New quotas to limit hiring of foreigners in South Africa: minister

Businesstech – 23 June 2022

Employment and Labour minister Thulas Nxesi says his department is in the process of finalising two new documents which will tighten employment laws, including limitations on the hiring of foreigners.

Nxesi was responding to complaints by truck drivers this week which led to a major blockage of the N3 highway. One of the key complaints raised by the drivers is that jobs are being taken by both legal and illegal foreign workers.

One of the key ways that government plans to address this is through the proposed National Labour Migration Policy, Nxesi said. He noted that the policy aims to achieve a balance across several areas, including:

• The first is to address South Africans’ expectations regarding access to work opportunities, given worsening unemployment and the perception that foreign nationals are distorting labour market access. The NLMP, together with proposed legislation, will introduce quotas on the total number of documented foreign nationals with work visas that can be employed in major economic sectors such as Agriculture, Hospitality and Tourism, Construction, etc.

• The NLMP will be complemented by small business interventions and enforcement of a list of sectors where foreign nationals cannot be allocated business visas and amendments to the Small Business Act to limit foreign nationals establishing SMMEs and trading in some sectors of the economy.

• The Department of Home Affairs is reviewing current legislation and strengthening the Border Management Authority to secure porous borders and to allow for the orderly movement of people and other nationals through ports of entry only.

• Government plans to ramp up inspections to enforce existing labour and immigration legislation.

Employment Services Amendment Bill

Nxesi said the National Labour Migration Policy goes hand in hand with the proposed Employment Services Amendment Bill, which provide the legal basis to regulate the extent to which employers can employ foreign nationals in their establishments while protecting the rights of migrants.

The proposed amendments to the Employment Services Act aim to limit the extent to which employers can employ the number of foreign nationals in possession of a valid work visa in their employment,” he said.

It will also place several obligations on an employer employing foreign workers, including:

• Only employ foreign nationals entitled to work in terms of the Immigration Act, the Refugees Act, or any other provision;
• Ascertain the foreign national is entitled to work in the Republic in the relevant position;
• Satisfy themselves that there are no South Africans with the requisite skills to fill the vacancy;
• Prepare a skills transfer plan, where appropriate;
• Employ foreign nationals on the same terms as local workers; and
• Retain copies of relevant documentation

www.samigration.com

Home Affairs plans to reinforce transit visas after OR Tambo arrests

EWN – 23 June 2022

The Bangladeshi and Pakistani nationals allegedly arrived on a Qatar Airways flight from Doha earlier this week.

JOHANNESBURG - The Home Affairs Department plans to reinforce transit visas after eight undocumented migrants were arrested at OR Tambo International Airport for attempting to enter South Africa through a fire hydrant.

The Bangladeshi and Pakistani nationals allegedly arrived on a Qatar Airways flight from Doha earlier this week. The group were arrested by police after hiding in a network of tunnels via a fire hydrant at the airport.

In 2015, Home Affairs stopped transit visas for people who were passing through South Africa en route to neighbouring countries. However, Minister Aaron Motsoaledi said this has led to an increase in illegal activities.

"We are deciding in Home Affairs that the transit visa will once more be needed, but I'm sure you saw on social media when they were pulling people out of the fire hydrant. When they move in there is a passage, that passage is for pipes and wires and all that."

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Registration Requirements For Artisans in South Africa

Sa Migration – 21 June 2022

Applying for critical skills work visa in South Africa as an artisan has been a challenge for the longest time. In 2014 when the current amendments to the Immigration Act were gazetted several gaps were identified in the Act which included the absence of a SAQA accredited professional body to register artisans. ECSA was not an option due to their minimum NQF criteria of 5 which was a notch above the rating being given by SAQA for artisans.  There was a time letters issued by the National Artisan Moderation Body, (NAMB), were sufficient and then they were not. There was a time when registration with the South African Institute of Draughting was good enough and then it wasn’t. The latest dispensation saw applications being rejected because Home Affairs required a South African trade test.  This of course is absurd for two reasons; the artisan is already trade tested and secondly a South African trade test requires a minimum experience in South Africa.

