Huge blow to foreigners – No second chance for Asylum seekers as government tightens laws

Pretoria News – 11 August 2022

 

Foreign nationals whose applications for asylum in South Africa were rejected do not automatically have the right in law to reapply.

If they do, this will allow for a never-ending cycle of asylum applications, according to a judgment by the Western Cape High Court.

This followed an application by three Burundian nationals who applied for asylum in South Africa.

Their applications were rejected as being manifestly unfounded in terms of the Refugees Act.

The refusal was automatically reviewed by the Standing Committee for Refugee Affairs, which confirmed the finding.

The women subsequently turned to court to obtain an order directing Home Affairs and its various arms dealing with asylum issues, to accept a second asylum seeker application made by each of them.

Their main objective to remain in South Africa was because they wanted to study and work here, while one of the women said she came here “to find her husband”.

According to them, the act makes provision for foreign nationals to reapply for refugee status after their first application has been turned down.

Each of them earlier applied for asylum status in South Africa, but their applications were turned down, as their reasons for wanting to stay in South Africa were said to be unfounded.

In terms of the Refugee Act, a person qualifies for refugee status if it is proven that their lives would be in danger if they were to be sent back to their country of origin.

But in this case, home affairs officials noted that peaceful elections were held in Burundi in 2020 and many Burundian refugees had voluntarily returned home, so the women were not in danger if they went back.

The women accepted the rejection of their first asylum applications and did not take it on review. But they said that they were entitled, in terms of the law, to reapply.

Judge Hayley Slingers said the women were told to leave the country when their asylum applications were turned down in 2014, yet they chose to remain illegally in the country.

They now wanted the court to force Home Affairs to accept their second application.

They want to base the second application on allegations that their lives would indeed be in danger if they were forced to return to Burundi due to the government there.

According to them, the act is “an open system designed for vulnerable people to apply for asylum”.

They also argued that their interpretation of the act is that it does not matter how any times someone applied for asylum status after being refused, and that while the application is pending, they may not be kicked out of the country.

But Judge Slingers said this interpretation is problematic, as it would mean an asylum seeker could keep on submitting applications if the previous ones were refused, while remaining in South Africa all the time.

“There would then be no need to be granted asylum as the asylum seeker need only continuously apply for asylum, to be granted the right to stay in the RSA.”

The judge turned down their application and said the act did not automatically give asylum seekers the right to reapply.

She said when their asylum applications were refused and this was confirmed by the committee, they reverted to the status of being illegally in the country.

Pretoria News

    www.samigration.com
              

South Africa is facing another skills crisis

Businesstech – 11  August 2022

 

South Africa needs to increase the number of researchers and technicians it has at its disposal if it wants to remain globally competitive in innovation.

This was one of the key issues raised in the 2022 South African Science, Technology And Innovation Indicators Report, published by the Department of Higher Education, Science and Innovation on Friday (29 July).

Minister in charge of that department, Blade Nzimande said that the number of researchers employed in research and development (R&D) in South Africa has been on the decline since 2018, as has the number of technicians employed in R&D.

The proportion of technicians to researchers employed in R&D decreased from 32.8% in 2014/15 to 24.3% in 2019/20, and employment in R&D in the business sector declined by slightly more than one-fifth, he said.

“A critical component of a well-functioning innovation system is human capital across all the science, technology and innovation (STI) activities,” the department said.

“Previously, much of the focus was on researchers carrying out R&D activities in South Africa. However, technicians are important for the integration and translation of research ideas into demonstrators and other tangible R&D outputs. Hence, the number of researchers employed in R&D are analysed along with the technicians employed in R&D.”

The department pointed to a steady increase in researchers employed in R&D between 2010 and 2017. However, since 2017, the numbers have declined.

While South Africa’s number of researchers in 2019 (28,358) was 51.5% more than in 2010 (18,720), it said the country needs to up the number of researchers of all races to increase its innovation potential.

South African Researchers in Employment

 

The upside to the latest data is that transformation is taking place in South Africa’s STI landscape, the department said.

There is an increase in the percentage of African researchers, from 26.7% in 2010 to 35.6% in 2019. However, there is a declining trend among white researchers in the country.

While the percentage of white researchers has declined, the absolute number of white researchers was in fact on the increase from 14,789 in 2010 to 15,795 in 2017. However, the numbers dropped back to 14,890 in 2018 and further to 14,224 in 2019.

