Home Affairs Minister Aaron Motsoaledi is reviewing some of the permits which were granted irregularly over the years.

 The Department of Home Affairs says the minister will leave no stone unturned in uncovering the "dubious" visas, permits and special citizenships that were irregularly granted.  *

The department says Motsoaledi will "unpack the full details of his ntervention" in the coming days.

The Department of Home Affairs says it will leave no stone unturned in uncovering "dubious" visas and permits, such as permanent residence and special citizenships, which were granted irregularly.

Home Affairs Minister Aaron Motsoaledi had resolved to review some of those permits that were issued over the years, especially permanent residence visas, the department said.  It added the decision was informed by a trend emerging from the outcome of numerous investigations it had undertaken over the past two years, especially those involving prominent people.

The announcement came after Motsoaledi's interview with SAfm's Bongi Gwala in which he said Enlightened Christian Gathering leader Shepherd Bushiri and his wife, Mary, were in South Africa illegally. He added the couple had entered South Africa for the first time on 6 September 2009 at the Beitbridge border post and were issued with visitors' visas. "We don't stop people from visiting our country. Visitors' visas have a time frame - you can stay for 90 days or 30 days … because you're a visitor," Motsoaledi said at the time. However, while Bushiri was in South Africa in 2014, 2015 and 2016, he registered companies with the Companies and Intellectual Property Commission, emerged.

Motsoaledi said this was not allowed in terms of the conditions of the visitor's visa. He said in 2012, Mary had entered the country through the OR Tambo International Airport, where she produced an alleged fraudulent permanent resident's permit, which was issued on 1 February 1997.  "Now, if you came to South Africa for the first time on 6 September 2009, how can you already have a permanent residency dating 1997?" However, the North Gauteng High Court in Pretoria suspended the department's permanent residence notice against Bushiri and his wife until they pleaded in their criminal trial, City Press reported. The couple has since fled South Africa.

On Wednesday, the department said: "In the coming days, the minister will unpack the full details of his intervention which he decided on late last year. "The department will leave no stone unturned in uncovering dubious visas and permits, such as permanent residence and special citizenships, which were granted irregularly."

Meanwhile, Motsoaledi welcomed acting Public Protector Kholeka Gcaleka's report on the implementation of the Citizenship Act. "As such, the minister has instructed the director-general of the department to start preparing the action plan which should be submitted to the Public Protector indicating the timelines of implementing the recommendations of the Public Protector," the department said. "Likewise, the minister will submit his own action plan as directed by the Public Protector." On Monday, the Public Protector's office ordered the director-general of home affairs to take action against officials involved in the naturalisation of Ajay Gupta and his family for their failure to exercise due diligence by verifying the accuracy of the information contained in the motivation for early naturalisation. Gcaleka had investigated an alleged violation of the Executives Members' Ethics Code and SA Citizenship Act by former home affairs minister Malusi Gigaba.News24 previously reported that in 2018, it emerged Gigaba had approved the early naturalisation of Ajay Gupta's family despite him refusing to let go of his Indian citizenship.  Gigaba had on a number of occasions publicly stated Atul Gupta was not a South African citizen. He then corrected himself and said Atul was a citizen, and it was Ajay Gupta who had not been naturalised. Gcaleka's reported stated Gigaba had exercised his discretion and did not abuse his power in the process. She, however, found him in breach of the Executive Members' Ethics Code with regards to him failing to table the names in Parliament of persons who were granted South African citizenship under exceptional circumstances.

www.samigration.com

 

Home Affairs Minister Aaron Motsoaledi is reviewing some of the permits which were granted irregularly over the year.

The Department of Home Affairs says the minister will leave no stone unturned in uncovering the "dubious" visas, permits and special citizenships that were irregularly granted.  *

The department says Motsoaledi will "unpack the full details of his ntervention" in the coming days.

The Department of Home Affairs says it will leave no stone unturned in uncovering "dubious" visas and permits, such as permanent residence and special citizenships, which were granted irregularly.

Home Affairs Minister Aaron Motsoaledi had resolved to review some of those permits that were issued over the years, especially permanent residence visas, the department said.  It added the decision was informed by a trend emerging from the outcome of numerous investigations it had undertaken over the past two years, especially those involving prominent people.

