How to apply for a Department of Labour Certificate for Work Visa

Department of Labour | 05 Jan 2023

In 2014, the Department of Home Affairs decided to update the immigration regulations and made major changes which affected many foreign nationals.

One of the changes was how to apply for a general work visa. Previously candidates or employers had to place an advert in a local newspaper, obtain their SAQA certificate and lastly apply for a salary benchmarking certificate.

So after the immigration regulations, employers had to obtain a certificate from the Department of Labour before they could apply for a General Work Visa.

If you need information on how to apply for a general work Visa in South Africa, then our blog post has all the information you need.

Are you probably wondering what is a labour certificate in South Africa?

You cannot apply for a general work visa if you are on a tourist visa for South Africa.

So let’s dive in and find out how things have changed in 2022 &will continue in 2023.

What is a Department of Labour Certificate in South Africa

• What is a Department of Labour Certificate in South Africa
• So which visas does this apply to?
• How to get a labour certificate – the new process
• So what are the steps your employer needs to take:
• So how does this affect the Department of Labour Certificate Waiver?

 The certificate is a way to prove to the Department of Home Affairs that your employer has exhausted all avenues in first finding a suitable South African citizen or permanent resident.

The Department of Home wants to confirm the following requirements have been met and are in order:

• The employer has exhausted all avenues in first finding a suitable South African citizen or permanent resident before awarding you the job offer.
• You have the necessary experience and qualifications for the position advertised.
• The salary and benefits offered to you by the employer are not inferior to the average salary and benefits of SA citizens in a similar role.
• Your contract of employment must stipulate your employment conditions which are signed both by you and your employer and are in line with the labour standards of SA. Your contract should be conditional upon your visa being approved.

So which visas does this apply to?

1. General Work Visa
2. Corporate Visas
3. Renewing your existing general work visa
4. Changing from a temporary residence visa to a general work visa

How to get a labour certificate – the new process

 Previously your application was submitted directly through VFS, however since the new process employers now first need to obtain what’s called a Visa Final Notification.

It is noted that the foreign applicant cannot complete this process and that your employer should complete this process.

So what are the steps your employer needs to take:

• The employer must complete a DEL (Department of Employment & Labour) registration form.

• Once registration has been accepted, the Department of Employment & Labour will then provide the employer with suitable South African citizen or permanent resident candidates. The employer has to notify DEL whether they have employed any of the candidates sent to them.

• If none of the candidates is suitable for the position, then the employer needs to complete a visa application form with supporting documents and submit the application to a DEL provincial office. Contact details and the employer’s business address must be submitted for future audits.

• Once the application has been processed by DEL, then the visa finalisation notification will be sent to the employer. If the recommendation is positive then the applicant may go ahead and apply for the general work visa. A negative recommendation may be appealed directly to the Department of Home Affairs.

So now an applicant may not apply through VFS or a South African embassy without the visa finalization notice.

This letter must accompany your application for a general work visa. There are new visa application forms which must be used and DEL will now vet your application as well.

The Department of Employment and Labour has given a processing time of 30 days for an application.

So how does this affect the Department of Labour Certificate Waiver?

 The Department of Home has not communicated anything about the waiver process and the Department of Employment & Labour.

For those who are not familiar, a waiver is a written request to the Department of Home Affairs asking for permission to waive certain requirements from a specific visa.

In this case, it would be to waive the Department of Labour process.

VFS at this point is still accepting waivers for the General work visa.

The waiver letter for immigration in South Africa can give you some more tips about the waiver letter.

At this point, the processing of waivers by the Department of Home Affairs is taking anything between 5 – 10 months.

www.samigration.com

Zimbabwe Exemption Permit: Six months before expiry, Zimbabweans in SA have mixed feelings

News24 – 05 Jan 2023

• Zimbabwe Exemption Permit holders are left with six months before the extension expiry.
• With a low uptake of other visa facilities, some Zimbabweans are looking for jobs abroad as caregivers and elementary school teachers.
• On average, more than 12 000 people are entering Zimbabwe through Beitbridge daily during the festive season.

With just six months before the time is up for those in South Africa living under the Zimbabwe Exemption Permit (ZEP), there are mixed feelings among Zimbabweans, with some wishing for a further extension, while others contemplate going abroad.

The government announced that it would terminate the ZEP on 30 June 2023, a decision that will affect about 180 000 Zimbabweans residing in South Africa.

As early as October, the Zimbabwean government announced that it was prepared for its nationals who were coming home to start a new life and would assist them with transport and other logistics.

While there has been no sign of it backing its words with action, there has been an influx of travellers from South Africa into Zimbabwe.

