Look what immigration police officers were doing in Diepsloot last night

Opera News – 12 May 2022

With our any reasonable doubt, fear or favour, it is clear now that operation Dudula had made the sleeping departments to wake up with immediate effect and start working.

Fe weeks ago in Diepsloot, Gauteng province, Operation Dudula engaged with a war between them as South Africans and foreigners.

This is were more than eight people lost their lives. Different ministers such as Minister of South Africa Police service, General Bheki Cele and Minister of home affairs in the republic of South Africa, Dr Aaron Motsoaledi had to visit that township to have some community meeting with South Africans.

Now immigration police have been deployed in that Township, working alongside police of the republic of South Africa, checking documents and arresting all those who don't have papers.

www.samigration.com

Operation Vulindlela: Too early for congratulations, says business

Fin24 – 12 May 2022.

• Government says eight of its 26 Operation Vulindlela reforms are completed. 
• The aim of the reforms is to improve the investment environment.
• But business warns that even successful reforms are still tied up in red tape.

Operation Vulindlela - the joint delivery unit in the Presidency and National Treasury established to speed up economic reform - has made some progress, says Business Unity SA (BUSA), but the impact is limited as reforms remain trapped in red tape. 

There is a broad consensus that the business environment requires structural reforms to encourage new investment. The unit has five objectives, with specific reforms linked to each.

The objectives are to:

• Stabilise the electricity supply;
• Reduce costs of digital communication;
• Create a sustainable water supply;
• Introduce competitive and efficient freight transport; and
• Establish a visa regime that attracts skills and grows tourism.

The unit published a report on Monday showing that of the 26 reforms it tracks, eight are complete, 11 are on track, five are a cause for concern, and two are facing serious implementation problems.

But organised business has warned that ticking off reforms on the list does not mean the blockage has been resolved. 

CEO Cas Coovadia in a statement on Monday said:

"We believe Operation Vulindlela has done excellent work and we note the reforms marked as 'completed'…However, Operation Vulindlela is not mandated to ensure different departments in government use the reforms to implement necessary actions to enable the private sector to drive business."

Coovadia pointed to the lifting of the licensing threshold for embedded electricity (or self-) generation projects from 1 MW to 100 MW as one where - despite the change to the regulators - projects were still stuck in the works due to red tape imposed by the National Energy Regulator of SA (Nersa). As an alternative to licensing, Nersa has registration requirements that are so onerous that projects cannot move ahead. 

Since August last year when regulations changed, only four of 58 projects, mainly from the mining industry, have been registered. 

"We welcomed the announcement by President Ramaphosa of the raising of the ceiling to 100 MW. However, private sector generators of power are still hampered by inappropriate processes and regulations in Nersa, which make it difficult to act on the reform. We find similar issues with the critical skills list and other reforms. The issue is thus the capability and commitment of government departments to clear red tape hampering business leveraging off the reforms," he said.

The critical skills list is issued under the Immigration Act and provides people with "critical skills" to apply for a visa. But the list has been criticised for being very limited, for instance, it does not acknowledge a shortage of medical skills. 

The list approach is also highly restrictive and skilled immigration is unlikely to open up based on this policy approach. Vulindlela has on its list a complete overhaul of skilled visa policy, a reform that the progress report says is "in progress and on track".

On the list of completed reforms are:

• The raising of the licensing threshold to 100 MW;
• The successful adjudication of a new round of bids from independent power producers in bid window 5;
• The announcement of bid window 6;
• Preparations by municipalities to procure their own independent power;
• The establishment by Eskom of an independent power transmission company;
• The publication of the Electricity Regulation Amendment Bill to enable the emergence of a competitive energy market;
• A successful auction of broadband spectrum; and
• The reinstatement of reports that monitor water quality. 

The two biggest problems are in the energy sector. The first is the so-called emergency power procurement or risk mitigation procurement, which is bogged down in litigation and compliance issues around local content. The second is Eskom’s goal to reach a 70% energy availability factor, which has not come close to materialising.

www.samigration.com

South Africa Working Visas

South Africa seeks highly skilled individuals to live and work in SA.

SA Migration Services will provide professional assistance to arrange your work visa for you if you qualify.

Work Visas are regulated in terms of Section 19, Regulation 18 and items 18 (1), 19(2), 20, 21 and 22, of Schedule A.

There are three common types of Work Visas:

• General Work Visa
• Inter Company Transfer Visa
• Critical Skills Visa

General Work Visa

Under the General Work Visa there are very strict requirements. The South African government, although trying to promote work and trade in South Africa, recognize the need to give South Africans the chance to obtain employment ahead of any foreigner.

You will have to prove that you are the only person who can fill that position and that no other South African can play that role. This is done by placing an advert in a national newspaper advertising the position.

A Department of Labour report would need to be obtained.

You will also need to have a job offer/contract from your future employer.

The most important part of the process is skills assessment by SAQA (South African Qualifications Authority) in SA which evaluates your formal qualifications and compares them to a SA qualification. This process is mandatory and for this we would need your academic transcripts and award diplomas. Note under the regulations provision is made for the recognition of work experience in the absence of formal qualifications and this therefore makes provision recognition of prior work experience (RPL).

This is a paper based system which merely compares the foreign qualifications and arrives at an equivalent qualification in SA, and if qualified in SA then no SAQA needed.

Next your employer has to prove that you are the only person that can fill the position and no other South African can fill that role. This is done by placing an advert in a national newspaper advertising the position.

Please note the work Visa is issued in the name of the employer so the person is tied to the employer. If they change the job they will require a new work Visa.