The announcement came after Motsoaledi's interview with SAfm's Bongi Gwala in which he said Enlightened Christian Gathering leader Shepherd Bushiri and his wife, Mary, were in South Africa illegally. He added the couple had entered South Africa for the first time on 6 September 2009 at the Beitbridge border post and were issued with visitors' visas. "We don't stop people from visiting our country. Visitors' visas have a time frame - you can stay for 90 days or 30 days … because you're a visitor," Motsoaledi said at the time. However, while Bushiri was in South Africa in 2014, 2015 and 2016, he registered companies with the Companies and Intellectual Property Commission, emerged.

Motsoaledi said this was not allowed in terms of the conditions of the visitor's visa. He said in 2012, Mary had entered the country through the OR Tambo International Airport, where she produced an alleged fraudulent permanent resident's permit, which was issued on 1 February 1997.  "Now, if you came to South Africa for the first time on 6 September 2009, how can you already have a permanent residency dating 1997?" However, the North Gauteng High Court in Pretoria suspended the department's permanent residence notice against Bushiri and his wife until they pleaded in their criminal trial, City Press reported. The couple has since fled South Africa.

On Wednesday, the department said: "In the coming days, the minister will unpack the full details of his intervention which he decided on late last year. "The department will leave no stone unturned in uncovering dubious visas and permits, such as permanent residence and special citizenships, which were granted irregularly."

Meanwhile, Motsoaledi welcomed acting Public Protector Kholeka Gcaleka's report on the implementation of the Citizenship Act. "As such, the minister has instructed the director-general of the department to start preparing the action plan which should be submitted to the Public Protector indicating the timelines of implementing the recommendations of the Public Protector," the department said. "Likewise, the minister will submit his own action plan as directed by the Public Protector." On Monday, the Public Protector's office ordered the director-general of home affairs to take action against officials involved in the naturalisation of Ajay Gupta and his family for their failure to exercise due diligence by verifying the accuracy of the information contained in the motivation for early naturalisation. Gcaleka had investigated an alleged violation of the Executives Members' Ethics Code and SA Citizenship Act by former home affairs minister Malusi Gigaba.News24 previously reported that in 2018, it emerged Gigaba had approved the early naturalisation of Ajay Gupta's family despite him refusing to let go of his Indian citizenship.  Gigaba had on a number of occasions publicly stated Atul Gupta was not a South African citizen. He then corrected himself and said Atul was a citizen, and it was Ajay Gupta who had not been naturalised. Gcaleka's reported stated Gigaba had exercised his discretion and did not abuse his power in the process. She, however, found him in breach of the Executive Members' Ethics Code with regards to him failing to table the names in Parliament of persons who were granted South African citizenship under exceptional circumstances.

www.samigration.com

• Ireland has suspended visa-free travel from South Africa, amid concern about its more contagious Covid variant.
• Visitors with valid visas still face two weeks in a state-run “quarantine hotel”.

* This article will be updated with information relating to travel bans as and when countries announce restrictions.

Several countries have imposed travel bans on South Africa after a new, more contagious Covid-19 mutation was confirmed in mid-December.

These countries have already closed their borders to South African travellers in response to the new variant.

Ireland (updated 26 January 2021)

After discovering six new cases of the more infectious Coivd-19 variant, 501Y.V2, within its borders, Ireland tightened its travel restrictions on South Africans.

Part of the new restrictions is the suspension of visa-free travel from South Africa and Brazil. Historically, South African visitors have been afforded 90-day travel allowances within the Republic of Ireland without needing a visa. Travel to Northern Ireland has, however, required a valid UK visa.

These visa-free visits have been suspended and while South Africans can still travel to Ireland with immigration permission granted for work or study, arriving passengers will be subjected to strict testing and quarantine protocols.

South African travellers will be required to supply a negative Covid-19 PCR test result within 72 hours of their departure. Even with this proof, visitors will be forced to stay locked in a “designated quarantine facility” for two weeks.

Anyone arriving in Ireland without a negative Covid-19 test result could face a €2,500 (R45,844) fine and/or up to six months imprisonment.

Brazil

Brazil announced its decision to ban all international flights which have originated from, or passed through, the UK, Ireland, and South Africa on Tuesday 26 January 2021.

Dubai (and UAE flight cancellations)

Dubai’s General Directorate of Residency and Foreigners Affairs (GDRFA) announced that anybody who has travelled from or through South Africa in the past ten days would be denied entry. These updated travel restrictions, announced on 20 January 2021, only allow for valid Dubai residence visa holders to return. Returning residents will, however, need to apply for travel permission with the GDFRA.

Additionally, Dubai’s flag carrier, Emirates Airlines, has suspended all flights between the UAE and South Africa until 28 January. Etihad Airways, too, has cancelled flights until the end of March 2021.

