The Department of Home Affairs has committed to finalising the implementation of new visa types in June of this year, with the State Law Advisor approval process already underway.

In its annual performance plan for 2023/24, published in April, the department made it clear that the groundwork for new visas was being laid.

In the plan, Home Affairs minister Aaron Motsoaledi said that the department is currently exploring new visa categories, including start-up visas and remote working visas.

The minister has long responded to inquiries about these visas by saying that the current regulatory framework to introduce them does not exist, and had indicated the department had no plans in place to change this.

However, these visas, and a wider push to draw skilled labour to South Africa, have been key points in president Cyril Ramaphosa’s State of the Nation Address (SONA) for the last two years.

“A comprehensive report on the review of the work visa system was recently handed over to the President by the Operation Vulindlela Team, lead by former Director-General of Home Affairs, Mavuso Msimang,” it said.

“The report makes recommendations with regards to the possibility of new visa categories that could enable economic growth.”

Home Affairs has drafted and implementation plan for the introduction of these visas, as recommended by the report.

The department has now confirmed that it intends to have the specific requirements for remote work visas and start-up visas detailed in three months’ time, setting a target for the end of June.

To accomplish this, the department will have to amend regulations 11 and 14 of the Immigration Regulations, it said. This is also set against a three-month timeframe.

A consultation document (green paper) is expected to be completed by the end of the first quarter of the financial year (end June), with a whitepaper expected to be submitted to cabinet by the end of the fourth quarter (April 2024).

e-Visas

In the meantime, the DHA said it will also continue rolling out an e-Visa system, which will place technology at the centre of operations by making it easy and secure to enter and depart South Africa.

According to the department, the e-Visa system has been in place for 14 countries, including Kenya, Cameroon, Iran, Egypt, Philippines, Saudi Arabia, Ethiopia, Pakistan, DRC, Mexico, India, China, Nigeria and Uganda, for nationals that enter via OR Tambo International airport.

It said that up to the end of March 2023, a total of 12,377 visa applications have been processed on this platform.

The department has run into some challenges, it said, particularly with slow network speeds which resulted in backlogs. However, the establishment of an e-Visa hub has assisted in clearing up applications.

Following a series of enhancements on the system, the department said it is now planning to roll out the e-Visa platform to 20 more non-visa-exempt countries.

These new countries include:

• Albania

• Algeria

• Belarus

• Bulgaria

• Cuba

• Comoros

• Congo

• Croatia

• Ghana

• Guinea

• Indonesia

• Ivory Coast

• Lithuania

• Liberia

• Mali

• Morocco

• Niger

• Romania

• Senegal

• Slovak Republic

South Africa is reworking its visa regime in a bid to draw critical skills to the country. However, despite its best efforts, Home Affairs has been hit with multiple issues creating backlogs in visa processing which have made it difficult for companies to do so.

In March, the department announced that it would extend the validity of some standing visas while it tries to process over 62,700 applications and waivers that have backed up.

To put the extent of the backlog in context, the department aimed to have most critical skills visas processed within four weeks of application in 2022, but has estimated that it only managed to process 20% of these applications in that time.

This is down from 57% in 2021. The DHA has now set a lofty goal of having 90% of these visas processed in 2023  however it anticipates only being able to clear the current backlog some time in 2024, so this is looking unattainable

www.samigration.com

Couple wanting to live together separated by Home Affairs delays

Sunday Tribune | 02 May 2023

Durban - A gay couple is being forced to live on different continents since the Department of Home Affairs (DHA) has allegedly failed to process a permanent residence permit application submitted two years ago.

Francois Oosthuizen, a South African from Cape Town, who is married to Bowen Li from China, said he was heartbroken and frustrated by being separated from his husband and their 4-year-old son born via surrogacy on Valentine’s Day in South Africa.

He said it was difficult for him to wake up every morning knowing that his family was thousands of kilometres away.

“I try to video call them as much as I can, because it’s the closest I can get to them, since we can’t be together, but it’s not the same as being around each other.

“It’s very hard for us to accept the fact that only a few people need to sign a document that will allow us to stay together as a family, but they haven’t,” Oosthuizen said.

