German government seeks to ease rules for naturalization

ABC News – 18 January 2023

BERLIN -- Germany's socially liberal government is moving ahead with plans to ease the rules for obtaining citizenship in the European Union's most populous country, a drive that is being assailed by the conservative opposition.

Chancellor OIaf Scholz said in a video message Saturday that Germany has long since become “the country of hope” for many, and it's a good thing when people who have put down roots in the country decide to take citizenship. 

“Germany needs better rules for the naturalization of all these great women and men,” Scholz said.

Germany’s socially liberal government is moving ahead with plans to ease the rules for obtaining citizenship in the European Union’s most populous country, a drive that is being assailed by the conservative opposition

The overhaul of citizenship rules is one of a series of modernizing reforms that the three-party coalition of Scholz's center-left Social Democrats, the environmentalist Greens and the pro-business Free Democrats agreed to tackle when it took office last December. The Interior Ministry said on Friday that draft legislation is "as good as ready."

Last year's coalition agreement calls for people to be eligible for German citizenship after five years, or three in case of “special integration accomplishments,” rather than eight or six years at present. German-born children would automatically become citizens if one parent has been a legal resident for five years.

The government also wants to drop restrictions on holding dual citizenship. In principle, most people from countries other than European Union members and Switzerland currently have to give up their previous nationality when they gain German citizenship, though there are some exemptions.

Interior Minister Nancy Faeser argued that reducing the waiting time to be eligible for citizenship is “an incentive for integration.” 

The aim is to reflect reality, she said Friday. “We are a diverse, modern country of immigration, and I think legislation must reflect that.”

Official statistics show that about 131,600 people took German citizenship last year, a quarter of them citizens of other EU countries. The number was 20% higher than the previous year, in part because an increasing number of Syrians were naturalized. Germany's total population is around 84 million.

The main center-right opposition Union bloc rejects the plans to liberalize naturalization laws. 

“Selling off German citizenship cheap doesn't encourage integration — it aims for exactly the opposite and will trigger additional ‘pull effects’ for illegal migration,” senior conservative lawmaker Alexander Dobrindt told Saturday's edition of the Bild daily. 

“Five years is a very, very short time” for people to be eligible for citizenship, Union chief whip Thorsten Frei told ZDF television.

Among other liberalizing plans, the government has removed from Germany’s criminal code a ban on doctors “advertising” abortion services. It has reduced the minimum age for voting in European Parliament elections from 18 to 16 and wants to do the same for national elections.

It also wants to scrap 40-year-old legislation that requires transsexual people to get a psychological assessment and a court decision before officially changing gender, and replace that with a new “self-determination law.” And it aims to decriminalize the possession of limited quantities of cannabis and allow its sale to adults for recreational purposes in a controlled market.

Some of the plans may run into difficulty in parliament's upper house, which represents Germany's 16 state governments and where Scholz's coalition doesn't control a majority. It had to water down elements of an overhaul of unemployment benefits to get that passed this week.

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Nigerians explore Egypt, Morocco, others after Dubai visa ban

Daily Trust Saturday – 18 January 2023

Hundreds of Nigerians are now exploring other destinations after Dubai in the United Arab Emirates (UAE) slammed a total visa ban on them in October.  

Daily Trust Saturday reports that before the ban on Nigerian businessmen, Dubai had first tightened visa requirements for applicants from Nigeria.

For now, only Nigerians with diplomatic passports and few others have easy access to Dubai.

Dubai was hitherto the destination of choice for many Nigerians for many purposes, including business,

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Legalising yourself from within South Africa

SA Migration – 16 January 2023

In the past, prior to the amendments to the Immigration Act, it was possible for an illegal foreigner to “legalise” or “regularise” him/herself from within South Africa by making payment of the requisite fine. This is no longer the case and we are constantly encountering foreigners who find themselves illegally in South Africa with little hope of rectifying their situation.

The current dilemma

In many cases, these illegal foreigners elect to depart South Africa and contest any ban issued to them from outside of the country. This involves the submission of an overstay appeal to the Department of Home Affairs (“DHA”). A number of foreigners, however, simply have too much invested in South Africa and are unwilling to depart the country for fear of incurring a ban that may or may not be overturned.

What your options are

Where an illegal foreigner wishes to “legalise” him/herself from within South Africa, he/she must meet certain criteria in order to do so. For the sake of clarity, “legalising” a foreigner entails applying to DHA for authorisation for the foreigner to remain in South Africa whilst submitting a visa application and awaiting the subsequent outcome. The “legalisation” does not provide the foreigner with the rights attributed to the holder of a specific visa until such visa has actually been issued to the foreigner.