This inconsistency was a direct result of the absence of a key legislative instrument, namely the National Register of Artisans.  In terms section 26C of the Skills Development Act 97 of 1998 as amended, the Minister of Higher Education is required to establish a register of artisans.  This register unfortunately could not be implemented as the regulations were not yet in place to establish this register, therefore the NAMB letters were acceptable as they pointed to the absence of the National Register of Artisans.  In the absence of a clear framework on how to recognise foreign artisans in the republic it meant that the Department of Home Affairs was left to its own devices hence the constant changes in approach.

Fortunately, that gap has now been closed and a clear process of registering artisans is now in place.   The National Register of Artisans Regulations was gazetted the 19^th of March 2021 and provides a framework for the registration of all artisans, local and foreign. There 4 categories of artisans, Practising Artisans, Non – Practising, Foreign Practising and Foreign Non-Practising Artisans.  Under regulation 3 it is mandatory for all artisans to register with the Department of Higher Educations National Artisan Development Support Centre (NADSC).  

The registration requirements for foreign National Practising Artisans are the following, a certified passport copy, evidence of legal visa for entrance into the country, certified copy of trade test whether conducted locally or abroad, SAQA evaluation of foreign trade test, proof of address and proof of previous registration for a renewal.

Importantly regulation 6 has some consequences for visa applications by artisans.  6.5 Provides that all foreign national artisans must register with DHET before applying for critical skills work visa or any work visa with DHA. 6.6 goes on to state that foreign national artisans will not be granted critical skills work by DHA if they are not registered with DHET. This means that as of 19^th March 2021 it became impossible for an artisan to get a visa without first registering the NADSC

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

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Whatsapp  Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )

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Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages )
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www.samigration.com

Registration Requirements For Artisans in South Africa

Sa Migration – 21 June 2022

Applying for critical skills work visa in South Africa as an artisan has been a challenge for the longest time. In 2014 when the current amendments to the Immigration Act were gazetted several gaps were identified in the Act which included the absence of a SAQA accredited professional body to register artisans. ECSA was not an option due to their minimum NQF criteria of 5 which was a notch above the rating being given by SAQA for artisans.  There was a time letters issued by the National Artisan Moderation Body, (NAMB), were sufficient and then they were not. There was a time when registration with the South African Institute of Draughting was good enough and then it wasn’t. The latest dispensation saw applications being rejected because Home Affairs required a South African trade test.  This of course is absurd for two reasons; the artisan is already trade tested and secondly a South African trade test requires a minimum experience in South Africa.

This inconsistency was a direct result of the absence of a key legislative instrument, namely the National Register of Artisans.  In terms section 26C of the Skills Development Act 97 of 1998 as amended, the Minister of Higher Education is required to establish a register of artisans.  This register unfortunately could not be implemented as the regulations were not yet in place to establish this register, therefore the NAMB letters were acceptable as they pointed to the absence of the National Register of Artisans.  In the absence of a clear framework on how to recognise foreign artisans in the republic it meant that the Department of Home Affairs was left to its own devices hence the constant changes in approach.

Fortunately, that gap has now been closed and a clear process of registering artisans is now in place.   The National Register of Artisans Regulations was gazetted the 19^th of March 2021 and provides a framework for the registration of all artisans, local and foreign. There 4 categories of artisans, Practising Artisans, Non – Practising, Foreign Practising and Foreign Non-Practising Artisans.  Under regulation 3 it is mandatory for all artisans to register with the Department of Higher Educations National Artisan Development Support Centre (NADSC).  

The registration requirements for foreign National Practising Artisans are the following, a certified passport copy, evidence of legal visa for entrance into the country, certified copy of trade test whether conducted locally or abroad, SAQA evaluation of foreign trade test, proof of address and proof of previous registration for a renewal.

Importantly regulation 6 has some consequences for visa applications by artisans.  6.5 Provides that all foreign national artisans must register with DHET before applying for critical skills work visa or any work visa with DHA. 6.6 goes on to state that foreign national artisans will not be granted critical skills work by DHA if they are not registered with DHET. This means that as of 19^th March 2021 it became impossible for an artisan to get a visa without first registering the NADSC

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

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Alternatively , please contact us on :

Whatsapp  Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490 

Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages )
Tel No sales : +27 (0) 74 0366127 - ( Whatsapp calls only – No Messages )

www.samigration.com

These mobile payment platforms do not need a bank account or credit card

 Business Insider SA – 21 June 2022

• For the population in rural areas who don’t have an address or paperwork to prove it, FICA becomes impossible.
• Those who are ‘unbanked’ now have more options with financial service providers who are targeting them.
• Here are four mobile payment platforms to use without a bank account or credit card.

