Home affairs extends visas that expired in lockdown

Home affairs minister Aaron Motsoaledi has issued directions extending the validity period of legally issued visas that expired during the Covid-19 lockdown period.

This is to end-June for short-term visas “issued for a period not longer than 90 days, such as a tourist visa”.

The validity of longer-term temporary visas (issued for three months to three years), is until end-July.

“Holders of such visas are permitted to remain in the country under the conditions of their visas until the expiry of their applicable extension. Those wishing to be repatriated to their countries within this period can depart without being declared undesirable persons,” said the ministry.

The extension does not apply to people who entered the country from March 15. In these cases, the normal validity period applies.

Holders of longer-term temporary visas such as a study visa, treaty visa, business visa, medical treatment visa, relative's visa, general work visa, critical skills work visa, retired person’s visa and exchange visa, which expired during the lockdown can apply to renew their visas at www.vfsglobal.com/dha/southafrica before July 31.

Refugee reception centres remain closed. The validity of asylum and refugee permits has been extended until June 30.

www.samigration.com


Asylum/refugee visas Extended to 30 June 2021

If your asylum seeker permit or refugee status has expired, or is due to expire, during lockdown (from 15 March 2020 onwards), it is considered to have been extended up to, and including, 30 June 2021. 

This was officially confirmed by Directions and Amended Directions Gazetted by the Department of Home Affairs. You can read these Directions and Amended Directions

AMENDMENT OF DIRECTIONS ISSUED IN TERMS OF REGULATION 4(8) AND (10) OF THE REGULATIONS MADE UNDER SECTION 27(2) OF THE DISASTER MANAGEMENT ACT, 2002 (ACT NO. 57 OF 2002): MEASURES TO PREVENT AND COMBAT THE SPREAD OF COVID -19 published 26 March 2021 .

The Department of Home Affairs has also indicated that they will begin an online renewal process for asylum seeker and refugee documentation. However, this process does NOT exist at this time. Once we know more about this process and when it will begin, we will share more information on social media and our website. We hope to provide assistance to clients who may experience difficulties or access issues with the upcoming online renewal process.

It is important to note that Home Affairs has confirmed in its Directions that “all the rights, benefits and obligations of asylum seekers and refugees remain the same. The refugee and asylum seeker permits that expired during lockdown will not be subject to any penalties."

Refugee Reception Offices: 

Refugee Reception Offices have not offered any face-to-face services since they closed at the beginning of lockdown. Should Sa Migration  receive any news about the reopening of services at Refugee Reception Offices, we will update this webpage and our Facebook page https://www.facebook.com/visasamigration.

www.samigration.com


Details emerge about how Bushiris escaped

*Self-styled prophet Shepherd’s ‘lover’ helped him and his wife reach the Beit bridge border*

Self-proclaimed Malawian prophet Shepherd Bushiri allegedly fled South Africa through Zimbabwe with the assistance of his 27-year-old “lover”.

This is according to a Limpopo-based former member of Bushiri’s Enlightened Christian Gathering Church, who says the woman – who had borrowed his own car – allowed Bushiri and his wife to use it to travel to the Beitbridge border post in Musina on November 10.

The man told City Press this week that he was exposing these details because he was fed up with the church leader’s shenanigans and deceit, particularly his declaration that he was willing to return and stand trial if his safety was guaranteed.

Bushiri, he added, had been coming up with excuses like demanding that the magistrate in Malawi recuse himself and expecting South African witnesses to travel to Malawi, where he and his wife are currently fighting extradition.

The man requested that he and the woman who borrowed his car for the Bushiris not be named until they had met with the Directorate for Priority Crime Investigation. The woman, he added, wanted assurance that she would be protected before revealing her identity.

The congregant backed up his claims to City Press about Bushiri’s escape with a sworn statement.

Bushiri’s South Africa-based lawyer, Ntsako Baloyi, insisted that he did not know how the couple had left the country, as they had not informed him.  It was initially suspected that they escaped with the assistance of Malawian President Lazarus Chakwera on November 14 – a matter that threatened diplomatic ties between that country and South Africa. Chakwera had been in South Africa to meet President Cyril Ramaphosa around the time the Bushiris disappeared in the face of mounting fraud and money laundering charges involving R102 million.

They had been released on R200 000 bail each by the Pretoria Central Magistrates’ Court soon before their escape. The couple are standing trial in a court in Malawi’s capital city Lilongwe. They are scheduled to appear again tomorrow. The “prophet” is also facing eight counts of rape dating back to 2016, with some of his alleged victims being as young as 16. She later confided to me that she had helped them escape because she’d been having a sexual relationship with Shepherd Bushiri for almost two years.

Hawks spokesperson Colonel Katlego Mogale declined to comment on whether the Hawks were aware of this version of how the Bushiris escaped, saying only that the matter was still under investigation.

*‘LOVER’ USED HER FRIEND’S VEHICLE*

In his affidavit, the former member of Bushiri’s church alleged that he had lent a white car to Bushiri’s alleged lover when the “prophet” called her and asked for assistance on November 9.

