Home affairs has dropped central adjudication of visas, after months of complaints

Home affairs has dropped central adjudication of visas, after months of complaints

Business Insider SA -11 October 2022

 

The department of home affairs has reversed a decision to centralise the adjudication of long-term visas.

  • That plan lasted for only a couple of months, and did not go at all well.
  • Embassies – previously accused of sometimes endangering national security or harming the economy – are now back in charge.

As of 1 September, South Africa is no longer centralising the adjudication of long-term visas, the department of home affairs (DHA) confirmed on Tuesday.

That brings to an end a fraught six-month period for those who applied for such visas, previously handled by individual South African missions abroad, and makes consular officials responsible again for deciding who is let in to South Africa

Visa specialists first noted the reversal on the weekend, saying it expected an announcement from the department on the transitional arrangement for visas already in process.

The DHA told Business Insider South Africa only that it "did issue a new directive which came into effect on Thursday 01 September 2022". It did not provide a copy of the directive, despite repeated requests, and has made no public statement on the matter.

Extreme delays in issuing such visas – with delays facilitation companies described as unprecedented – have been a significant headache for foreign companies investing and doing business in South Africa, Business Leadership SA CEO Busisiwe Mavuso told the News24 On The Record conference on Thursday, the same day the reversal came into effect.

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Those affected have included companies that signed up to President Cyril Ramaphosa's investment drive, but have since said delays nearing a year in processing work visas for critical foreign staff meant they could not start work.

Some companies expressed acute frustration because they could find no way to reach a department official who could provide even a vague prediction of how long a visa would take – or who could even confirm that a visa application had been accepted as properly lodged – making it impossible to plan moves for employees who needed to secure places in schools for children and move their households across oceans. 

Until Thursday, all work visa applications with a duration of more than three months had to be sent to Pretoria for a decision by the director general of the DHA, in an effort to create consistency – and prevent corruption. Visa facilitators said missions were told the DHA was concerned about reports of arbitrary demands for documents, with the implication that these were subtle solicitations for bribes. They were also told that only central decision-making could balance the need for national security with the need to allow foreign investors to move with speed.

But centralisation was a disaster. Visas that previously took between four and eight weeks to issue suddenly took a minimum of 12 weeks – and consultants reported that the reality was closer to eight months.

Their clients, those consultants said, could not wait that long, and would simply take their business to another country.

Visa facilitation companies believe the consular service divisions of missions – still fully staffed to process visas – may now be able to bring turnaround times down to as low as two weeks.

www.samigration.com

 

 


Home Affairs Official Spent His First Night In Jail After He Was Arrested For This

Home Affairs Official Spent His First Night In Jail After He Was Arrested For This

11 October 2022 – Opera News

Home Affairs Official has been arrested and he was working in the Permitting Section, this is a very unfortunate turn of events but it is showing us a glimpse of the corruption which is happening in our state departments and that's something that should concern a lot of people in the country.

This means that the system has been infiltrated by these individuals who have been given that responsibility of keeping those jobs and ensuring that things are going according to plan, not taking advantage of the system in order to make some money on the side.

We’re talking about these individuals who are simply printing out identification documents for around R10,000, which is not much and is really a serious problem considering how small that amount of money is and if there are individuals who have a lot of money to pay for such documents then it becomes a serious problem.

The DHA Counter Corruption together with Hawks Anti-Corruption Unit in Pretoria arrested an official based at Permitting Section in Hallmark for landing illegal foreigners in the Movement Control System to Legalised them, so that they can apply Visas. This criminality is definitely like that and it doesn’t seem like it will be stopped at any time soon by these individuals, that is the responsibility of the authorities to step in.

As well as to ensure that these things are prevented because they definitely cannot allow the crimes to continue unabated, we are having individuals who are probably criminals in their own countries whereby they run towards South Africa and they’re basically becoming legal citizens and we don't even know how or what kind of people they are.

Counter Corruption Officials interviewed the suspect and he admitted that for each transaction received R8000, so you can see that these individuals are selling the country for such little money and it is definitely a very concerning thing to a lot of people.

It is at the expense of the safety and security of the other citizens so when these individuals receive such small amounts such as R8000, it gives a lot of people the impression that the law is really flexible and it can be bent.

The suspects were detained at Pretoria Central Police Station and he will appear on Monday at Pretoria Magistrate Court, as usual we know that the suspect will probably receive some kind of bail from the situation.

www.samigration.com

 


Home Affairs nails 500 fake South African passports

Home Affairs nails 500 fake South African passports

11 October 2022 – IOL

The Department of Home Affairs has identified 500 fraudulent passports in the last three financial years – with 185 documents blocked in 2022 alone.