You may have heard the term “unbanked” in the last few years, referring to the population that do not have their own bank accounts. 

Opening an official bank account comes with the expected paperwork that is the FICA process. But it can be challenging for those who live in rural areas and don’t have official addresses or paperwork to prove it. 

That, among other barriers to entry, has given rise to a range of financial services that don’t require a bank account or credit card to make or receive payments. 

Here are 4 examples of mobile platforms that don’t need a bank account or credit card to use: 

Spot Money

The Spot Money app relaunched in 2021 as South Africa’s first ‘open banking platform’. It is not tied to a bank and offers deals from third parties. South Africans and foreign nationals can open transactional accounts, generate virtual cards instantly, make payments or purchases with those credentials or apply for a physical debit card. 

The account can be topped up through EFT payments, using the Ozow direct bank transfer option, or a linked card. It supports buying airtime, prepaid electricity, paying bills and buying digital vouchers. Users can also send each other cash instantly from their accounts, which could potentially be used to pay a domestic worker or gardener monthly. Once you apply for a contactless debit card, it can be used at physical stores. The virtual and physical cards are issued by Mastercard. 

The key differentiator with the Spot Money account is that is incurs no monthly fees, and all in-app purchases and payments are free. It also supports other apps like Masterpass, Snapscan, Zapper and wiCode. Cashing out and deposits over a R1,000 incur a small percentage.

uKheshe

The uKheshe app offers a wide range of services such as being a digital wallet, the ability to pay or get paid via a QR code instantly, Tap to Pay on Android devices, card issuing (virtual and physical via Mastercard), and sending money across the border.  

A user does not need a smartphone to create a digital wallet and can transact via USSD, otherwise, Whatsapp chat banking and an app is available. It supports payments between people or merchants, cross-border exchange, crypto transfers, paying for prepaid services or bills and insurance payments. Top-ups and cash-out channels include EFT, retail, digital wallets, cash agents, card top-up and wallet-to-wallet.

When the service first launched, it was positioned as a way to ‘pay it forward’, for tipping or to pay car guards when one does not have cash, via a quick QR code scan.

uKheshe has evolved to be a low-cost solution for contactless payments with end-to-end encryption, KYC verification, and value-added services, backed by Mastercard secure payments.

Mukuru

Mukuru is primarily a money transfer service that allows South Africans to send money to 17 countries within Africa, the UK, China, India, Pakistan, and Bangladesh. Other services include applying for a debit card, sending groceries and as an enterprise payment platform.

Users can apply for a Mukuru Card that will allow them to shop online, receive a salary, save money, pay for money transfers, withdraw or top-up cash. Users can also swipe it for free at retailers and can buy airtime or pay for DStv services. Cash can be requested at till points at most supermarkets, Game, Makro, and Builders for anything between R3.70 and R19.99. 

The Mukuru Card be collected at selected Clicks branches Mukuru branches and agents nationwide. Activating it requires a R100 deposit. Unlike the other services mentioned, the card carries a monthly fee of R27, and a once-off activation fee of R46. While swiping at stores, purchasing SA airtime, and receiving EFTs are free, other transactions carry a nominal fee. 

Users from South Africa, Malawi, Zambia, Zimbabwe or Botswana can send groceries and stationery to friends and family in Malawi and Zimbabwe, available for pick-up at selected retailers or remittance partners in those foreign markets. 

Telkom Pay

Telkom Pay.

The Telkom Pay digital wallet is built inside Whatsapp and allows South Africans with a mobile number to easily make transactions without having to interact in person. Users need a South African ID number to verify themselves at sign-up, and don’t need an existing bank account to make use of the wallet. Sign-up can also be completed through USSD or through a QR code. 

The digital wallet allows users to generate a virtual card that can be used for payments, instead of having to use a physical debit or credit card. Accounts can be topped up via EFT, Nedbank ATMs or at Pick and Pay. Money can also be sent and received between any SA mobile number, and the limit for this is capped at R3000 per day. 

It also supports Scan-to-Pay with QR code, and similar to a please call me, users can send a “please pay me” via Whatsapp. The service also supports sending and receiving money between neighbouring countries. Additional services include buying vouchers for gaming, entertainment, education, transport, shopping, or gifting.

www.samigration.com