“Bushiri asked the woman if she had a car in good condition for a long-distance trip and told her to ask me to lend her one if she didn’t. She happened to be using my car at that time, as her own had mechanical problems,” he said. Bushiri’s wife, he alleged, was driven by another person to the woman’s apartment in Embassy Towers in Sandhurst, Johannesburg, between 11am and noon on November 10 and they then drove to Carlswald in Midrand, which is where Bushiri was.

From there, the couple set off for the Malawi border post at about 2pm, accompanied by another woman. The Bushiris, he said, were wearing baseball caps to disguise themselves.

He alleged the lover was given strict instructions not to tell anyone about this trip, but to misdirect people by calling all her friends and acquaintances and telling them she had accompanied Mary Bushiri to Sun City, and then leave her cellphone at home to avoid taking their calls. He himself, the man said, had been unaware of what had really happened. “She called me at about 1pm [on November 10] and told me about taking Mom [Mary Bushiri] to Sun City,” he said.

In the affidavit, he said: “When she called me, she sounded as if she was in a hurry and when I tried to call her back 30 minutes later, her phone wasn’t answered.” The congregant alleged he was at his home in Limpopo when the Bushiris skipped the country. “She [later] told me that she only realised there were four vehicles as part of the Bushiri entourage, which drove ahead of them to check for roadblocks and police presence on the road when they arrived in Polokwane. They all booked into a lodge in Musina and, at about 1.30am the next morning, they were called into the Bushiris’ room. That was when the couple bid them goodbye. The Bushiris were then fetched by another car and left for Malawi at about 2am, presumably through Beitbridge,” he said.The woman offered the Bushiris R20 000 in cash.

Zimbabwean police spokesperson, chief superintendent Paul Nyathi, said that the country’s police did not have any information about the Bushiris passing through their borders. By mid-morning on November 11, following the Bushiris’ departure, the lover allegedly used the cellphone of her companion to contact the congregant via the Telegram app to ask for directions to his house in Louis Trichardt.

The same day that the prophet came out of prison, he started losing serious weight and when he was admitted to hospital here in South Africa, they told him he had poison in his blood. That was when she told him the whole story. “When she told me that Mary’s phone had been left at her house, I told her to remove it as soon as possible because anyone could trace it. We went together to her house [in Sandton] and only when I saw Mary’s cellphone did I believe her story,” he said. “She phoned Sylvester [one of Bushiri’s members of protocol] to come and take the phone and she handed it to him. I informed her of the seriousness of her actions in helping the Bushiris to escape,” he said. “She later confided to me that she had helped them escape because she’d been having a sexual relationship with Shepherd Bushiri for almost two years. She confirmed it by showing me a double-breasted suit, a yellow tie, a white shirt and blue Boss underwear that Bushiri had left at her place after spending a night there,” he said. City Press has seen pictures of the clothing, taken by the congregant.

Baloyi said that many theories had been postulated about how the Bushiris escaped South Africa, but this was the first time he had heard that they had passed through the Beitbridge border post. “It’s not known to me how they left, as I deal with them on legal issues – not on how they decide to do things. To date, I can tell you that they’ve shared nothing about how they left with me. I suppose they’re not emotionally ready to do so,” he said. He added that the Bushiris had left because their lives were in danger and they feared persecution and an unfair trial.

“Let me share with you: the same day that the prophet came out of prison, he started losing serious weight and when he was admitted to hospital here in South Africa, they told him he had poison in  is blood. The Bushiris have it on record, and evidence from the prison, that they were poisoned,” said Baloyi.


At last! Home Affairs plans to finally make services digital The Department of Home Affairs is introducing digital services to ensure a credible population register, not vulnerable to theft and fraud.

Good news for South Africans, the days of standing on those long queues and spending hours at Home Affairs will soon be a thing of the past!

Home Affairs Minister Dr Aaron Motsoaledi said that his Home Affairs department is working on a number of tech-focused features, with plans to take some services digital.

DIGITAL SERVICES TO CURB IDENTITY THEFT

In a recent written parliamentary Q&A, Motsoaledi said that the department will also introduce a number of changes which are aimed at increased identity security for citizens.

“The department has partnered with the Department of Health to ensure that each child is allocated with a birth certificate on the spot, by registering birth at health facilities.

This will curb identity theft from the onset as an ID number gets allocated and remains with the child for life. The primary purpose is to ensure a credible population register, not vulnerable to theft and fraud,” Motsoaledi said.

With ‘live capture’, Motsoaledi said that the department is able to identify applicants through online verification which has a direct interface with the Home Affairs National Identification System (HANIS) to identify persons through biometrics.

Enhanced security features for Smart ID card and passport

Furthermore, during the collection of smart identity cards, online verification is also performed to ensure that the correct enabling document is handed over to the appropriate clients.

According to Business Tech, Motsoaledi said that the South African Smart ID card and passport also have enhanced security features.