Responding to a written parliamentary Q&A this week, home affairs minister Aaron Motsoaledi said that his department is escalating its fight against fraudsters and is boosting security measures in place to flag fake documents.

The minister said that each time an investigation uncovered one of the 500 fraudulently issued passports, the passport numbers were blocked on the National Population Register so that the holders were unable to use them.

These numbers were also referred for V-listing on the Movement Control System, he said, which means that should the holders of the fraudulent documents attempt to use them at a port of entry, immigration officers are alerted.

Since January 2022, 185 passports have been investigated, with the passport numbers blocked on the register and, placed on the V-Stoplist.

The lack of security around South Africa’s passports has made headlines in 2022, with an internet joke about “Lebogang Ndlovu from Bangladesh” spreading on local social media.

The joke arose from incidents where home affairs officials were arrested for fraudulently processing illegal immigrants and where Bangladeshi and Pakistani citizens were caught using false South African passports abroad.

In August, Motsoaledi said that his department would rescind some “luxuries” afforded to South Africans to tighten up passport security.

This includes removing the ability for anyone to pick up a passport on an applicant’s behalf or having passports shipped for collection to other parts of the country. The changes are:

  • A passport can only be collected strictly from the office where it was applied for, whereas previously, you could collect it from any office in the country.
  • Only the person who applied for that passport can come and collect it by activating it through a fingerprint.
  • For minor children, their parents or guardians who helped them to apply for that passport will be the only ones allowed to come and collect it and activate using their own fingerprints.

Additional security measures in place include:

  • The Director-General of the Department of Home Affairs signed a Memorandum of Understanding (MOU) with Interpol on 29 July 2022 on reporting lost and stolen passports.
  • South Africa is a signatory to the Convention on International Civil Aviation Origination (ICAO) and is subjected to regular audits, including on how it handles lost and stolen passports.
  • The Department has also revised its Standard Operating Procedures, Manuals and Policies regarding lost and stolen passports, and these are being implemented.

The minister said that these measures are part of the first phase in a three-phase process. The second and third phases are still to take place, with the second only being publicly announced once the required technologies and systems are in place, while the third will remain secret to prevent fraudsters from exploiting it.

In March 2022, the department arrested several Pakistani and Somalian citizens, together with an equal number of South African citizens, who were involved in passport fraud.

to date, 12 home affairs officials have been charged with misconduct with eight dismissals, while the remainder are still pending disciplinary hearings.

The officials and members of the public involved have also been charged criminally for fraud, corruption, money laundering, racketeering and contravention of the Immigration Act, with the cases still pending in court.

www.samigration.com

 

Waiver Letter Immigration South Africa for Visas or Permit

Waiver Letter Immigration South Africa for Visas or Permit

SA Migration – 29 September

What is a waiver?


The immigration act for South Africa allows for the Minister of Home Affairs to waive certain requirements of the act. Once the requirement has been waived, an individual or corporation will be exempt from that requirement in that instance. In layman’s terms that means that the minister has the authority through the immigration act to waive a specific requirement. In order to be granted the waiver, an applicant must have a “good cause” to be granted.

Your application for a waiver must be 100% sound and have good reasoning as the good cause must convince the Department of Home Affairs as to why they need to make an exemption for you. The applicant must prove that there is sufficient evidence to waive the requirement or form and then the Department of Home Affairs shall determine to either grant or refuse the waiver.

A scenario of when to use one:

  1. Apply to reduce the cost of the required amount for the investment amount of R 5 million for a business visa if you received a positive outcome from the Department of Trade and Industry.
  2. When an applicant is not able to apply for a police clearance certificate.
  3. Apply to waive the Department of Labour certificate.
  4. A business may apply for a blanket waiver for the same requirement for the corporate visa.
  5. An applicant may not be able to travel back to his or her country of residence to apply for a temporary residence visa.

If you have been declared an undesirable person in South Africa and been banned then you need to apply to have your name cleared before returning to South Africa. I wrote an article not too long ago called “What is the penalty for overstaying in South Africa“, this will give you more context if you have been banned from South Africa.

How do I get a waiver letter in SA?

There are two ways to get a letter for your specific case.

Option 1:

Typing out the letter yourself and then printing it to include in your application.

So now you might be thinking “how on earth can I type this letter for Home Affairs myself?” 

Some guidelines to assist you:

  • Use formal language 
  • choose your words wisely
  • acknowledge the reader and thank them for their time
  • Proofread your letter

Remember that when typing out the letter that you are seeking a waiver and detail out the reasons why you feel that a certain regulation should be waived for you.

