SA Visa

Many tourists have been thrown into the deep end as Home Affairs implement South African visa changes overnight.

I’m sure by now many of you have read or heard about the recent rules that have come into effect for the SA Visa. After doing some research I decided to gather some information together to try and put your minds at ease and make sure you are aware of how to avoid being declared an “undesirable” person.

First… The changes.

90 Day Tourist Visa & Extensions

As before, upon arrival into South Africa you will receive a 90 day Tourist Visa (exemptions apply, please check the DHA website). This Visa has the option of a further 90 day extension (total 180 days), however at present these are not guaranteed and are quite difficult to get approved in time.

Extensions can be done via VFS Global, a visa facilitation company. Applications must be done online through the VFS website, by filling in an application form, scheduling an appointment and paying the relevant fee via EFT.

On the day of your appointment at VFS you will need to submit all documentation and have your biometric data recorded. You will be given a receipt that must be kept to collect your passport and documents IF your extension is granted.

Travelling With Children

Parents travelling with children under the age of 18 MUST carry an Unabridged Birth Certificate in addition to the child’s passport.

This applies to ALL travel… Inbound, Outbound and In Transit.

When a child is travelling with one parent, that parent in addition to the above must also have consent from the other parent in the form of an Affidavit or Court Order or in the case of the other parent being deceased, a Death Certificate.

If the child is travelling unaccompanied, proof of consent from both parents or if one parent, an Affidavit/Court Order/Death Certificate as stated above.

A letter from the person who will be receiving the child containing the residential address and contact details where the child will be residing, a copy of the Passport/Identity Document for the receiving person and lastly the contact details of the parents.

Second… The Problems

90 Day Tourist Visa & Extensions

Clients who wish to apply for the extension of a further 90 days must make application as soon as possible once arriving in South Africa. Processing time is currently taking approximately 60 days and longer.

If your application is not granted before your 90 days is up, you MUST leave South Africa within those 90 days. Persons who stay beyond that period will be declared “undesirable” and prohibited from re-entry into South Africa for:

• 1 year, if you overstay 30 days or less;
• 2 years, if you overstay for a second time within 24 months;
• 5 years, if you overstay more than 30 days.

Persons will also be fined at the airport on departure.

These bans and fines can be appealed but can take months, be expensive and have no guarantee of a positive outcome.

“Border Hopping” (travelling into neighbouring countries for short periods and re-entering South Africa) is no longer allowed.

Persons who come in for 6 months every year, “Swallows” are advised to apply for the 4 Year Tourist Visa, in their home country.

Please note: There is NO GUARANTEE that your application for a Visa Extension will be granted and no refund is applicable if the application is denied.

Travelling With Children

Travel will not be permitted at all if the documentation needed is not provided. This stands when leaving your home country or South Africa when travelling with children under the age of 18.

www.samigration.com

Government has proposed a draft national master plan which aims to loosen regulations in the cannabis industry to promote economic development. 

• It wants to help create export markets for dagga growers.
• Government plans to amend legislation to remove existing constraints that hinder commercialisation.

Government recently released a draft national master plan to commercialise South Africa's cannabis industry, which include both dagga and hemp.

The department of agriculture, land reform and rural development proposes to relax restrictions, including by changing legislation. It wants to establish a globally competitive cannabis industry in the country, produce more cannabis for local and export purposes and to increase investment in research in the industry.

Currently, the South African cannabis industry – which has largely operated underground – is already considered to be worth billions. According to one estimate, the industry could be worth R27 billion by 2023. It is estimated that more than 900,000 small-scale farmers in the Eastern Cape, KwaZulu-Natal and other provinces have been cultivating dagga for many years. 

The department believes the further development of the cannabis industry will contribute towards economic development, alleviation of poverty through job creation, promote rural development and inclusive participation.  