The proportion of both coloured and Indian researchers increased marginally between 2010 and 2018, the department said.

Proportion of South African Researchers by Race

 

When it comes to technicians, a more troubling picture emerges.

The number of technicians employed in R&D has been on the decline since 2015. As a result, the proportion of technicians to researchers has decreased from a high of 32.8% in 2014 to 24.3% in 2019.

“The decline in the percentage and number of technicians employed in R&D should be interpreted in the context of the movement of R&D in South Africa from the business sector to higher education, with more focus on basic research,” the department said.

However, even taking into account the migration from business to academics, the number of technicians employed in R&D by the higher education sector is also very low, it said.

South African Technicians Employed in R&D

 

Nzimande said that following the 2020 and 2021 Covid-19 pandemic, the country’s National System of Innovation has been “stretched to its limits”, which impacts the country’s ability to compete internationally.

“South Africa’s innovation performance is falling behind other middle-income countries with regard to outputs such as patents and high technology exports. South Africa performs better in innovation inputs than innovation outputs. Considering its level of innovation investment, the country produces few innovation outputs,” he said.

The resolve the issue, he said that his department will focus on the 2019 White Paper on Science, Technology and Innovation, which aims to future-proof education and skills as one of its core pillars.

The government is trying to strengthen a future-ready workforce at both the foundational and further education levels through restructuring curriculae and introducing a broader range of subjects and courses.

www.samigration.com

 

 

South Africa is facing another skills crisis

Businesstech – 11  August 2022

 

South Africa needs to increase the number of researchers and technicians it has at its disposal if it wants to remain globally competitive in innovation.

This was one of the key issues raised in the 2022 South African Science, Technology And Innovation Indicators Report, published by the Department of Higher Education, Science and Innovation on Friday (29 July).

Minister in charge of that department, Blade Nzimande said that the number of researchers employed in research and development (R&D) in South Africa has been on the decline since 2018, as has the number of technicians employed in R&D.

The proportion of technicians to researchers employed in R&D decreased from 32.8% in 2014/15 to 24.3% in 2019/20, and employment in R&D in the business sector declined by slightly more than one-fifth, he said.

“A critical component of a well-functioning innovation system is human capital across all the science, technology and innovation (STI) activities,” the department said.

“Previously, much of the focus was on researchers carrying out R&D activities in South Africa. However, technicians are important for the integration and translation of research ideas into demonstrators and other tangible R&D outputs. Hence, the number of researchers employed in R&D are analysed along with the technicians employed in R&D.”

The department pointed to a steady increase in researchers employed in R&D between 2010 and 2017. However, since 2017, the numbers have declined.

While South Africa’s number of researchers in 2019 (28,358) was 51.5% more than in 2010 (18,720), it said the country needs to up the number of researchers of all races to increase its innovation potential.

South African Researchers in Employment

 

The upside to the latest data is that transformation is taking place in South Africa’s STI landscape, the department said.

There is an increase in the percentage of African researchers, from 26.7% in 2010 to 35.6% in 2019. However, there is a declining trend among white researchers in the country.

While the percentage of white researchers has declined, the absolute number of white researchers was in fact on the increase from 14,789 in 2010 to 15,795 in 2017. However, the numbers dropped back to 14,890 in 2018 and further to 14,224 in 2019.

The proportion of both coloured and Indian researchers increased marginally between 2010 and 2018, the department said.

Proportion of South African Researchers by Race

 

When it comes to technicians, a more troubling picture emerges.

The number of technicians employed in R&D has been on the decline since 2015. As a result, the proportion of technicians to researchers has decreased from a high of 32.8% in 2014 to 24.3% in 2019.

“The decline in the percentage and number of technicians employed in R&D should be interpreted in the context of the movement of R&D in South Africa from the business sector to higher education, with more focus on basic research,” the department said.

However, even taking into account the migration from business to academics, the number of technicians employed in R&D by the higher education sector is also very low, it said.

South African Technicians Employed in R&D

 

Nzimande said that following the 2020 and 2021 Covid-19 pandemic, the country’s National System of Innovation has been “stretched to its limits”, which impacts the country’s ability to compete internationally.

“South Africa’s innovation performance is falling behind other middle-income countries with regard to outputs such as patents and high technology exports. South Africa performs better in innovation inputs than innovation outputs. Considering its level of innovation investment, the country produces few innovation outputs,” he said.