Between 5-10 December, 62 770 people entered Zimbabwe through the Beitbridge border.

The head of immigration at the border, Cannie Magaya, said although they had no figures yet, on the days leading up to Christmas, there had been an increase in traffic.

She said it could stay like that until early January when people start returning to South Africa.

Brian Moyo, a Zimbabwean working as a teacher in SA, didn't apply for the special skills visa because he felt it was a waste of time.

While he is going back home in early January, he has set his sights on jobs in China.

He said:

I teach English and that's not a special skill. I stood a chance as a science or mathematics teacher, as such, applying for other visas was a waste of time for me.

Moyo, before migrating to South Africa, taught at some private schools back home.

He feels his experience there could help him in China.

"There is a demand for teachers in early education in China, and English language is one of the subjects with vacancies. So I am applying for those jobs, and one advantage I have is understanding children's psychomotor skills and capacity to learn," he said.

An online search by News24 discovered that salaries for teaching jobs in China range from R70 000 to R120 000, depending on the type of school and level of experience.

In comparison to teaching jobs in southern Africa, Chinese teaching jobs pay way better.

 

Another opportunity will come into effect in March when the United Kingdom opens up for teachers from South Africa, Ghana, Zimbabwe and Nigeria.

But Moyo said he had not considered that option yet, since it was yet to be offered.

Working in South Africa has also become very difficult for those spending their money in Zimbabwe because of the rand's volatility against the US dollar, the preferred currency of trade.

During the festive season, R100 is the equivalent of $5.80, but most shops or businesses only value it at $5.

"It's robbery," said Steven Tshuma, another Zimbabwean based in South Africa.

He added: "They don't respect this (rand) currency. One is better off coming from Europe or elsewhere."

'I hope my boss comes up with a plan'

With the impending ZEP expiry, he is setting his eyes on the UK, Canada or Australia.

"I am starting a nurse aid course with the Red Cross (in SA) early next year. When done, I will apply for jobs abroad. Many have done it. It works," he said.

Tshuma works at a restaurant and has come face to face with members of Operation Dudula – a vigilante group that intimidates migrants.

He is worried that, a few months before permits expire, xenophobic attacks could resurface, and that by then they would be extreme, because they would be targeting people who had been outlawed by the government but chose to stay on illegally.

He said:

What excuse would I have to be in SA? They could burn us alive, because first and foremost we would be illegal immigrants and going to report criminal conduct at a police station would be getting yourself arrested.

By the end of October, fewer than 10% of ZEP holders had applied for the available mainstream visas.

An estimated 180 000 ZEP holders will be affected by the 30 June 2023 deadline set by the government.

Shiela Ncube, a domestic worker in Johannesburg, has no plans of leaving the country.

She hopes her boss will find a way around the system to keep her in SA.

www,samigration.com

Canada Bans Nigerians, Other Foreigners From Buying Homes

Ladunliadi News | 05 January 2023

A ban on foreigners buying residential property in Canada took effect on Sunday, aiming to make more homes available to locals facing a housing crunch. Several exceptions in the act allow individuals such as refugees and permanent residents who are not citizens to buy homes.

In late December, Ottawa also clarified that the ban would apply only to city dwellings and not to recreational properties such as summer cottages.

The temporary two-year measure was proposed by Prime Minister Justin Trudeau during the 2021 election campaign when soaring prices put home ownership beyond the reach of many Canadians.

“The desirability of Canadian homes is attracting profiteers, wealthy corporations, and foreign investors,” his Liberal Party said in its election plank at the time.

“This is leading to a real problem of underused and vacant housing, rampant speculation, and skyrocketing prices. Homes are for people, not investors.”

Following their 2021 election victory, the Liberals quietly introduced the Prohibition on the Purchase of Residential Property by Non-Canadians Act.

Major markets such as Vancouver and Toronto have also introduced taxes on non-residents and empty homes.

Despite a recent heyday, the country’s real estate market has cooled for sellers as mortgage rates followed the Bank of Canada’s aggressive monetary policy in a bid to rein in inflation.

According to the Canadian Real Estate Association, average home prices have fallen from a peak of more than Can$800,000 (US$590,000) at the start of 2022 to just over Can$630,000 (US$465,000) last month.

Many experts have also said the ban on foreign buyers — who accounted for less than five percent of home ownership in Canada, according to the national statistical agency — would not have the desired effect of making homes more affordable.