There is some good news for people who are qualified through work experience only and they can qualify if they don’t require formal qualifications, ie SAQA.

Inter Company Transfer Visa

An intra-company transfer work Visa may be issued by the Department to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic.

An important factor is that the applicant has to have been employed with the company abroad for a period of not less than 6 months.

The Intra company transfer is not designed to be a long term visa. The idea is to bring in foreign workers employed by the company abroad with a branch or subsidiary branch here in South Africa; they work or conduct training for four years, and then return home.

This Visa does not require the hassle of proving the company could not find suitable applicants and it does not require the hassle of verifying an applicant’s formal qualifications. It is based purely on employment. If you are a company that needs to transfer in foreign employers, please contact us and we will make this go as smoothly as possible.

It is important to note that this category of work Visa cannot be granted for more than four (4) years and this type of Visa is not extendable.

Critical Skills Work Visa

The Critical Skills Visa South Africa is for skilled workers whose occupation is on the Critical Skills Visa List for South Africa. This list reflects the occupations that are in demand in South Africa.

The newly published "Skills or qualifications determined to be critical for the Republic of South Africa in relation to an application for a Critical Skills Visa or Permanent Residence Visa"

This category of work visa may be issued to an applicant who falls within a specific professional category or specific occupational class determined by the Minister by notice in the Government Gazette. This is done after consultation with the Minister of Labour and the Minister of Trade and Industry.

If an applicant falls within one of the professional categories listed on the critical skills list and also has the appropriate post qualification working experience in that profession then such applicant may qualify to apply for this category of work Visa.

The applicant also needs to where applicable register with the relevant South African professional accreditation body regulating that industry as stipulated by Minister of Home Affairs. Such body must also confirm the applicant’s skills, qualifications and working experience.

Furthermore, such applicant’s qualifications need to be evaluated relevant to a South African level. An applicant for a Critical Skills Visa may enter South Africa on such visa without having secured a job offer first. It is, however, required of the applicant to confirm employment with the Department of Home Affairs within a period of one (1) year upon arrival in South Africa, failing which, the Visa would automatically lapse.

The Critical Skills Work Visa is tied to an individual and not to an employer so under this Visa a person can leave from one employer to the next without obtaining a new work Visa.

www.samigration.com

British couples separated by visa backlog ‘being kept in the dark over delays’

PA News Agency – 10 May 2022

More than 150 people caught up in a backlog of visa applications have reportedly not been told how long delays might be.

BBC News says British couples kept in separate countries by the backlog have contacted the broadcaster to raise the issue of delays, with complaints of some applications taking twice the usual processing time of three months.

The BBC says British citizen Deon Barnard and his wife Heather, who both grew up in South Africa, applied for a visa on December 23, with Mr Barnard moving to London to start a new job.

He told the broadcaster: “We were expecting, according to our calculations and according to our [immigration] agents as well, about March 28 would’ve been our date of receiving our [visa].

“Heather would’ve been on a plane the next day.

“On about March 26, we got a letter from the [Home Office] that, due to the humanitarian crisis in Ukraine, visa applications were now paused.

“And there was no information, no date, no expectations set, nothing – that was just the end of the story.

“And we’ve been waiting ever since.”

A Home Office official told the BBC: “We are prioritising Ukraine Family Scheme and Homes for Ukraine applications in response to the humanitarian crisis caused by [Russian President Vladimir] Putin’s barbaric invasion of Ukraine, so applications for study, work and family visas have taken longer to process.

“We are working at pace to ensure these are issued as quickly as possible.”

It comes as the Government looks set to face legal action over “unreasonable” delays in the Homes for Ukraine scheme.

Would-be hosts have sent a legal letter to the Home Office over “unexpected, unexplained and unreasonable” delays in processing hundreds of visa applications made in March.

They suggest either the Home Office may be prioritising more recent, simpler applications to “boost” the numbers, and then “boast” about these, or that the policy is “just so incoherent and disorganised” that there is no pretence of processing claims chronologically.

Other areas of concern include MPs being told visas in certain cases have been granted when this is not the case, and sponsors being told cases will be expedited when they have not been.

They also say there are cases where visas and permission-to-travel letters have been granted, but refugees have not been informed or the documents have not been sent or made available to collect.

On Friday the groups Vigil 4 Visas and Taking Action Over The Homes For Ukraine Visa Delays sent a pre-action letter, shared with the PA news agency, informing the Home Office and Government Legal Department they may apply for a judicial review of the policies.

When the legal action was initially announced earlier last week, the Government said it had streamlined the visa system, simplified forms and boosted staff numbers, and it is now “processing visas as quickly as they come in”.

The groups have requested a response by 4pm on Tuesday.

www.samigration.com

ASYLUM SEEKERS PERMIT EXPIRED during LOCKDOWN – Don’t know what to do ?

Apply Now for Temporary Residence even with EXPIRED LOCKDOWN PERMITS

The Constitutional Court handed down a judgement in the Ahmed matter as well as a Court Order opening the door for Asylum Seekers and Refugees to apply to change their status to  temporary residence visa . Contact us now before this fantastic opportunity is lost .

Contact us now and ask me HOW CHANGE TO TEMPORARY RESIDENCE . Travel abroad from South Africa , get a Canada , Schengen Visa afterwards .

Under the new rules they don’t have to cancel their asylum or refugee status and can change to any visa class if they qualify from within
South Africa

please contact us on :
Sa Migration International

 Whatsapp  Tel No : +27 (0) 82 373 8415

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )

Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155

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