Vietnam

On 5 January, Vietnam's health and transport ministries announced an immediate suspension of flights from both South African and the UK.

"The risk for the disease to penetrate and spread in Vietnam is very high, especially from people entering from infected countries," the health ministry said in a statement.

Denmark

On 5 January 2021, Denmark's justice ministry announced that "foreigners residing in South Africa will be refused entry" as part of a travel ban expected to last until at least 17 January. Exceptions include travel for child care purposes and family visits for people who are sick or dying. Access under these circumstances will still be subject to a negative Covid-19 PCR test.

United Kingdom (extended until 15 February 2021)

The UK has extended its South African travel ban. The ban, first implemented on 24 December, will now last until at least 15 February 2021. As a result, British Airways has cancelled all additional flights from Johannesburg to Heathrow. The suspension of British Airways’ flight bookings from Cape Town has been extended to 1 March.

The Netherlands (updated Thursday 21 January 2021)

KLM Royal Dutch Airlines suspended flights from South Africa, following a set of stringent new travel restrictions introduced by the Dutch Foreign Ministry, which come into effect on 23 January 2021.

While the Netherlands’ borders have not been entirely shut to all countries, visitors will need present two negative Covid-19 test results – a PCR certificate obtained within 72 hours and a rapid antigen result obtained within four hours – before being allowed to board. Travellers will also need to enter quarantine for at least five days, even with both negative test results. 

Israel

On Sunday 20 December, Israeli Prime Minister Benjamin Netanyahu confirmed that all commercial flights from Britain, Denmark and South Africa had been suspended. Any travellers returning to Israel, who had spent any period of time in either Britain, Denmark or South Africa in the past 30-days, will be subject to a mandatory quarantine period.

Turkey

Turkey’s Health Minister Fahrettin Koca announced a temporary ban on all flights from Britain, the Netherlands, Denmark, and South Africa, citing dangers of the new Covid-19 variant. “It has been reported that the rate of transmission has increased with the mutation of the coronavirus,” said Koca.

Germany

Germany’s Federal Minister for Health Jens Spahn confirmed that flights from the UK and South Africa would be suspended from Monday 21 December. “Because of the reported coronavirus mutation, the federal government intends to restrict travel options between Germany and Great Britain and South Africa,” added government spokeswoman Martina Fietz. The temporary suspension will be reviewed on 31 December 2020.

Lufthansa confirmed that only flights from Frankfurt and Munich to South Africa will continue to operate. Flights from South Africa to Germany will reopen between 1 January and 6 January 2021 but will only be offered to passengers with German citizenship or proof of permanent residence. 

Saudi Arabia

Saudi Arabia’s Ministry of Health has confirmed the suspension of all international flights. Passengers in transit on Monday 21 December will, however, be allowed to complete their travel plans. The suspension will last until the end of 2020 and may be extended if cases continue to rise in high-risk countries.

Switzerland (revised 24 December)

Switzerland’s Federal Office of Civil Aviation “suspended all air traffic connections” with South Africa and the UK on Sunday 20 December 2020. “Switzerland is reacting to the appearance of a new variant of the coronavirus, which, according to initial findings, is significantly more contagious than the known form,” the authority said in a statement.

This decision was revised, allowing for limited flight operations from Thursday 24 December to "allow persons resident in the UK and South Africa to return home for Christmas". The Swiss Federal Office of Public Health confirmed that departures would be closely monitored and that persons leaving Switzerland will be kept separate from others using the airport.

Additionally, return flights into Switzerland, from the UK and South Africa, will only be offered to Swiss citizens or holders of a Swiss residence permit or type D visa from Switzerland. These flights will need to be preapproved by the Swiss Federal Office of Civil Aviation and citizens looking to return home have been urged to contact their preferred airline directly. 

Mauritius

On Monday afternoon, Mauritius confirmed that any person who had resided or travelled through the UK or South Africa in the last 15 days would be banned from entering the island nation.

Panama

The Central American nation announced that travellers from the UK and South Africa would be barred entry, effective from 23:59 on Monday 21 December.

These countries have banned travel from the UK, which makes bans on SA likely to follow

The UK has been hit with a swell of flight suspensions across the European Union and the world. Bans impacting South Africa, as a result of the 501.v2 variant’s presence, are likely to follow.