The resolve the issue, he said that his department will focus on the 2019 White Paper on Science, Technology and Innovation, which aims to future-proof education and skills as one of its core pillars.

The government is trying to strengthen a future-ready workforce at both the foundational and further education levels through restructuring curriculae and introducing a broader range of subjects and courses.

www.samigration.com

 

 

Indefinite Leave to Remain – all you need to know

SA Migration - 11-08-2022

Ever wondered what the difference between Indefinite Leave to Remain and citizenship is? SA Migration has answers to some of your questions.

Indefinite Leave to Remain – all you need to know: Image: Adobe stock

Indefinite Leave to Remain, or ILR in short,  is the stepping stone to British citizenship. However, many people get confused between ILR and citizenship. 

SA Migration have subsequently compiled short guidance on all that you need to know about ILR.

What is Indefinite Leave to Remain?

Indefinite Leave to Remain or ILR is the immigration term that confirms there is no longer any time limit on your ability to stay in the UK.

When you have ILR, and your home is in the UK, the Home Office regards you as settled in the UK.

A person with the status of ILR has the right to live and work in the UK without immigration restrictions. They may also leave and enter the UK without any immigration restrictions imposed on them.

How does one obtain ILR?

One does not automatically receive ILR but has to apply for the status of ILR.

There are various ways to meet the time requirement to qualify to apply for Indefinite Leave to Remain. Some examples are:

• Spending five years on the UK Ancestral route;
• Completing five years as the holder of a UK settlement visa;
• Spending five years on an immigration route such as the Skilled Worker Visa;
• Long residence stays will allow you to apply for ILR if you have been in the UK legally for ten continuous years in visa categories that would not normally lead to ILR.

Are there other requirements to fulfil before I can apply for ILR?

To qualify, most persons applying for ILR applicants must pass a Knowledge of Language and Life in the UK test (KoLL).  

To fulfil this requirement, you have two complete two tests, unless exempt:

• To pass the Life in the UK test; and
• To have an English speaking and listening qualification at the B1 Common European Framework of Reference for Languages (CEFR).

ILR applicants under 18 years or older than 65 do not need to fulfil the KOLL requirement. The Home Office also has the discretion to exempt applicants from this requirement, dependent on special circumstances.

What will my Biometric Residence Permit say if I have ILR?

If you are settled in the UK, your BRP will have one of the following statuses printed on it:

• “Indefinite Leave to Remain”
• “Indefinite Leave to Enter”
• “No time limit”

Will there be any work restrictions when I have ILR?

When you have ILR, you have the right to work in the UK without any immigration restrictions. You can work in the UK in any business, profession or employment, including self-employment.

You are also free to open your own business.

What if I have children while in the UK on ILR?

If you have a child in the UK while you have the status of ILR, they will normally be a British citizen automatically at birth.

Can I lose my ILR?

It is possible to lose your status of ILR if you have been absent from the UK for longer than two years. A person would normally be considered no longer settled in the UK, and the Home Office can revoke your ILR status. However, it is possible to apply as a Returning Resident under certain circumstances, should you have lost your ILR.

You can also lose your ILR status if you commit a serious offence in the UK and get deported. It is also possible to lose your ILR if the Home Office finds out you have obtained the leave by deception.

Please speak to your SA Migration consultant for more advice if you think you have possibly lost your ILR status.

How do I proceed to become a British citizen?

You can normally apply for British citizenship after living in the UK for at least twelve months after getting your ILR. You will, of course, have to fulfil certain criteria.

In some circumstances, persons do not need to meet the twelve-month qualifying period to apply. Please speak to your SA Migration consultant for more advice in this regard.

www.samigration.com

 

Return of health workers to skills list hailed as a first step

Motsoaledi’s move comes after the earlier version inexplicably omitted them despite shortages

Business Day – 11 August 2022

 

Home affairs minister Aaron Motsoaledi has put specialist nurses, doctors and dentists back on the critical skills list, in a revised version published in the Government Gazette.

The previous version, released in February, inexplicably left healthcare workers off the list, despite SA’s shortages. Their exclusion was all the more baffling since Motsoaledi consistently drew attention to the skills deficit in the healthcare sector when he was health minister between 2009 and 2019...

www.samigration.com