Immigration Inspectorate cracks down on South African employers

Immigration Inspectorate cracks down on South African employers

SA Migration – 17 June 2022

1South Africa’s immigration policy is once again up for review. It has recently emerged that, since 2010, approximately 330 000 foreigners have overstayed their South African visas and remained in the country illegally. This is commonly viewed as the result of government failing to significantly invest in methods aimed at policing illegals residents. This is, however, only the tip of the iceberg and the government is well aware of the need to successfully implement a policy framework to ensure that South Africa’s immigration policies stand alongside those of leading world powers.

On 23 April 2015, the Honourable Minister of Home Affairs, Malusi Gigaba, advised parliament that the Department of Home Affairs is working towards completing a new International Migration White Paper aimed at overhauling South Africa’s entire immigration policy framework.

Investment into immigration worker visas

Of particular relevance to South African businesses is the Minister’s assertion that R118 million is to be invested in increasing the capacity of the Immigration Inspectorate over the course of the next 3 years. The Inspectorate is tasked with the policing of illegal foreigners within South Africa and the increased capacity will allow it to focus on the effective detection and prosecution of companies employing undocumented migrants and foreigners whose visas have expired. The Inspectorate will be looking to increase the frequency of raids on companies suspected of employing illegal foreigners in an attempt to clamp down.

Repercussions of employing illegal foreigners

The Immigration Act imposes substantial fines and terms of imprisonment for companies and employers who are deemed to have knowingly employed illegal foreigners and it is clear that the inspectorate, with the backing of the Department of Home Affairs, has deemed this area to be one which requires more stringent regulation. As a result, it is becoming increasingly necessary for companies to ensure that they are compliant with all aspects of the Immigration Act at all times. A failure to do so, is likely to lead to severe repercussions.

Are you employing illegal foreigners?

Companies currently employing illegal foreigners and wishing to legalise their staff can contact us at overstay appeals for further information and assistance.

 

 

www.samigration.com

 

 


Australia: Immigration Applications Processing Updates

Australia: Immigration Applications Processing Updates

17 June 2022 – Fragomans

Following the reopening of international borders on February 21, 2022 for fully vaccinated visa holders, the Department of Home Affairs continued immigration processing across all visa cases and is currently working through a large backlog of pending visa applications. Fragomen has observed delays in processing across all visa types, including onshore visas requiring the completion of health examinations.

Health examination bookings through Bupa Medical Visa services are currently limited in New South Wales and Victoria, adding to general visa processing delays. Processing delays continue for applications linked to occupations that are not on the Priority Migration Skilled Occupation List (PMSOL).

However, Fragomen has noticed that more recently lodged applications are being processed within standard time frames, including improvements in the time frames for offshore TSS 482 visa applications due to access to health examination appointments.

The Department of Home Affairs continues to prioritize occupations on the PMSOL and in critical sectors and will process applications in accordance with government processing priorities.

www.samigration.com

 

 


Cut visa processing times, Home Affairs told, business complains of shortage of workers

Cut visa processing times, Home Affairs told, business complains of shortage of workers

SMH -  17 June 2022

Federal officials have been told to act on an “extraordinary” backlog in visa applications for thousands of skilled workers at a time when employers claim they will have to shut down if they cannot find a solution to chronic labour shortages.

With experts warning of “gridlock” in the visa system, incoming federal ministers have put the backlog at the top of their agenda in a bid to speed up decisions when the number of skilled foreign workers in Australia has slumped to half the number seen a decade ago.

People are waiting months for their visa applications to be processed.

Official figures show the number of skilled foreign workers leaving Australia exceeded the number coming into the country in April, highlighting the pressure on the labour market when employers say they are waiting too long to have new visas approved.

Immigration Minister Andrew Giles has asked the Department of Home Affairs to act on the problem as a priority given the concerns put to him by the community before he was sworn into office last week.

But the scale of the backlog is difficult to measure because the previous government did not release figures on the number of applications for the 482 visa for skilled foreign workers or most other visa classes, although other measures have hinted at the growing wait for visa decisions.

“The extraordinary delay in the processing of visa applications has been raised by the community and with the former Liberal government for many years,” Giles said in response to questions from The Sydney Morning Herald and The Age.

“Processing outstanding visas applications is a priority for the Australian government. I have raised my concerns with the current state of visa processing with the Department of Home Affairs, and we are committed to ensuring that visa applications are processed in a timely manner.”

