SA Migration - Visas: Critical Skills Work Visa , Business Visa , Retirement Visa , Spouse Visa , Life Partner Visa , Registered

SA Migration - Visas: Critical Skills Work Visa , Business Visa , Retirement Visa , Spouse Visa , Life Partner Visa , Registered

 

SA Migration – 20/06/2022

 

Visas: Critical Skills Work Visa , Business Visa , Retirement Visa , Spouse Visa , Life Partner Visa , Registered Immigration Practitioner , Immigration Lawyer ,Permanent Residence , Citizenship, Asylum to temporary residence  , Refugee   - www.samigration.com

 

 

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New quotas to limit hiring of foreigners in South Africa: minister

New quotas to limit hiring of foreigners in South Africa: minister

 

Businesstech – 20 June 2022

 

Employment and Labour minister Thulas Nxesi says his department is in the process of finalising two new documents which will tighten employment laws, including limitations on the hiring of foreigners.

Nxesi was responding to complaints by truck drivers this week which led to a major blockage of the N3 highway. One of the key complaints raised by the drivers is that jobs are being taken by both legal and illegal foreign workers.

One of the key ways that government plans to address this is through the proposed National Labour Migration Policy, Nxesi said. He noted that the policy aims to achieve a balance across several areas, including:

•             The first is to address South Africans’ expectations regarding access to work opportunities, given worsening unemployment and the perception that foreign nationals are distorting labour market access. The NLMP, together with proposed legislation, will introduce quotas on the total number of documented foreign nationals with work visas that can be employed in major economic sectors such as Agriculture, Hospitality and Tourism, Construction, etc.

•             The NLMP will be complemented by small business interventions and enforcement of a list of sectors where foreign nationals cannot be allocated business visas and amendments to the Small Business Act to limit foreign nationals establishing SMMEs and trading in some sectors of the economy.

•             The Department of Home Affairs is reviewing current legislation and strengthening the Border Management Authority to secure porous borders and to allow for the orderly movement of people and other nationals through ports of entry only.

•             Government plans to ramp up inspections to enforce existing labour and immigration legislation.

Employment Services Amendment Bill

Nxesi said the National Labour Migration Policy goes hand in hand with the proposed Employment Services Amendment Bill, which provide the legal basis to regulate the extent to which employers can employ foreign nationals in their establishments while protecting the rights of migrants.

The proposed amendments to the Employment Services Act aim to limit the extent to which employers can employ the number of foreign nationals in possession of a valid work visa in their employment,” he said.

It will also place several obligations on an employer employing foreign workers, including:

•             Only employ foreign nationals entitled to work in terms of the Immigration Act, the Refugees Act, or any other provision;

•             Ascertain the foreign national is entitled to work in the Republic in the relevant position;

•             Satisfy themselves that there are no South Africans with the requisite skills to fill the vacancy;

•             Prepare a skills transfer plan, where appropriate;

•             Employ foreign nationals on the same terms as local workers; and

•             Retain copies of relevant documentation

www.samigration.com


SA Migration - Visas: Critical Skills Work Visa , Business Visa , Retirement Visa , Spouse Visa , Life Partner Visa , Registered Immigration Practitioner , Immigration Lawyer ,Permanent Residence , Citizenship, Asylum to temporary residence , Refugee

SA Migration - Visas: Critical Skills Work Visa , Business Visa , Retirement Visa , Spouse Visa , Life Partner Visa , Registered Immigration Practitioner , Immigration Lawyer ,Permanent Residence , Citizenship, Asylum to temporary residence  , Refugee   - www.samigration.com

Immigration Inspectorate cracks down on South African employers

Immigration Inspectorate cracks down on South African employers

SA Migration – 17 June 2022

1South Africa’s immigration policy is once again up for review. It has recently emerged that, since 2010, approximately 330 000 foreigners have overstayed their South African visas and remained in the country illegally. This is commonly viewed as the result of government failing to significantly invest in methods aimed at policing illegals residents. This is, however, only the tip of the iceberg and the government is well aware of the need to successfully implement a policy framework to ensure that South Africa’s immigration policies stand alongside those of leading world powers.

On 23 April 2015, the Honourable Minister of Home Affairs, Malusi Gigaba, advised parliament that the Department of Home Affairs is working towards completing a new International Migration White Paper aimed at overhauling South Africa’s entire immigration policy framework.

Investment into immigration worker visas

Of particular relevance to South African businesses is the Minister’s assertion that R118 million is to be invested in increasing the capacity of the Immigration Inspectorate over the course of the next 3 years. The Inspectorate is tasked with the policing of illegal foreigners within South Africa and the increased capacity will allow it to focus on the effective detection and prosecution of companies employing undocumented migrants and foreigners whose visas have expired. The Inspectorate will be looking to increase the frequency of raids on companies suspected of employing illegal foreigners in an attempt to clamp down.

Repercussions of employing illegal foreigners

The Immigration Act imposes substantial fines and terms of imprisonment for companies and employers who are deemed to have knowingly employed illegal foreigners and it is clear that the inspectorate, with the backing of the Department of Home Affairs, has deemed this area to be one which requires more stringent regulation. As a result, it is becoming increasingly necessary for companies to ensure that they are compliant with all aspects of the Immigration Act at all times. A failure to do so, is likely to lead to severe repercussions.

Are you employing illegal foreigners?

Companies currently employing illegal foreigners and wishing to legalise their staff can contact us at overstay appeals for further information and assistance.

 

 

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Australia: Immigration Applications Processing Updates

Australia: Immigration Applications Processing Updates

17 June 2022 – Fragomans

Following the reopening of international borders on February 21, 2022 for fully vaccinated visa holders, the Department of Home Affairs continued immigration processing across all visa cases and is currently working through a large backlog of pending visa applications. Fragomen has observed delays in processing across all visa types, including onshore visas requiring the completion of health examinations.

Health examination bookings through Bupa Medical Visa services are currently limited in New South Wales and Victoria, adding to general visa processing delays. Processing delays continue for applications linked to occupations that are not on the Priority Migration Skilled Occupation List (PMSOL).

However, Fragomen has noticed that more recently lodged applications are being processed within standard time frames, including improvements in the time frames for offshore TSS 482 visa applications due to access to health examination appointments.

The Department of Home Affairs continues to prioritize occupations on the PMSOL and in critical sectors and will process applications in accordance with government processing priorities.

www.samigration.com