Why People Come to South Africa

• To seek better life

• To join family members

• To escape poverty or danger

• To find work to support families back home

What is an Illegal Worker?

• Someone who didn't enter through official ports

• Someone doing different work than what their visa allows

• Someone working without a proper work permit

Rules for Employers

• It's illegal to hire foreigners without work permits

• Employers (not workers) get punished for breaking this law

• Fines range from R7,000 to R50,000 per illegal worker

• Employers can go to jail for up to 12 months

• Home Affairs does surprise workplace inspections

Legal Facts to Know

• Foreign workers still have labor rights even if illegal

• Employers cannot fire workers just because their visa expired

• Spouses of visa holders must get their own work visas

• Accepting a job offer or signing a contract without a visa is not illegal

Types of Work Visas Available

1. General work visa

2. Intra-company transfer visa

3. Critical Skills visa

4. Corporate Workers visa

Special Note for Zimbabwean Workers

• ZEP visas are not being renewed

• 12-month grace period to get proper visas

• Must get valid work permits or leave South Africa

What Happens When Caught

• Department of Home Affairs investigates companies

• Higher fines if employer helped with fake documents or housing

• Punishment depends on if employer knew worker was illegal

Rights of Illegal Workers

• Can still report problems to CCMA

• Can get compensation if mistreated, but not job reinstatement

Recommended Actions

• Visit on tourist visa first to explore job options

• Verify all work permits before hiring

• Get help from immigration consultants

• Don't try to hide illegal workers

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

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Employers wishing to recruit engineers, IT workers and telecommunication staff from abroad will have to show they are investing in domestic workforce training under plans to reduce net migration to the UK.

A government white paper to be published early next week is expected to outline new requirements for specific sectors thought to be too reliant on foreign workers.

These companies would have to show they are investing in training – for example by increasing the number of apprenticeships – to continue employing overseas staff.

The white paper is designed to tackle record levels of overall migration, which soared to more than 900,000 a year under the last government.

Keir Starmer, the prime minister, is under pressure to cut the figures after the success of Nigel Farage’s Reform party in last week’s local elections.

The home secretary, Yvette Cooper, last year commissioned independent advisers to review hiring practices at technology and engineering companies to assess their reliance on skilled worker visas.

The migration advisory committee was asked to find out why the sectors depended on international recruitment and to what extent training, pay and conditions had driven these shortages. The committee was due to reply by 6 May.

Government sources denied reports that migrants would have to learn a higher standard of English under measures in the white paper.

They said there was “no plan” to introduce a tougher foreign language exam, known as a B2, for people coming to the UK for work.

Cooper is expected to move away from the Tories’ policy of focusing restrictions on low-skilled workers such as care and health staff and is instead examining relatively well paid, highly skilled areas.

Net migration, or the number of people coming to the UK minus the number leaving, rose to a record 906,000 in the year to June 2023 before falling to 728,000 in the 12 months to last June.

Rules introduced by former prime minister Rishi Sunak in an attempt to reduce migration levels contributed to the fall.

His Conservative government increased the minimum salary for skilled overseas workers from £26,200 to £38,700 and banned care workers from bringing family to the UK.

People from selected countries will be earmarked for additional restrictions, government sources said.

Data disclosed by the Home Office in March showed that, of asylum seekers who entered on a visa but ended up in government accommodation, the most common home countries were Pakistan, Nigeria and Sri Lanka.

Officials are working with the National Crime Agency to build a database of applicants from countries that are the source of most asylum claims. Nearly 10,000 asylum claimants who arrived in the UK legally on work or study visas were living in taxpayer-funded accommodation, such as hotels, at some point last year.

Experts have questioned whether the government would succeed in building such a database and said it could lead to “arbitrary” outcomes.

Top 5 Things to Know about South African Visa Renewals

When is it a good time to start with the renewal ?
Picture this – it’s Monday and in a quiet moment you decide to go through your foreign employees’ documents.

To your shock you discover that one employee’s visa is due for renewal – at the end of the week.

Suddenly, your Monday is a whole lot bluer! You have no idea how you’re going to do this. You don’t even know if it’s still possible to submit a renewal!

Take a deep breath – this does not have to happen to you.
You can avoid any visa renewal shocks and surprises simply by keeping these 5 facts in mind:

1. Did you know applications must be submitted at least 60 days before the expiry date of the visa

South Africa’ Immigration Act requires visa holders to submit renewals at least 60 days before the expiry date of their visa. Visa holders may also submit renewals earlier but no earlier than 6 months prior to a visa’s expiry date.

Our advice? Don’t wait for the 60 days! Submit as early as possible to allow for unforeseen hiccups.

2. Start the groundwork early
The process of renewing a South African visa is the same as applying for a new visa. For this reason, it is advisable to start preparing for a renewal well in advance.

When it comes to work visas specifically, there are often multiple steps that need to be followed before being able to submit the renewal to the authorities. Given the backlog at Home Affairs due to the COVID-19 pandemic, we recommend starting the preparation process 12 months in advance.

3. The visa holder must meet all the requirements again
To apply for a visa extension, the visa holder must be able to meet the requirements of their visa again. This includes any new requirements or changes to requirements that were made by the Department of Home Affairs since the previous application or renewal.

Applicants who can’t meet the requirements of their visa will most likely not get a visa extension.
That does not mean it’s the end of the road! Unsuccessful renewal applicants can get assessed against all of South Africa’s immigration requirements to see if they perhaps qualify for another visa that lets them work in South Africa.

4. Keep critical documentation up to date
Want to save yourself a lot of headaches? Ensure that documentation with expiry dates are always valid. By keeping documents up to date, you’ll see to it that you’re ready to proceed with renewals as soon as it’s necessary.

Police clearances is one example of documentation with an expiry date. These documents are only valid for 6 months from the date of issuance. The passport expiration date is also an important one to keep in mind. It is impossible to apply for a visa with an expired passport.

5. Extensions must be submitted in South Africa
All extensions must be submitted in South Africa, at a VFS application centre. Visa holders can’t submit extensions outside of South Africa.

Need help with South African visa renewals?
Our corporate team can assist you with all types of South African visa renewals. The team will guide you through the requirements and work with you to submit a complete application.

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

• SA Visa
• Citizenship
Citizenship Options
• South African Citizen by Descent
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Deprivation of Citizenship
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Acquisition of the citizenship or nationality of another country
South African Citizen by Descent:

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

South African Citizen by Naturalisation:
Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalisation, two years after receiving his or her permanent residence at the time of marriage.

A child under 21 who has permanent residence Visa qualifies for naturalization immediately after the Visa is issued.
Automatic loss of Citizenship.
This occurs when a South African citizen:
Obtains citizenship of another country by a voluntary and formal act, other than marriage, or;
Serves in the armed forces of another country, where he or she is also a citizen, while is at war with South Africa.

Deprivation of Citizenship:
A South African citizen by naturalization can be deprived of his citizenship if;
The certificate of naturalisation was obtained fraudulently or false information was supplied.

He or she holds the citizenship of another country and has, at any time, been sentenced to 12 months imprisonment in any country for an offence that also would have been an offence in South Africa.
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