“The department is moving away from paper to a paperless environment. The department is thereby progressively phasing out the manual application process.

“In addition, in terms of the Departments of Home Affairs’ Information Security Policy, a model was built around proactive risk assessment and risk management where all users responsible for registering and capturing births and identity-related applications within the domain of the organization, are assigned with biometric fingerprint authentication, to detect and hold users accountable for fraudulent activities,” he said

Motsoaledi also urged everyone who visits Home Affairs offices to observe social distancing, sanitise their hands regularly and to wear their masks properly, covering their noses and mouths. “Nobody will be allowed into our offices if they are not wearing their masks properly,” Motsoaledi said.

SERVICES AT HOME AFFAIRS

Home Affairs announced the resumption of a number of services under South Africa’s level 1 lockdown at the start of March.

This comes after several services were temporarily suspended due to concerns around COVID-19 transmissions.

The following services are now available:

  • Births registration;
  • Re-issuance of births certificates;
  • Late Registration of Birth (LRB) for learners and pensioners only;
  • Death registration;
  • Applications temporary identity certificate (TIC);
  • Collection of identity cards or documents;
  • Applications and collection of passports for those who are exempted to travel;
  • Applications for identity (Smart ID) cards or documents for matriculants only;
  • Re-issues of Smart ID cards and identity documents;
  • Registration and solemnization of marriages;
  • Amendments and rectifications;
  • Late Registration of Birth (LRB) for all categories;
  • Applications and collections of passports for all categories.

www.samigration.com


US visa pandemic-based entry bans affect European travelers

Pandemic-based US visa and entry bans, originally imposed by former American President Donald Trump, have actually become tougher in some respects under Biden.  In the Schengen Area, UK and Ireland it has become more difficult to receive National Interest Exceptions (NIEs) and thereby avoid the long COVID-19 backlog of visa applications. NIEs for travelers from these countries had previously been granted more easily under the Trump administration at US embassies and consulates.  In many cases to gain entry to the US quickly you now need to come under "critical infrastructure needs", which is restricted to a limited number of industries

 

However, changes in US Department of State (DoS) guidance has made it more difficult for business travelers, including senior executives and managers, to enter the US. Under previous guidance, E1 and E2 visa holders, H1B visa holders and L1 visa holders would be seen to offer substantial economic benefits to the US and visa applications would often be approved.

However, the US Embassy in Rome, Italy recently explained that managers or senior executives traveling to observe operations or hold meetings with clients will no longer qualify for a National Interest Exception.

 

Some countries not included 

While applicants from the Schengen region, the UK and Ireland have been blocked from NIEs, Secretary of State Anthony Blinken did not include Brazil or South Africa in the change of policy, despite these two nations having particularly contagious variants of COVID-19.

The abruptly updated policy also doesn’t include China or Iran – countries that the US considers to be adversaries. The DoS announcement also fails to explain why students traveling from the Schengen region, the UK or Ireland with a valid F1 or M1 student visa do not need to contact an embassy or consulate to seek an individual NIE to travel.

According to new guidance, students granted an F1 or M1 visa will ‘automatically be considered for an NIE to travel to the US’.

Meanwhile, there has been no change to the COVID-19 Labor Market and the different and more-easily-attainable NIE standards for H1B, L1 and J1 visa categories.

By rescinding the substantial economic benefit from the NIE criteria, which applied to travelers from the Schengen area, the UK and Ireland, Blinken now requires US consular officers to be satisfied that a visa applicant will provide ‘vital support to critical infrastructure sectors’ as defined by the Department of Homeland Security.

The DHS’ Cybersecurity and Infrastructure Security Agency (CISA) says: “There are 16 critical infrastructure sectors whose assets, systems, and networks, whether physical or virtual, are considered so vital to the US that their incapacitation or destruction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof.”

“They include chemical, commercial facilities, communications, critical manufacturing, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water/wastewater systems,” the CISA added.

 

NIE rules make no sense

Rescinding NIE for citizens of the Schengen area, the UK and Ireland has been described as ‘making no sense’ on many levels, whether it’s on the grounds of public health, foreign policy, economic policy, rule of law or interdepartmental accountability.

To rescind on the basis of public health is baffling considering that student visa holders can enter unobstructed, while people from Brazil and South Africa – where a contagious variant of the coronavirus is known to exist – can also travel to the US.

From a foreign policy point of view, most countries in the Schengen area, the UK and Ireland are considered allies of the US, whereas nations like China and Iran would be considered enemies, yet their citizens are exempt from the new NIE rules.

From an economic standpoint, questions have been raised on why ‘harm to US industries that utilize talent from around the world’ has been used as a basis to remove NIE for some countries, but not others.

Questions have also been raised over why the US State Department is adjudicating and denying applications when its consular officers only have the authority to determine ‘visa ineligibilities’ and not inadmissibility to enter the US.

The use of funds by the DoS has also been questioned, with reports of appropriated funds being used unlawfully.

The DoS is set to review the existing rules before May 3, 2021, at which point some of these questions may be answered.

www.samigration.com