According to the master plan, government plans these interventions;   

• The amendment of existing legislation by removing existing constraints that hinder commercialisation
• The implementation of breeding programmes for new dagga and hemp cultivars,
• Supporting research and development programmes for the country’s cannabis industry,
• Mobilising and supporting farmers to participate in the cannabis value chains
• Developing new domestic and export markets for the South African cannabis industry
• Including indigenous dagga growers in the value chain
• Developing and supporting the growth and development of the manufacturing and product development capacity of the South African cannabis sector.
• Providing a framework on education and training matters in support of the cannabis industry
• Communicating a clear and unambiguous message about the cannabis industry and related matters to all stakeholders and the public.

Although in 2018 the Constitutional Court of South Africa ruled that South Africans can smoke the recreational substance in their own privacy, there are still strict regulations in place. 

Last year, government published the Cannabis For Private Purposes Bill which stipulates that people who deal in cannabis or sell it to a minor will likely face 15 year of jail time.

The regulations also state that anyone who smokes the substance in public or too close to a non-consenting adult will face up to two years in jail, while a jail sentence of up to four years is to be expected for those who smoke close to children.

For those living alone, the rules state that they can have unlimited seeds but a maximum of four flowering plants for personal use only.

www.samigration.com

While South Africa is seeking critically skilled individuals, recent reports have shown that the number of South Africans seeking opportunities abroad has increased significantly over the past five to ten years owing to concerns about South Africa's low economic growth, independent immigration services provider Xpatweb director Marisa Jacobs tells Engineering News.

She emphasises that it is important to be reminded that skills are globally sourced for the economic benefit of those countries and South Africa has to compete for scarce skills.

On November 26, Higher Education, Science and Technology Minister Dr Blade Nzimande held a media briefing to launch the 2020 National List of Occupations in High Demand (OIHD).

Nzimande also formally published the Government Gazette containing the list of OIHD.

Jacobs says that, when looking at the results in their entirety, it is evident that there is a continued lack of critically skilled individuals available in South Africa and key stakeholders need to address these problems collectively in an effort to reinvigorate the economy.

She explains that the OIHD alerts tertiary education institutes, professional bodies, employers and other stakeholders to occupations currently in short supply and for which there are indications that there will be relatively high employment growth in the present and future.

She notes that this allows these bodies to establish courses and internal skills development programmes to alleviate future shortfalls in business-critical competencies.

Jacobs informs that the list shows growth in industries such as media and marketing, information and communication technology (ICT) and healthcare.

The gazette also gave special mention to the organisations that were consulted in the process, including Xpatweb.

Jacobs explains that Xpatweb was invited by the Department of Higher Education and Training (DHET) to present its findings from the yearly Critical Skills Survey as part of an interdepartmental session, which also comprised the Department of Home Affairs (DHA), the Department of Labour and the Department of Trade, Industry and Competition (DTIC). This includes the methodology used and impact on employers.

The Xpatweb Critical Skills Survey, now in its fifth year, comprises inputs from the DHET during the above consultation sessions, with the 2019/20 survey also more in-depth in that it unpacked feedback from the participants, notes Jacobs.

“There is a continued lack of critically skilled individuals available in South Africa and thanks to survey participants, which include large multinational and South African organisations, we are able to provide valuable inputs and guide the government’s Critical Skills List (CSL) shaping the decisions that will help local businesses reinvigorate the South African economy,” she acclaims.

Jacobs says the DHET is working alongside the DHA to update the existing national CSL, which was last updated in 2014.

The current CSL was established when the Immigration Act was amended in 2014 to replace the then Quota Work Permit with the new Critical Skills Work Visa. The list was developed in conjunction with the OIHD and the skills lists from DHET, explains Jacobs.

The main objective of the Critical Skills Work Visa is not only to provide South African employers the ability to recruit and attract skilled foreigner nationals for their organisations, but also to assist government in support of the national infrastructure programme, strategic infrastructure projects and key national strategic projects in support of the DTIC, she notes.

“The CSL enables South African employers to recruit critically skilled resources internationally which cannot be sourced within the country,” Jacobs informs.  

She mentions that candidates recruited for a critical skill can get their visas processed on average two to six months faster than those not represented on this list.

Jacobs mentions that Xpatweb’s research suggests areas that will present most opportunities include occupations in the growing oil and gas sector, ICT skills and science, technology, engineering and mathematics teachers.