The following tips will help you:

  1. Ensure that your reasons for the waiver are valid.
  2. Your letter should not be emotional, only stick to the facts.
  3. Avoid writing about topics that is not relevant to your situation.
  4. Steer clear from any form of complaint.
  5. Ensure that your letter is easy to understand and makes sense in English.

Option 2:

You can make use of an immigration agent that renders immigration services for South Africa. The immigration agency will handle everything for you and they have vast experience when dealing with applications and will have numerous waiver templates that they could use. They are highly specialized and have experience in assisting many different families and individuals through the process. They understand the process and know exactly how to draft the letter for you so that your application stands the best chance when it gets to the Department of Home Affairs. You might be thinking “How much does an immigration lawyer cost in South Africa?” This depends if you make use of an immigration consultant or lawyer.

How long does a Waiver take to get approved in South Africa?
 

The waiver for a visa application submitted in South Africa can take between 4-7 months to be processed by the Department of Home Affairs. This is definitely a long time and therefore applicants must apply for this before their visa expires. The applicant must be in possession of a valid temporary residence or valid status in South Africa in order to submit the application.

The waiver must be submitted through VFS in South Africa and therefore you would need to navigate to their website to schedule an appointment to submit.

How can we help you , please email us to info@samigration.com whatsapp message me on:

 +27 82 373 8415, where are you now? check our website : www.samigration.com

 

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Immigration Interview for marriage South Africa

Immigration Interview for marriage South Africa

SA Migration – 29 September

As a foreigner in South Africa, getting married to a South African citizen means that there are certain processes that you need to follow before you decide to tie the knot with your partner. A marriage officer will not be allowed to marry you and your partner and you will not be allowed to register your marriage at the Department of Home Affairs.

What are the requirements for a foreigner to marry a South African?

  • What are the requirements for a foreigner to marry a South African?
    • The Requirements:
      • 1.Letter of non-impediment
      • 2. Visit Visa
      • 3. Schedule an Appointment with the Department of Home Affairs
  • What questions do they ask at a marriage interview?


The requirements are straightforward and nothing that you need to particularly worry about. There is one particular document that you need to obtain way in advance in your country of residence.

The Requirements:

  • Letter of non-impediment
  • A visit visa to be legally in the country
  • Schedule an appointment with the Department of Home Affairs

1.Letter of non-impediment

Before coming to South Africa you need to apply for a letter of a non-impediment in your country of residence or if you are in South Africa already then you need to apply for this at the embassy/consulate in SA. The letter of non-impediment just confirms to the Department of Immigration that you are not married in your country of residence. This letter permits you to get married in South Africa to your partner and have the wedding of your dreams. If your letter of non-impediment is written in a different language then you must have it officially translated into English by a sworn translator.

Not all countries issue the letter of non-impediment like the United Kingdom and in this instance, you would need an official letter stating this.

2. Visit Visa

You need a valid visit visa to enter the country and certain countries are exempt from applying for a visit visa and certain countries need to apply for a visit visa at a South African embassy or consulate. Remember that you might need to extend your visa as the remaining days on your visa could not allow you to complete all the things you need to do. Avoid overstaying your visa as this could lead to you being banned from South Africa. Our post explains it all: What is the penalty for overstaying in South Africa on an expired visa.

If you need to apply for a temporary residence visa, then you can make use of an immigration practitioner  or lawyer There are many advantages in using an immigration practitioner  and many times one of the advantages are waiver letters for immigration in South Africa.

3. Schedule an Appointment with the Department of Home Affairs

Once you have received and complied with the above mentioned, then your next step as a couple is to schedule an appointment with the Department of Home Affairs (regional office) for a marriage interview before your wedding takes place. You might receive an appointment within three weeks depending on how busy DHA is then.

What questions do they ask at a marriage interview?


From my experience, many people have mentioned that basic questions are asked when you are at the interview and nothing to be anxious and nervous about. One thing I should mention is that you are both interviewed separately.

So these are the basic questions that clients have reported back to me:

  • How did you meet your partner?
  • How long have you been together with your partner?
  • Do you love your partner?
  • Why do you love your partner?
  • Have you met your partners family?
  • What’s your partner’s date of birth?
  • Does your partner have kids?
  • What are their names?
  • Where does your partner stay in SA?

The aim of the interview is for the immigration officer to confirm how genuine your relationship is with your partner or in plain simple terms how real is your relationship with your partner. DHA needs to confirm that your relationship is not fake and for purposes of obtaining a spousal visa which leads to permanent residence and eventually to citizenship. There are people out there who are trying to game the system.

 

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