Rather they point to a need for more housing construction to meet demand.

www.samigration.com

Proof of Permanent Residency (PR)

SA Migration | 05 Jan 2023

Why does one do this

Obtaining permanent residency is your ticket to securing a full-time residency in South Africa. This alleviates the headache of renewing your visa every few years while still enabling you to enjoy every moment of your stay in South Africa. This is why we call it “Permanent” residency. It is important to make sure that you look after your PR certificate.

While obtaining your permanent residency is a joyous occasion, it is important to be able to produce a proof of permanent residency (PR) upon request.

A PR certificate is issued upon successful application for your permanent residency. The Department of Home Affairs (DHA) will only issue you this certificate once, therefore obtaining a certified copy and looking after your original copy is very important. The only time you will need to take your PR Certificate out of its safe place will be upon exiting South Africa and entering a new country. Obtaining a proof of residency letter can confirm your status and the legitimacy thereof. This can also function as a back-up if you lose your original copy – saving you loads of stress if things don’t go your way.

If you happen to misplace your certificate, it is not the end of the world. Although you may only receive the certificate once, the application for “confirmation of status” – solidifies your status as a permanent resident. This letter comes in the form of a permanent residency letter, which can be applied for before or after misplacing your original proof of permanent residency. You know the saying, better safe than sorry, as this letter can take upwards of 6 months to be approved. Try and obtain your confirmation of status letter as soon as possible!

Once you have obtained permanent residency certificate for South Africa, you need to make sure that you comply with any conditions listed on the bottom of the A4 page. If you are unsure about how to comply with the conditions on your permanent residency certificate, make sure to obtain legal advise so you do not invalidate all of the hard work that you have done to obtain your certificate. You also need to apply for your South African identity book and convert your driver’s license to a South African version.

To apply for naturalization as a South African citizen: If you are a permanent resident of South Africa and you want to apply for naturalization as a South African citizen, you will need to provide proof of your permanent residency status as part of the application process.

If you leave South Africa and do not return after three or more years, your permanent residency is at risk of being revoked.  It is strongly suggested to seek professional legal advice. This is only if you are leaving the country for extended periods at a time.

www.samigration.com

Canada is banning foreigners from buying property – what it means for South Africans looking to work or study there

3 January 2023 – Businesstech

Canada has introduced a new law banning foreigners from buying residential property until 2025 – however, this will not apply to South Africans migrating to the North American nation.

The ban on foreigners buying residential property comes after a spike in Canadian home prices since the start of the Covid-19 pandemic.

Canadian politicians, including Prime Minister Justin Trudeau, blamed foreign investors for buying large amounts of properties as investments – damaging supply.

However, South Africans planning to immigrate to the nation will not be affected as the ban does not apply to foreign nationals in the country living as permeant residents.

According to the new laws, Canadian citizens and permanent residents are exempt from the ban, while other prospective buyers face various different rules.

International students and foreign workers are allowed to purchase one property, as long as they have lived in Canada for a certain number of years and have signalled their intention to become permanent residents.

For workers, they would have had to have worked in Canada for three out of the four years prior to buying a property. Students, meanwhile, have to be present in Canada for 244 days each year for five years prior to buying. International students cannot buy a property for more than $500,000.

South Africans who migrate to Canada via the popular Express Entry Program for skilled workers are considered permanent residents and thus eligible to purchase residential property.

South Africans who are not permanent residents of Canada are ineligible to buy property in the North American nation as an investment for the next two years. However, according to statista, the average house price in Canada is over R12.3 million (C$ 27,300), which means that many South Africans likely cannot afford to buy property in Canada.

Other exemptions are also found in the new law. Refugees are also eligible to buy property. Moreover, the ban will not apply to recreational properties such as summer cottages, instead focusing on city dwellings. In addition, residential properties with more than three units are still available to purchase.

Speaking on CTV News, Tom Storey from Royal LePage said that the ban would most likely help Canadians buying their first residential property from competing against foreigners who do not live in Canada.

A popular destination for South Africans

Although Canada’s attempts to limit foreign ownership of residential property may sound unwelcoming, the North American country is still an incredibly popular immigration destination for South Africa.

From 2015 to 2022 Q3, 2.4 million foreigners migrated to Canada – including 11,210 South Africans.

Last year, the Canadian government updated its Immigration Levels Plan for 2023-2025, hoping to add 500,000 immigrants a year by 2025.

South Africans have historically scored highly for the Express Entry immigration process due to strong language skills, the likelihood of obtaining skilled work, and the higher education they may have completed when they were younger.

Canada welcomes high levels of skilled worker immigration to keep its economy strong, as it has one of the world’s oldest populations and one of the world’s lowest birth rates.

Canada thus depends on immigration to grow its population and labour force

www.samigration.com