, using the incorrect section of the act, as a result of Bushiri and his wife Mary’s commissions or omissions, according to the department’s evidence. Bushiri, a Malawi national, faced criminal charges that included flouting South Africa’s immigration laws.

www.samigration.com



COVID Travel Restrictions: These Countries Are Allowing Indian Travellers; Here Are All Details

The world is finally opening up as COVID cases are dropping and the situation seems to be improving by the day. While many countries still haven't opened doors for Indian travellers, some of the nations have stepped up and eased the restrictions for India.

However, countries that had recently relaxed tourist visa rules for Indians including the Maldives, Nepal and the UAE, have put a ban again on Indian holidaymakers for the time-being. Below is a list of countries allowing travellers from India as of yet, with certain conditions.

1. Maldives

Flight operations to Maldives, one of the most preferred tourist destinations in the world, is about to begin next week from July 15. If you’re planning to fly from India, then please note that Go First, which was GoAir before, will be operating flights from Delhi, Bengaluru and Mumbai to Malé from July 15th onwards.

The flight will be available twice a week on every Thursdays and Sundays. Subsequently, from August 4, more flights will operate on Wednesdays and Saturdays. And if everything goes well, then from September 3 onwards, the flights between the two countries will start functioning on a daily basis.

2. Canada

From next week, Indians will be allowed to enter Canada by taking connecting flights as direct flights remain prohibited till July 21. The Indian travellers will have to produce a negative Covid-19 test result taken at the final point of departure to Canada.

"Fully vaccinated travellers allowed to enter Canada may be exempted from federal quarantine and day 8 testing starting July 5. Only vaccines approved by the Government of Canada will be accepted," Public Health Agency of Canada tweeted last week.

Canada has so far approved the Pfizer-BioNTech, Moderna, Astra Zeneca/Covishield, and Johnson & Johnson vaccines. However, Canada has not approved Covaxin from Bharat Biotech and Sputnik V from the Russian Gamaleya Center.

Restrictions will remain in place for those not fully vaccinated or vaccinated with a jab not authorised in Canada. Such travellers will have to complete the three-day quarantine at a hotel while awaiting results of their tests, submit to a second test on day eight of their arrival and complete the full 14-day period of self-isolation.

However, fully vaccinated individuals will be allowed to skip the mandatory three-day institutional isolation in Canada. Vaccination status will have to be uploaded on the Canadian government’s ArriveCan app before reaching Canada.

Canada eased travel restrictions will be for permanent residents, international students and temporary workers with a valid work permit.  

3. Germany

In the case of Germany, the country's health agency Robert Koch Institute has lifted its ban on travellers from five countries hit by the Delta strain COVID-19, including India, UK, Russia, Nepal, and Portugal.

Germany reclassified India under the "high-incidence areas" from "virus variant countries". The change eases a ban on entry for travellers who are not German residents or citizens. Germany had introduced "virus variant country" travel category to prevent the entry of the Delta coronavirus variant.

4. South Korea

In South Korea, Indian travellers don't need to quarantine themselves for two weeks if they have received both doses of the Covishield vaccine. However, those who have received Covaxin would need to quarantine themselves for two weeks as the Bharat Biotech vaccine is yet to get the World Health Organisation (WHO) approval.

5. Russia

Russia is among one of the few countries that is allowing Indians to arrive at tourist visas but with fewer flights operating at present, the outbound traffic isn't worth writing home about. Also, promises of 'vaccine holidays' are turning out to be false, because Russian authorities have confirmed to India Today Television that the country isn't inoculating tourists.

6. Turkey

Turkey is welcoming Indian tourists but it mandates 14-days quarantine upon landing. Travelers will have to undergo an RT-PCR test on the fourteenth day and only on testing negative, will they be allowed to leave the quarantine facility.

7. Egypt

Egypt is a destination open to Indian tourists too, but all those arriving in the country will have to take a rapid DNA test upon arrival. If found positive, travelers will either be asked to return to their point of departure or will be isolated for at least 14 days.

8. Switzerland

In a statement issued by the Swiss government, entry from a country with a “variant of the virus of concern“ will also be allowed with certain conditions, which includes countries in the “high-risk” category like India, reported India Today.

“Persons who have been vaccinated or who have recovered from the disease will be permitted to enter Switzerland from these countries or regions without having to be tested or to quarantine as long as it is certain that the vaccination offers good protection. Those who have neither been vaccinated nor have recovered must present a negative PCR test or rapid antigen test and go into quarantine on entry,” the Swiss government's statement said.

9. South Africa

South Africa hasn't imposed any travel restriction on Indian tourists since the beginning of the pandemic but flight options remain limited as do ports of entry. South Africa is currently under Level 1 curfew, which amounts to travelling under restrictions, possibly not amenable to holidaymakers. 