How to get started

In order to qualify for “legalisation”, an illegal foreigner must satisfy DHA that: he/she was unable to submit a visa application timeously for reasons beyond his/her control and; that he/she is now in a position to do so. The latter requirement will be met by providing DHA with proof of a completed visa application containing all the requisite documents. The former requirement, however, is slightly more problematic.

The question of what the phrase “for reasons beyond his/her control” refers to is not clearly answered in the Immigration Act, but it is generally accepted that these reasons include medical grounds and errors on the part of DHA. For example, where an Applicant has applied for a visa timeously, but DHA have subsequently lost the application and the foreigner’s visa has expired in the interim. All of this information will need to be provided to DHA in the form of written representations called an authorisation application. Such applications are commonly referred to as “good cause applications” by DHA officials.

Authorisation applications are assessed on a case-by-case basis and there is a degree of discretion applied by DHA in considering whether additional factors should be taken into consideration. A prominent factor taken into consideration will be whether the foreigner in question is married to a South Africa citizen or has South African children.

A Successful application

If such an application is successful, the foreigner will be provided with a Form 20 (also known as a letter of good cause) which authorises the foreigner to submit a visa application by a prescribed date. This authorisation lapses as soon as an outcome is received in the visa application. If the outcome is negative, the foreigner will need to depart South Africa immediately.

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Relative Visa

SA Migration | 16 Jan 2023

Family members of a South African citizen or permanent resident can apply for a temporary residence Relative Visa if they fall within the first or second line of kinship.

This visa applies to the following:

• Spouses

• Life partners

• Parents

• Children

• Siblings

Life partners (heterosexual or same-sex) of a South African citizen or permanent resident must provide comprehensive and satisfactory evidence that their relationship is at least two years in length to apply for the Relative’s Visa.

Read more about the relative permit and spousal visa

Spouses or partners who want to work, study, or conduct business must apply for a Visitor’s Visa 11.6 (Reside with SAC and work). Notably, this visa is not available to any other relatives.

In the case of dependent family members, the South African citizen or permanent resident must prove their ability to financially care for the applicant. Furthermore, the applicant is not allowed to work and must prove kinship via a birth certificate. For spouses, a financial requirement is not necessary. However, they may be subject to an interview to demonstrate the authenticity of the relationship. You can read a full list of required documents on the visa facilitation website. 

Relatives’ permits are valid for two years and can be extended. For certain immediate family members – such as a spouse or dependent children – the permits are issued free of charge (except for the VFS fee). That said, there is still an additional application fee and different conditions for extended family members wishing to visit South Africa.

Processing time for the Relative Visa is up to 60 working days from the date of submission. The costs depend on the relationship between the applicant and the South African resident or citizen.

Medical Visa

A Medical Visa is required if you enter South Africa on the grounds of seeking medical treatment. The DHA issues this visa for a maximum of six months and only if specific visa requirements are met. Notably, the permit holder is not permitted to work or look for work during this period.

Apart from the typical supporting documents, the applicant must provide a letter from their registered medical practitioner or institution stating:

• The available space in the medical facility

• Estimated costs of the treatment

• The treatment schedule and period of intended treatment in South Africa

• The prognosis

Additional documents include:

• Proof of financial means or health insurance to cover all the medical costs

• Proof of economic independence to cover living costs

• A valid return air ticket

• The particulars of the applicant’s companions (if applicable)

The processing time for a Medical Visa is up to 60 working days from the date of submission, and the costs are R425 for the application fee and R1,350 for the service fee.

Retired Person’s Visa

The Retired Person’s Visa is a temporary residence visa for any person, regardless of age, who intends to retire in South Africa. To qualify for this visa, the applicant must show that they have sufficient financial means to support themselves in South Africa.

To meet the necessary financial requirements, the applicant will need to show that they receive a monthly income of at least R37,000 per month through specific means; such as a pension fund, an irrevocable retirement annuity, a net worth, or a combination of assets.

Business Visa

SA Migration | 16 Jan 2023

South Africa is a country that welcomes much-needed foreign investment. Therefore, a section of South African immigration legislation deals specifically with foreign individuals wishing to conduct business in the country or invest in a South African company.

If you are trying to start your own business, take over an existing business, or invest in a company in South Africa, you need to apply for a Business Visa. Furthermore, you will need to invest a prescribed financial capital contribution, and at least 60% of your workforce needs to be South African.

