Home Affairs to finally reopen refugee offices following two-year closure

21 Apr 2022 - Groundup

 

With the lifting of the national state of disaster, the Department of Home Affairs says it will now reopen in-person services for refugees.

Since 26 March 2020 there has been no way for refugees to apply for asylum.

after closing in-person services due to the Covid pandemic, the Department of Home Affairs has announced it is reopening its Refugee Reception Offices.

Since 26 March 2020, there has been no way for refugees to apply for asylum, and people who already had refugee or asylum-seeker status were unable to renew or replace their permits and papers. The “family joining” process — granting refugee status or a similar secure status to family members accompanying a recognised refugee — had also stopped.

Consequently, refugees have struggled to access basic services, enrol their children in schools, open bank accounts or legalise their presence in the country.

Although Home Affairs granted a blanket extension for all asylum seekers and refugees whose permits expired on or after 15 March 2020, people with these out of date documents battled for their papers to be accepted. They were left vulnerable to uninformed officials, and open to harassment by anti-immigrant groups and vigilantes.

Refugees were told to renew their papers using an online system that went live on 15 April 2021, but many reported insurmountable difficulties with the system. They had until 31 December 2021 to renew. This was later extended till 30 April 2022.

Now, the department says new asylum applications and family joining for children born outside South Africa will be available again from 3 May 2022.

“In view of the termination of the national state of disaster, the department is finalising plans to allow ‘walk-ins’. Once the plan is finalised, the refugee community will be informed through various mechanisms such as public notices and stakeholder engagements on how services can be accessed,” said Home Affairs.

The department also said online services would continue to be provided and requests for appointments should be directed to the relevant refugee reception offices in Pretoria, Cape Town, Durban, Musina and Qheberha.

Sharon Ekambaram of Lawyers for Human Rights expressed concern, asking how Home Affairs will communicate to asylum seekers and refugees.

www.samigration.com

R e c o g n i s ed R e f u g e e ( S e c t i o n 2 4 P e r m i t )

This means that :
A refugee can apply for permanent residence if he or she has been living in South Africa on a refugee status permit for a minimum of five consecutive years.143 For a recognized refugee to receive a permanent residence permit, the standing committee for refugee affairs must have certified that that person will remain a refugee “indefinitely.”

On March 30, 2004, the Standing Committee for Refugee Affairs published a decision intended to circumscribe the conditions under which certification shall be issued, namely: “…Where the appellant is likely to remain a refugee for the foreseeable future and the “foreseeable future” should be one year.”

Once the South African government has awarded you refugee status. The government will issue you with an identity card which shows that you are a refugee. You will be issued with a renewable Refugee Permit which is referred to as a Section 24 Permit.
You will be entitled to apply for a United Nations Travel Document tha tallows you to travel to any country except your country of origin. Should you travel to your country of origin for any reason, the South African government will stop recognising you as a person in need of protection. You will therefore cease to be a refugee. By voluntarily going back to your country of origin, you will be indirectly saying that you are safe there, hence you will no longer deserve protection or refugee status. Refugees have the right to work and enjoy most of the rights in the South African Constitution except the right to vote.

It is possible for refugees to eventually get a South African passport after a long period of time, which will entitle you to travel anywhere in the world including your country of origin should your fear of harm disappear. This will also entitle you to have a South African identity card and to be able to vote.
www.samigration.com

Vetting foreign nationals tedious but necessary

 

The Citizen – 20 April 2022

 

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

 

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the department of home affairs (DHA) and the department of labour are again taking steps to curb the employment of illegal foreign nationals living in the country.

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

Consequently, the DHA has taken action and established an anticorruption unit comprised of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.

Companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.

The Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014 both clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa.

However, there are still companies who employ candidates without doing the necessary checks ensuring they adhere to the regulations put forth in both amended Acts.

This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment – not to mention the bill for repatriating the individual to their home country.

 

As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.

In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration.

 

For small to medium enterprises, one such exercise could possibly cripple their business and force closure. For larger corporates, the full weight of the decision would be cast on the human resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.

It could also lead to the DHA and the labour department conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

 

The question will always be what HR departments can do to protect their company when employing foreign nationals. It is imperative to incorporate updated vetting processes when employing foreign nationals.

 

Fine-combing each job applicant is a tedious, but necessary, task, which forms part of the HR duties and obligations.

Understanding permit and visa types, which categories they belong to and what the accompanying regulations say about employment on that permit or visa, is just as important. While it is a challenge to stay current with legislation, it is not impossible.

There are numerous platforms and resources available to HR departments. Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.

 

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards. For large corporations, this can be a daunting hurdle to overcome.

 

Calling on the experience of an immigration specialist with a sound knowledge of immigration and employment laws, as well as permit and visa requirements, will provide the necessary peace of mind that employees have been vetted accordingly.

 

An immigration provider that is well versed on the specifications and requirements from the governmental stakeholders, will know the best course of action to eliminate any risk to the company. Failing which, make sure they offer specialist legal services, should there arise any legal dispute.

 

How can we help you , please email us to info@samigration.com whatsapp me on:

 +27 82 373 8415, where are you now? check our website : www.samigration.com

 

Please rate us by clinking on this links :

Sa Migration Visas

https://g.page/r/CdZJnrStK3WVEBM/review

Alternatively , please contact us on :

 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

 

 

www.samigration.com

 

 

www.samigration.com

 

REFUGEES AND ASYLUM SEEKERS PERMIT Change To Temporary Residence

Major News and hope : We are one of the few organisations getting Emptions & waivers approved !!!!
Apply Now for Temporary and Permanent Residence even with EXPIRED LOCKDOWN PERMITS
The Constitutional Court in November last year 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 that of a mainstream Visa under The Immigration Act.
The Department has issued a Directive empowering the VFS offices (representing Home Affairs ) elsewhere to take in any application for a change of status and any waiver that may be required from an Asylum Seeker Temporary Visa or Formal Recognition Permit.
Further, it is important to note that not just any holder of an Asylum Seeker Temporary Visa or Formal Recognition of Refugee Status can apply for either a Temporary or Permanent Residence. They would first
have to qualify in the applicable category of a mainstream visa under the Immigration Act,
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
www.samigration.com

Criminal Record – Visa Stuck – Paid an AOG ( Admission of Guilt ) fine – We can remove it . Frequently Asked Questions

There is no doubt that the expungement laws in South Africa can be confusing and convoluted. Our goal at Sami is to provide a one stop resource for South African expungement information.

Here is a list of the most common frequently asked questions about removing a criminal record: • Do I qualify to remove my criminal record? • Is it legal to remove my criminal record? • What is expungement? • Why is an expungement firm essential? • Why is expungement important? • Who is eligible for the standard 10 year expungement? • What if I have multiple convictions? • What can I expect from Sami? • What are the benefits of getting my criminal record expunged? • How many applications are successful? • What if I have already applied? • How long does it take? • Is there a way to speed up the expungement process? • I don't qualify for the standard 10 year expungement, what other options do I have?

• How can we help you , please email us to info@samigration.com whatsapp me on: • +27 82 373 8415, where are you now? check our website : www.samigration.com • • Alternatively , 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 • www.samigration.com