• France
• Norway
• Belgium
• Lithuania
• Latvia
• Estonia
• Italy
• India
• Austria
• Hong Kong
• Canada
• El Salvador
• Colombia
• Morocco
• Chile (effective Tuesday)
• Finland
• Argentina

www.samigration.com

 

 

The UK remains the preferred destination for South Africans looking for great employment opportunities, a high standard of education and a good quality of life. Choosing the right visa can make the process of applying much simpler and can lead to a more successful application. These are your top UK visa options as a South African.

Applying for a UK ancestral visa

A UK Ancestry visa is one of the most sought-after UK visas because it allows you to live and work in the UK for five years, after which you can apply to remain in the UK permanently. Many South Africans who have a family link to the UK are unaware that they could be eligible for this visa.

To qualify, you must meet all of the following criteria:

• One of your grandparents was born in the UK
• You are a Commonwealth citizen
• You intend to work in the UK

You also need to be over 17 years old and have enough money to support yourself and any dependants joining you in the UK.

Benefits for partners and dependants of an UK ancestral visa holder

Your partner or family members can be included on your Ancestry visa application. This will allow them to move with you to the UK as soon as your visa application is approved. They will enjoy the same rights as the main visa holder – i.e. they too will be able to live and work in the UK for the duration of the Ancestry visa.

Should your dependants decide to join you at a later stage, they will still be able to apply for ILR when you do, even though they have lived in the UK for a shorter time.

A family link to the UK could also make you eligible for British citizenship

If your grandparent or even great-grandparent was born in the UK, you may qualify for UK citizenship. A British Citizenship Assessment can help you discover any possible routes to citizenship that you may be unaware of. The assessment is quick and free, and you’ll receive an instant response on the likelihood of qualifying for citizenship, with guidance on what to do next.

Applying for a UK work visa

Under the new immigration system, the Tier 2 (General) visa category has been replaced by the Skilled Worker route. This visa allows you to live and work in the UK for up to five years.

To apply, you need to have a job offer from and be sponsored by a UK-based employer.

The Skilled Worker visa is points-based, which means you’re awarded points for meeting certain requirements. You must obtain a total of 70 points to be eligible. If you’ve got a job offer for a role that meets the minimum skill level, you only need to have 50 points. In this case, you must be able to show evidence of your English language ability.

You will be allowed to trade characteristics, such as your qualifications, against a lower salary to get the required number of points. If the job offer is less than the minimum salary requirement, but no less than £20,480. You can still apply for a work visa if you have:

• A job offer in a specific shortage occupation
• A PhD relevant to the job
• A PhD in a STEM subject relevant to the job

Points are awarded for the following:

Characteristics	Type*	Points
Job offer by approved sponsor	Mandatory	20
Job at appropriate skill level	Mandatory	20
Speaks English at required level	Mandatory	10
Salary of GBP 20,480 (minimum) – GBP 23,039 or at least 80% of the going rate for the profession (whichever is higher)	Tradeable	0
Salary of GBP 23,040 – GBP 25,599 or at least 90% of the going rate for the profession (whichever is higher)	Tradeable	10
Salary of GBP 25,600 or above or at least the going rate for the profession (whichever is higher)	Tradeable	20
Job in shortage occupation as designated by the Migration Advisory Committee	Tradeable	20
Qualification: PhD in a subject relevant to the job	Tradeable	10
Qualification: PhD in a STEM subject relevant to the job	Tradeable	20

*You must meet all mandatory characteristics to qualify whereas other characteristics are tradeable to reach the 70-point threshold.

Intra-company transfers

The Intra-company Transfer route falls under the Skilled Worker visa. This route lets you transfer to your employer’s UK-based branch. To apply, you need to have been employed at the overseas branch for at least 12 months. This visa does not lead to settlement and British citizenship.

Get a UK spouse visa and move to the UK with your partner

You can apply for a UK spouse visa or partner visa if you’re in a relationship with a British citizen or someone with indefinite leave to remain (ILR) or settled status.

You and your partner must be over 18 and either in a civil partnership or marriage that’s recognised in the UK, in a relationship and living together for at least two years or planning to get married or become civil partners within six months of arriving in the UK.

Partner visas are valid for two and a half years, after which you can extend your visa for a further two and a half years.

Qualifying for British citizenship on an Ancestry visa, spouse visa or Skilled Worker visa

The good news is that the Ancestry visa, spouse visa and Skilled Work visa all lead to ILR and British citizenship. This is how you can obtain both statuses.

Step 1: Get indefinite leave to remain

ILR (also known as permanent residency) is the status you need before you can apply for citizenship. ILR allows you to stay in the UK indefinitely and leave and re-enter the country as often as you wish.