“Our results further show that ICT specialists and engineers continue to be one of the most sought-after skills, with 19% and 21% of participants respectively indicating same. This is supported by the South African Institution of Civil Engineering, which stated in 2019 that South Africa continues to lose hundreds of engineers year on year who emigrate with their families. This “brain drain” continues to contribute to skills shortages in the engineering sector,” she indicates.

Moreover, and based on the company’s survey results, certain occupations have been re-included within the preliminary CSL that would have been omitted initially, for example, network analyst, quantity surveyor, actuary and nurse, notes Jacobs.

However, she notes that it is not yet confirmed if the aforementioned will be included in the new CSL, as it is at the discretion of the DHA.

The list is expected to be published in early 2021 and will incorporate occupations that have recently emerged following input received from the relevant stakeholders involved during the inter-departmental sessions.

Jacobs says with the impact the pandemic has had and the operational changes organisations are undergoing, it is anticipated that with the gazetting of the OIHD list the momentum will carry forward and the CSL looks to be on schedule for release early next year to support South African economic growth at this crucial time.

“There are thus active and ongoing engagements with regards to the new CSL, whereby a preliminary CSL report has already been introduced and it is currently undergoing internal engagements with the Home Affairs Minister.

"We are expected to received feedback from these discussions in due course, following which we look forward to the opportunity to again give input based on the latest Critical Skills Survey which is currently running and due to close in January,” she says.

www.samigration.com  

Cape Town – More than 153 000 asylum seekers in South Africa who have been waiting for years for a decision on their applications for refugee status will have their cases heard following an agreement between the ​​​​​​​​​​​​​​​​​UN Human Rights Council, the UN High Commissioner for Refugees (UNHCR) and the Department of Home Affairs to eliminate delays and clear backlogs.

This as the UNHCR says refugees in Cape Town have approached them for support in rejoining the community, while others have expressed an interest in returning to their home countries.

The R142 million agreement sets in motion a project to eliminate delays and the backlog in asylum decisions in a bid to revamp the refugee management system by 2024.

UNHCR spokesperson Kate Pond said of the 266 694 refugees and asylum seekers in South Africa, two-thirds of them did not have access to the full rights and privileges of refugee status.

“Under the Asylum Decisions Backlog Elimination Project, 153 391 cases will be processed over the next four years. Once their claims are processed, those who will be recognised as refugees will be free not only to access national services on a par with citizens, but also to become valuable contributors to South African society and the development of the country,” she said.

The UNHCR’s representative in South Africa, Leonard Zulu said they welcomed the government’s determination to revamp the asylum system.

“Changes to policy and strengthening administrative procedures are vital for a fair and effective asylum system and for the public to have trust in the architecture of refugee management, and the institution of asylum,” he said.

The secretary-general of the SA Refugee-Led Network, Martin Mande, said the Covid-19 pandemic had left many people, including refugees in South Africa, destitute, displaced, and vulnerable.

“It is indeed distressing to know that asylum seekers have been waiting for their final decisions for more than 10 to 20 years,” Mande said.

In his speech at the signing of the agreement last week, Home Affairs Minister Dr Aaron Motsoaledi said the department was “firmly on the path of modernising our immigration laws, focusing on strengthening the system and improving our processes”.

www.samigration.com

There may be good news on the horizon for frustrated South Africans heading to Home Affairs in the future. Home Affairs is planning a big change by extending their working hours into the weekend to help deal with the current backlogs.

Speaking exclusively to eNCA, Home Affairs Minister Aaron Motsoaledi stated that negotiations are currently underway with worker unions to create weekend shifts.

Despite the numerous strides made by the department, it is not uncommon to spend hours waiting in line, with server problems, corruption and indifferent staff being a frequent occurrence.

Home Affairs currently closes its doors at 3:30 and are not open on weekends. These new office hours will help alleviate some of the pressure on the department and the frustration of many South Africans.

“That’s what we want to do, a shift system that the people who come to work on the weekends must not work during the week, for instance,” Motsoaledi said.

“We’re still negotiating with the unions.”

www.samigration.com