The capital requirement may be reduced or waived for the following industries:

• Information and communication technology

• Clothing and textile manufacturing

• Chemicals and biotechnology

• Agriculture processing

• Metals and minerals refinement

• Automotive manufacturing

• Tourism

• Crafts

You should also show proof of the following:

• Certification by a chartered accountant of an amount determined by the minister or a capital contribution

• A recommendation from the Department of Trade, Industry and Competition (DTIC) regarding the feasibility of your business plan

• Undertaking to register with an appropriate statutory body, depending on the nature of the business

• An undertaking to register with the South African Revenue Service (SARS)

The processing time is within 40 working days and the cost is R1,520 for the application plus R1,350 for the service fee.

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Non-immigrant South African visas (long-term)

Study Visa

Foreigners who want to study in South Africa, at any level, must apply for a Study Visa before they arrive in the country. This applies even if you are coming to South Africa as the dependent of someone who is coming to work there. International students applying for scholarships in South Africa may also require a study visa first. You can read more about how to apply, as well as the requirements, in our Guide to student visas in South Africa.

Exchange Visa

Young people aged 25 and under can apply for an Exchange Visa in order to participate in economic, cultural, and social exchange programs in South Africa. Notably, these programs must be affiliated initiatives between a South African state body or higher education institution and an international organization or education institution.

The University of Cape Town in South Africa 

It is important to note that these visas are only valid for the duration of the program and cannot be renewed or extended. The documents required depend on the exchange program and the processing time is within 40 working days. You will need to contact the embassy to find out the costs as these can vary.

Work Visas

There are four primary types of work visas available for South Africa, and these depend on the applicant’s situation. You can read more about these in detail in our Guide to getting a South African work visa.

In short, these main work visas are:

• General Work Visa

• Critical Skills Work Visa (GSWV)

• Intra-Company Transfer Visa (ICT)

• Corporate Work Visa

General Work Visa

The General Work Visa is the most common type of work visa for South Africa. To obtain one, the employing company must show documentary proof that they tried to employ a South African citizen first and could not fill the position; for example, showing advertisements of the position in the local media.

Secondly, the applicant must submit proof of their qualifications and experience. The South African Qualifications Authority must also approve their qualifications. General Work Visas are valid for the duration of the contract up to five years.

Critical Skills Work Visa (CSWV)

The South African government considers some skills to be in short supply in the local labor market. This has allowed employers to recruit suitable candidates from abroad who meet these skill-shortage demands. A person with these coveted skills or qualifications may obtain a Critical Skills Work Visa without securing a specific position at the time of application. Having published articles, a doctorate, or being an expert in a field will also strengthen your application.

Some of the skills currently considered as critical are:

• Agricultural engineer

• Boilermaker

• Business analyst

• Financial investment advisor

• Geochemist

• Geologist

• IT security specialist

• Mining technician

• Nursing professionals

• Pressure welder

• Soil scientist

• Urban and regional planner

The most recent list of critical skills catalogues positions that can be filled by formally qualified foreigners who have a minimum of five years of practical experience.

You should be able to provide proof of:

• Relevant qualifications as certified by the South African Qualifications Authority (SAQA), including authenticated copies of academic certifications or degrees; notably, any qualification certificates not in English require a translation from a certified translator

• Registration with the relevant South African professional body, trade organization, board or council, if your field requires such permission

You can find the complete list of conditions for the Critical Skills Work Visa here. The processing time is within 20 working days, and the costs are R1,520 for the application fee and R1,570  for the VFS service fee.

Intra-Company Transfer Visa (ICT)

It is not uncommon for multinational companies to transfer employees between countries. When a person moves to South Africa, they must apply for the Intra-Company Transfer Visa (ICT). Notably, an applicant must have first worked for a minimum of six months in the company’s foreign office before applying to relocate to the South African branch.

An Intra-Company Transfer Visa lasts for four years and is not extendable. Applicants must also apply for a new ICT from their country of origin or permanent residence. The processing time is within 60 business days and the costs are R1,520 for the application fee and R1,350 for the service fee.

Corporate Work Visa

Suppose a business, often in the farming, mining, or engineering sector, needs to recruit a larger number of international workers due to a domestic skills shortage. In that case, it needs to apply with the number of workers required and provide specific job descriptions. The employer must also prove that they could not find employees with the relevant skills in the South African labor market.

If the Corporate Work Visa is approved, then the Department of Home Affairs (DHA) will issue each employee with a Corporate Workers Certificate. The employer will then convert this into a Corporate Workers Visa. This is valid for up to three years in South Africa.

The processing times for Corporate Work Visas is up to 60 days, and the costs are R1,520 for the application fee and R1,350 for the service fees; these are paid by the employer and employee, respectively.

Other visas under the Work Visa category include:

• Treaty Visa

• Volunteer Visa

• Academic Sabbatical Visa

• Research Visa

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