After being approached by the Sunday Tribune, the DHA reached out to Oosthuizen and said they were investigating. However, there was no response to the Sunday Tribune questions.

The couple met in China in 2014 where Oosthuizen worked as an English teacher. He said it was “love at first sight” and that there was an instant connection which made being around each other comfortable.

The couple was legally married in South Africa in 2017 but lived together in China until Oosthuizen returned a month ago. Oosthuizen told the Sunday Tribune that they first made an application for Li’s permanent residence permit two years ago, but there was radio silence from the DHA.

Francois Oosthuizen and Bowen Li who have been married for six years want to live in the same country, but their fate lies in the hands of the Department of Home Affairs.

“They told us that it would take about eight months, but when that time passed without anything happening, I started contacting them to get information on what was going on. “Only one person responded weeks later, telling me that our issue was not the responsibility of the department,” Oosthuizen said.

He said that his family was separated because of the department’s incompetence and lack of regard for gay rights. “It’s a combination of these two things, the fact that we are a gay couple is definitely a factor. We have had issues before with DHA.

When our son was born they wouldn’t issue us with a birth certificate. “We feel that it’s because we are gay, but we also do realise that it’s because the department is inefficient. We have heard from other people who have been waiting for a long time as well for their permanent residence permits,” he said.

Oosthuizen said the month that he had been away from his loved ones had been unbearable and that he was hopeful that they would be together soon and settle in Cape Town. “It might seem to someone else that a month is not a long time, but it’s very difficult for me. I am so used to being around and spending time with them.

It is frustrating because this is something that shouldn’t be so difficult,” he said. The couple has been receiving support from across the country for their online petition which Oosthuizen started a few days ago for the attention of Home Affairs Minister Aaron Motsoaledi.

www.samigration.com

SOUTH AFRICA – Radiological Report and Police Record Waivers

02 May 2023 | SA Migration

The South African Department of Home Affairs has issued a new directive providing relief to visa and permit applicants from April 11, 2023. It does not apply to those with applications which have already been filed and are currently under adjudication.

Previously, applicants for long-term temporary residence visas (“TRVs”) and permanent residence permits (“PRPs”) had to submit police clearance certificates (“PCCs”) from all countries resided in for 12 months or more since their 18^th birthday, they are now only required to submit PCCs from all countries they resided in for 12 months or more, since having attained the age of 18, in the five years immediately preceding the date of submission of their application. This provides considerable relief to applicants who have resided in many countries, particularly those who did so many years ago. It can be time-consuming, difficult and in some instances, impossible, to obtain police clearance certificates from certain countries, particularly, but not only, when the foreign national lived there a long time ago and they do not have any official records.

Where it was not possible to obtain a PCC from a particular country, prior to the implementation of the directive, it was necessary to apply to the Minister of the Department of Home Affairs to waive (exempt) the applicant from the requirement to provide the document before they could apply. This process could take from 6 to 12 months, if not longer, due to waiver processing delays. This would significantly delay the foreign national’s ability to apply, and it also created a considerable amount of extra work for the Department processing the waiver requests in an already overburdened system.

Also, whereas before – except for pregnant women and children under the age of 12 years – applicants for long-term TRVs and PRPs were required to submit a radiological report completed and signed by a Radiologist, pursuant to the examination of chest X-rays, confirming that they displayed no signs of active Pulmonary Tuberculosis, the new directive exempts them from the requirement to do so. The Department’s rationale for dropping this requirement is not clear; however, applicants are already required to provide a medical report completed and signed by a medical doctor confirming that they are in a good state of health and noting any medical condition(s) from which they might suffer. It is also possible to accurately test for TB using the Mantoux tuberculin skin test, which does not require the individual to be exposed to radiation as is the case with chest X-rays. Thus, the additional radiological report was largely unnecessary.

www.samigration.com

ZEP expiry: Many permit holders intend to stay in SA until very last minute - Zimbabwean ambassador

28 Apr 2023 | News24

No Zimbabwean citizen has approached their government for assistance in being repatriated back home before their Zimbabwean Exemption Permits (ZEP) expire, the country's ambassador to South Africa has said.