Abul Rizvi, a former deputy secretary in the Department of Immigration, said public data showed the number of people on bridging visas had blown out to more than 300,000 individuals over the past decade, a measure of the number of people waiting in Australia for decisions on visa applications across all categories.

Rizvi said anecdotal evidence suggested there was “gridlock” in decisions on visa applications from people outside the country, such as skilled foreign workers.

“It’s just absolutely jammed and complaints are coming from every direction,” he said.

“Migration agents are tearing their hair out. Because of the way Home Affairs deals with issues, you can’t actually speak to a human being to find out what’s happening. Without more resources, it will remain gummed up.”

Rizvi said 8970 skilled foreign workers arrived in Australia in April but 9230 departed, resulting in a net outflow of 260 workers on the 482 visa category at a time when the country is meant to be opening up and filling labour shortages.

Australia had more than 195,000 skilled temporary visa holders in Australia in June 2014 but only 96,000 in March 2022, an outcome Rizvi blamed on changes under the former government that made visa applications more bureaucratic despite public claims about attracting people to Australia after the pandemic.

Prime Minister Anthony Albanese acknowledged the problem in his public remarks in Jakarta on Monday when he said he believed Australia should be “more welcoming” to visa applicants from Indonesia and other countries.

But the problem is more widespread. Officials are yet to confirm the scale of the backlog and the incoming government is yet to determine whether the solution will require a change to the design of the system, the administration of the rules or the resourcing of the department.

Australian Chamber of Commerce and Industry chief Andrew McKellar said employers were reporting significant barriers to finding skilled workers including “excessive” costs for visas and “protracted” processing times.

“Greater resourcing is needed to reduce protracted visa processing wait times. The current delays just aren’t good enough when so many businesses are left without staff and therefore can’t afford to stay open,” he said.

“To make the skilled migration system more accessible and responsible, we need to open employer sponsored migration up to all skilled occupations.”

Australian Industry Group chief Innes Willox said employers could pay up to $25,000 for a 482 visa for a skilled worker, making it an expensive process when they could not find enough local workers. He said the previous 457 visa cost about $10,000.

“That might mean hiring fewer workers and missing out on contracts or losing opportunities to grow,” he said.

ACTU secretary Sally McManus said the priority should be to train local workers.

“Under the previous government the visa system prioritised the needs of employers above all else and facilitated the wide-spread exploitation and abuse of temporary migrant workers including systemic undercutting of minimum wages in many sectors,” she said.

“The visa system should prioritise permanent migration aimed at filling genuine skill gaps, paired with a renewed commitment to skills training and ensuring that where local workers can fill a job or be trained to do so, that is always the first option.”

www.samigration.com

 

 


ANC policy turns away from nationalisation

ANC policy turns away from nationalisation

City Press – 17 June 2022

 

It can no longer be nationalisation at all costs for the ANC, especially if it will cost the country dearly.

This is the opinion of the head of the ANC’s subcommittee on economic transformation, Mmamoloko Kubayi, who is also the minister of human settlements, regarding the party’s policy change from radical economic transformation in 2017 to the rebuilding of the economy this year.

The subcommittee is responsible for drafting the ANC’s economic policy proposals in the run-up to the party’s policy conference at the end of next month.

At the ANC’s national conference in December 2017, the controversial resolutions passed included the nationalisation of the SA Reserve Bank, as well as land expropriation without compensation – both of which ultimately failed.

Kubayi says that, at the time, it was not realised what impact such policy proposals would have on the markets, and that such policy decisions need to be reconsidered in the current economy.

“Take, for example, our decision to nationalise the SA Reserve Bank – as soon as we announced that, private investors reacted [negatively],” Kubayi said in an exclusive interview this week.

“On the land issue and the issue of land expropriation without compensation, we’re going to have to report that we no longer have the majority in Parliament to implement this,” she admitted.

“People were moreover scared, because their frame of reference was the Zimbabwean example – it was never the ANC’s intention to do so.

That’s why food security protection is now such an important aspect of our policy documents.

Kubayi believes there will now be a need to fall back on the rhetoric of various organisations in the run-up to the failed amendment of the Constitution to make land expropriation without compensation explicit.

At the time, several organisations made it clear during parliamentary submissions that land expropriation without compensation could, in some cases, already take place under existing legislation.

According to Kubayi, who has served in the Cabinet in a series of portfolios since 2017, land expropriation can now be managed from her portfolio, but she concedes that the ANC has to take a policy leap on this.