The second wave of the coronavirus pandemic in India brought a host of flight bans to foreign countries. These include preferred holiday destinations such as the United Kingdom, United States, Europe, United Arab Emirates, Hong Kong, Thailand and Sri Lanka among others.

www.samigration.com


The English Language Requirement for UK Family and Partner Visas

The UK Immigration rules require that certain immigration routes must fulfil an English Language requirement.

In this post, we discuss specifically discuss the requirements that applicants have to meet for some UK family and partner visa applications. 

Family Visa routes and the English Language Requirement 

Persons applying as a fiancé(e), proposed civil partners, civil partners, spouses, unmarried partners and same-sex partners of British citizens or persons settled in the UK must fulfil an English Language Requirement. The same requirement applies to persons applying as the parent of a child in the UK. Partners of members of the HM Forces who are British citizens or have settled status also have to fulfil the English Language Requirement. 

How to fulfil the English Language Requirement 

Applicants can fulfil the English Language requirement in several ways:

  • You have to pass a test at or above the required Common European Framework of Reference for Languages (CEFR) level with an approved provider; or  
  • You are a national of a majority English speaking country; or 
  • Have an academic qualification (Bachelor, Master’s or PhD) awarded in the UK; or 
  • You have a similar academic qualification awarded outside the UK. It is deemed by Ecctis (previously known as UK NARIC) to meet or exceed the UK standard and was taught in English at or above the CEFR level. 

Many South Africans think that they automatically fulfil the English language requirement as they are from a majority English speaking country or because their mother tongue is English. Unfortunately, the Home Office does not recognise South Africa as a majority English speaking country, and South Africans have to meet the English language requirement in one of the other ways. 

We strongly advise that visa applicants who need to sit an English language test speak to a consultant to ensure they sit the English test at the correct level from an approved provider. The Home Office will not accept tests results from providers that are not approved by them or not at the correct level. 

Exemptions from the English Language Requirement 

The Home Office exempt certain categories of persons from the English Language Requirement. This include: 

  • Applicants that are 65 years or older at the date of the UK visa application; 
  • Applicants who have a physical or mental condition that prevents them from meeting the requirement; 
  • Or in cases where exceptional circumstances are preventing a person from meeting the requirement. In such cases, we strongly recommend that you seek advice from our  consultant

www.samigration.com


Home Affairs bought cheap IT network package against advice

Service provider has 48 hours to repair system crashes

The department of home affairs, which processes millions of documents each year, bought a cheap package of network services that takes its service provider up to two days to repair when the system crashes. 

Long queues are the order of the day at home affairs offices with the public frequently told as an explanation that “the system is down”. Network services are procured through the State Information and Technology Agency (Sita), which either provides them itself or uses external service providers. .

www.samigration.com


Golden visa investments plummet in May

The investment captured through 'gold' visas fell 81% in May, in homologous terms, to 27.7 million Euros, according to the calculations made by Lusa based on SEF data.

In May last year, the investment had amounted to 146.1 million Euros.

Compared to April (51.2 million Euros), investment resulting from the Residence Permit for Investment (ARI) programme fell 45.8 percent.

According to data from the Foreigners and Borders Service (SEF), 52 golden visas were granted in May, of which 46 were for the purchase of real estate (11 for urban rehabilitation), five for capital transfers and one for job creation.

The purchase of real estate totalled 26 million Euros in May, of which 4.2 million Euros in acquisition for urban rehabilitation, while the transfer of capital was responsible for 1.6 million Euros.

By countries, 24 golden visas were granted to China, four to South Africa, three to Canada, three to the United States and two to Vietnam.

In the first five months of the year 378 golden visas were granted, of which 55 were in January, 100 in February, 73 in March and 98 in April.

The investment raised between January and May totalled €201.1 million, down 31.5 percent compared to the same period in 2020.

The ARI concession programme, launched in October 2012, recorded until last May - in accumulated terms - an investment €5,840,181,311.08. Of this amount, most corresponds to the purchase of real estate, which after more than eight years of the programme amounts to €5,283,041,677.44, with the purchase for urban rehabilitation totalling €309,889,741.74.

The investment resulting from the capital transfer is 557,139,633.64 Euros.

Since the creation of The ARI concession programme, which aims to attract foreign investment, 9,767 ARI have been granted: two in 2012, 494 in 2013, 1,526 in 2014, 766 in 2015, 1,414 in 2016, 1,351 in 2017, 1,409 in 2018, 1,245 in 2019, 1,182 in 2020 and 378 in 2021.

By May, 9,170 visas had been granted by way of purchase of real estate, of which 859 with a view to urban rehabilitation.

By requirement of capital transfer, the visas granted total 578 and the ARI obtained by job creation rises to 19.

By nationalities, China leads the allocation of visas (4,923), followed by Brazil (1,021), Turkey (464), South Africa (403) and Russia (375).

Since the beginning of the programme 16,615 residence permits have been granted to reunited family members, of which 565 this year.

www.samigration.com