In a telephone interview with News24, Ambassador David Hamadziripi said they only have Zimbabweans who indicated they might, if need be, go back home on the eve of the permits' expiry date, 30 June.

"We have not helped anyone going back to Zimbabwe. This is because no one came to us with a formal request for that assistance, but what we came across during the mapping exercise were Zimbabweans who said they might need the help closer to the expiry of the permits. That's May and June," he said.

The special permits were due to expire in December last year, but a six-month extension was granted to allow people to apply for other available visas.

But come 30 June, an estimated 178 000 Zimbabweans living in South Africa face an uncertain future and possible deportation.

Opportunities 'at home'

Fewer than 5% of those with ZEPs have applied for other permits.

There is currently a court challenge by the Zimbabwe Immigration Federation to seek interim relief, and another by the Helen Suzman Foundation challenging the legality of the cancellation of permits.

While there seems to be a wait-and-see approach, Hamadziripi said many Zimbabwean citizens had declared their intention to stay until the last minute.

He said: "Even before the court cases got under way, we came across Zimbabweans who intended to stay until the last month of the validity of their permits."

Zimbabwean President Emmerson Mnangagwa has said his government is prepared for its nationals to return and that they "have opportunities to contribute [to] here at home".

The News24 Africa Desk is supported by the Hanns Seidel Foundation. The stories produced through the Africa Desk and the opinions and statements that may be contained herein do not reflect those of the Hanns Seidel Foundation.

www.samigration.com

Italy narrows asylum rights in new clampdown on immigration

26 April 2023 | News24

Some of the 600 migrants rescued on a trawler some 100 miles of the coast of Sicily arrive in the port of Catania, Italy, 12 April 2023. The vessel was escorted by the 'Nave Peluso' of the Coast Guard on the same day after over 200 people rescued at sea also landed in Catania and Messina on two other Coast Guard vessels. The Italian government on 11 April called a state of emergency on all the national territory following the exceptional rise in migrant flows across the Mediterranean. EPA-EFE/ORIETTA SCARDINO

Italy's nationalist government approved a bill in the upper house of parliament on Thursday that aims to reduce the number of migrants who can claim some form of asylum and curb integration efforts.

Italy‘s nationalist government approved a bill in the upper house of parliament on Thursday that aims to reduce the number of migrants who can claim some form of asylum and curb integration efforts.

The bill, which still needs the approval of the lower house to become law, was drawn up after a shipwreck off southern Italy in February that killed more than 90 migrants.

Prime Minister Giorgia Meloni has said the legislation, which includes tougher jail terms for human smugglers, is intended to dissuade people from putting their trust in traffickers and trying to reach Italy illegally.

Critics say the bill is repressive and will do nothing to halt the flow of migrants seeking a better life in Europe, but will instead force ever more newcomers into illegality.

Among the most contested measures is a decision to eliminate “special protection” residency permits that authorities can offer migrants who don’t qualify for asylum, but who face humanitarian risks back home, or have family ties in Italy.

The government said the system was being abused, noting that in 2022 authorities had handed out 10,506 special protection permits against 7,494 permits offering refugee status and 7,039 that granted a separate form of international protection.

The bill also halts state-funded Italian language courses and eliminates legal advice services for migrants hosted in official reception centres.

Italy has seen a recent surge in arrivals by boat migrants, with 34,715 people reaching the country from Jan. 1- April 19, against 8,669 in the same period last year, alarming Meloni, who took office in 2022 promising to reduce migrant flows.

Earlier this week, Agriculture Minister Francesco Lollobrigida said Italians were at risk of “ethnic replacement”, drawing criticism from centre-left parties who accused him of promoting white supremacy – a charge he has rejected.

Opposition senators urged the government to do more to help migrants be absorbed into the workplace, saying Italy needed hundreds of thousands of new workers as the population declines.

“Why if you are enemies of illegal immigration are you doing all you can to push people into illegality,” said Ivan Scalfarotto, a senator with the centrist Italia Viva party.

www,samigration.com