“It can’t be nationalisation at all costs – and at the expense of the country. These are some of the things we’ll have to reflect on at the policy conference,” she said.

The current political climate differs greatly from the one that existed in December 2017.

And for Kubayi, it is becoming increasingly difficult to convince the public that the ANC is still the right vehicle to take the country forward.

“We’re at a point where we want to talk about policy by saying, ‘Here’s our policy framework’ – but people don’t want to hear any more about policy, they just want to know what we’re going to do, when and how.

“It’s not only the Russian war on Ukraine, it’s not only Covid-19 [that is making the economic climate difficult], it’s also the years that the ANC’s been in government.

“That’s why it’s difficult to constantly answer questions about why people should believe us now. [They say]: ‘You were [already] in control back then and some of these changes you’re talking about should have taken place a long time ago.’ It’s a difficult balancing act,” she says.

So how does she do it? Kubayi admits that the ANC cannot distance itself from the years of state capture.

“The first important thing is to acknowledge where the problems were. To be sincere, clear and transparent by saying what went wrong, what we should have done and what we shouldn’t have done,” she says.

As for the new plans, she added: 

We have to start talking about the future, about a meritocracy. Merit must come above all else.

“We have to get the right people to do the right jobs. If we can get the right people – qualified, competent people to run organisations, competent people to run government – then we’ll see the necessary results.

“With our [new] policy, we want to remove rhetoric and slogans, and rather focus on what will really change [people’s lives].”

She believes that the issue of regulating and protecting informal traders is one of the first things that needs to be addressed so that “people can get a foot in the door”.

“It’s critical [that people should be economically active]. People’s dignity is taken away if they can’t take care of their families. Our idea is that, if you’re an informal trader, you should be able to walk into a municipality and get a permit so that you can trade.

“These people shouldn’t be asked for something like three months’ bank statements. At the moment, they’re almost treated as if they were criminals, while they’re an economic entity.

“This is an area filled by mostly black women – who’re at the bottom of the economy – and we believe that if we let them go on doing business, we’ll start to get many more economically active people.”

According to Kubayi, however, it is not good if there are people who are economically active, but they are not provided with the electricity to remain so.

“In the [new] policy, we’ve accepted that in the generation of power, there should be private roleplayers, so there will be such participation – despite arguments [at government level].

But when it comes to transmission, we don’t believe it should be privatised, because we don’t want people to depend on a private person to decide whether or not they can receive power.

Are partnerships with private companies what lie ahead for all state entities?

Kubayi believes these are inevitable for some: “I learnt for the first time this week about an entity in public works that deals with innovation. Given the fact that I didn’t even know about this entity, how relevant is it, really?”

It worries her that there are entities “trying to hide”.

“We spend the fiscus [money] on them – we pay salaries, office rent and all this stuff – but we can’t do that if we don’t know what their impact on the country is.

“There are entities that we have to get rid of, unless we can benefit from them and then we can start commercialising a partnership. That’s how the economy should work.

“I know it’s going to be problematic, but these are talks that need to take place.”

However, she added that there were strategic entities – such as struggling state-owned arms manufacturer Denel – that needed to remain under state control.

www.samigration.com

 

 

 


Immigration mess not foreign to SA

Immigration mess not foreign to SA

By Sowetan – 17 June 2022

 

Often news breaks of the arrest of home affairs officials and foreign nationals running one scam or another meant to bypass immigration laws.

When a police team pounced on a gang of robbers at The Hill, southern Johannesburg, a worrying dimension was added to the story. Police released the nationality of the men arrested in the raid, and it emerged that most of the thugs were foreign nationals.

Mention arrests  these days and  the subtext is “what nationality are they?” It speaks to a crisis those empowered to do something about seem to ignore  – the mess that is immigration in this country.

Often news breaks of the arrest of home affairs officials and foreign nationals running one scam or another meant to bypass immigration laws.

In an interview on Radio 2000 on Tuesday, home affairs minister Dr Aaron Motsoaledi spoke of the arrests of home affairs officials along with Pakistani and Somali nationals in connection with a scheme in which locals were hoodwinked and passports were issued in the name of foreigners. In the end locals lost their citizenship when they were  removed from the national registry for a quick buck. 

Many will recall how Motsoaledi came under fire recently and was labelled xenophobic simply for doing his job. Marches were even held to call for his sacking.

Sadly, the minister appears to be the odd one out, left to handle a problem that is nothing short of a crisis.

www.samigration.com