• The White Paper on Citizenship, Immigration and Refugee Protection
proposes a raft of legislative reforms.
• One is that the period a foreign national resides in the country won`t
be the main considering factor for granting permanent residency.
• The Department of Home Affairs is looking to introduce a points-based
system for foreign nationals to apply for residency.
As part of major policy reforms to overhaul the country`s immigration
system, the number of years a foreign national resides in the country
will no longer be a main determining factor for granting permanent
residency.
Periodic invitations for qualifying foreigners to apply for permanent
residence will be introduced, together with a points-based system.
These are among several reforms as part of the White Paper on
Citizenship, Immigration and Refugee Protection, as approved by Cabinet
in April, as a policy to guide the drafting of new legislation and
implementation of a new immigration and citizenship system.
On Tuesday, Home Affairs Minister Leon Schreiber, his deputy, Njabulo
Nzuza, and department officials presented the reforms to address
challenges in immigration to the Portfolio Committee on Home Affairs.
Mavuso said the policy framework affirmed the use of the critical skills
list to attract international migrants with skills and qualifications
that were in demand.
`The number of years that a foreigner has resided in the country will no
longer be a main determining factor for granting permanent residency.
Periodic invitations for qualifying foreigners to apply for permanent
residence will be introduced, together with the points-based system.
`Introduction of limited-duration permanent residence permits linked to
minimum investment. The policy framework must provide for the
establishment of the Immigration Advisory Board that will advise the
minister on policy and legislative matters. The policy framework and
legislative intervention are required to establish the Immigration
Division, whose members are duly qualified to deal with the granting of
various visas,` Mavuso said.
He said policy framework and legislative intervention were required to
establish Immigration Courts.
On the other hand, the Border Management Authority Act was expected to
be reviewed to align it with Immigration and Citizenship`s new policy
framework.
In July, Schreiber decided to extend the temporary concession for
foreign nationals currently awaiting the outcome of visa, waiver and
appeal applications.
According to Schreiber, the extension safeguards applicants - including
those who are contributing to South Africa`s economy through their
scarce skills - from suffering adverse consequences or being erroneously
declared undesirable while they await the outcome of applications
submitted to the department.
The committee was not happy with that decision - and several MPs raised
concerns about capacity to ensure that undocumented individuals were
deported.
Regarding the protection of refugees, the new legislation must enable
the department to refuse admission of persons for whom there were
reasonable grounds for regarding them as a danger to the security of the
country.
This also includes the introduction of the `First Safe Country`
principle as a precondition for admitting asylum seekers who have
transited through safe countries.
Mavuso said refugees and asylum seekers travel through safe countries,
but still chose to come to South Africa.
`Are we dealing with genuine asylum seekers? Or just economic migrants.
Asylum seekers must show good cause for their unlawful entry or presence
in the country. Refugee reception offices must be located at ports of
entry in line with international practice,` he said.
Furthermore, Mavuso said the department was currently developing a
supplementary policy paper, which would be submitted to the minister for
approval by 31 March 2025.
The supplementary paper will take into consideration the legal opinion
which has since been commissioned by the department.
The MK Party`s Sihle Ngubane said the department`s presentation appeared
good, but the situation in reality was worse.
`Here we go again, we are good on paper, but we are bad at
implementation. The situation on the ground is not the way it is being
presented here. We are used to that now in South Africa. We have porous
borders, people are walking over the border like going from the bathroom
to the dining room,` he said.
The Patriotic Alliance`s Stacey-Lee Gaby Khojane spoke on the issue of
scarce skills.
`Before you bring in foreign skills, you need to go and consult with the
Department of Higher Education. We have students with skills that are
not finding employment. How will someone from the outside be a better
choice than someone on the inside,` she said.
The DA`s Adrian Roos said the legislation would bring synergy between
various legislation regarding immigration and citizenship.