You’ll be eligible for ILR once you’ve stayed in the UK on a work, Ancestry or spouse visa for five continuous years. Since the spouse visa is only valid for two and a half years, you’ll need to extend your visa for a further two and a half years before you can apply.

Other requirements for ILR include:

• Passing the “Life in the UK Test”
• Meeting the English language requirements
• Be of good character

Step 2: Apply for British citizenship

Once you’ve held ILR status for 12 months, you can apply for British citizenship and get your British passport. You also need to meet the following requirements:

• Have lived in the UK for five years without spending more than 450 days outside the country before you apply (90 days per year)
• Be “of good character”, which means not behaving in ways that are criminal, deceiving or dishonest, and not breaching any immigration laws

If you’re married/in a partnership with a British citizen, you do not need to wait 12 months after ILR to apply for citizenship. You can apply immediately.

Make sure you know all your visa options

There are other visa categories that we can assist with, such as student visas, business and investor visas and EEA family permits for family members of EU nationals. It’s important to get advice from an experienced immigration consultant who can help you find the best route that meets your long-term goals.

We’ve been helping South Africans move to the UK for over 20 years. If you would like to apply for a UK visa or want to know more about your options, send our immigration team an email and we’ll help you out.

www.samigration.com

 

Cape Town – A Western Cape High Court judgment will come as a relief to many asylum seekers who have been unable to renew their visas for valid reasons.

A ruling handed down by Judge Elizabeth Baartman on Monday will give them an opportunity to do so without the fear of being treated as an illegal foreigner and returned home, law firm Norton Rose Fulbright Inc said in a statement on Tuesday.

Home Affairs has been interdicted from implementing certain provisions of the Refugees Act and new regulations (both implemented on 1 January 2020), which sought to return asylum seekers back to their home country, where they could face detention without trial, rape, torture or death, simply for being a month late in renewing a visa.

The Scalabrini Centre of Cape Town, represented on a pro bono basis by Norton Rose Fulbright and advocates David Simonsz and Nomonde Nyembe, sought to prevent the short- and long-term operation of the abandonment provisions, as the provisions infringed on asylum seekers’ rights to life, freedom and security of person, dignity and equality; and prevented South Africa from fulfilling its international law obligations towards refugees, including the international law principle of non-refoulement. The suspended provisions are commonly referred to as the ’’abandonment provisions’’.

The suspension will operate until the constitutional attack against the impugned provisions has been adjudicated on by the Western Cape High Court and, to the extent necessary, confirmed by the Constitutional Court.

’’The abandonment provisions meant that in the event that an asylum seeker fails to renew their asylum visa timeously, their applications for asylum are deemed abandoned. Arrest and deportation would follow for individuals with valid and undecided claims for asylum. Only where an asylum seeker has a compelling reason (and proof thereof) for delaying to renew a permit following a lapse (such as hospitalisation or imprisonment), can the Department of Home Affairs pardon the late renewal.

’’This is deeply problematic as it means that refugees can be returned to face persecution, without ever having the substantive merits of their asylum application determined.

’’It also leaves asylum seekers vulnerable in South Africa as essentially undocumented foreigners who will struggle to access health care, employment and education while they await the decision of whether their reason for late renewal meets the Department of Home Affairs high threshold,’’ Norton Rose Fulbright Inc said in a statement.

’’The reality for asylum seekers is that they are frequently required to renew their asylum visas. In the renewal process, they experience extraordinary delays caused by the administrative failures of the Department of Home Affairs.

’’These are often exacerbated by socio-economic factors such as not having the means to travel to far away Refugee Reception Offices as frequently as is required, waiting in long queues at the Refugee Reception Offices, facing corruption from officials who refuse to renew visas without bribes, or the general inefficiency of the Refugee Reception Offices that are overworked but understaffed. In light of these realities, many asylum seekers fail to renew their visas for valid reasons.

’’Judge Baartman delivered a powerful judgment, emphasising that the case does not involve imaginary victims – the suspended abandonment provisions affect real asylum seekers who could face serious human rights violations should the provisions continue to operate. She criticised the department’s conduct in the case, which was characterised as regrettable and unhelpful.

’’This includes many asylum seekers who may have been prevented from renewing their asylum documents prior to the pausing of services at Refugee Reception Offices during the national lockdown – a pause which is set to remain in effect until at least 31 January, 2021.

’’Scalabrini Centre, represented by Norton Rose Fulbright, firmly believes the abandonment provisions are unconstitutional and persists in a challenge to this effect.’’

www.samigration.com