Immigration reforms expected to take effect by June 1

IMPACT – MEDIUM

What is the change? The proposed major amendments to South African immigration legislation are anticipated to come into force any time between now and June 1. The changes may be implemented at any time with little or no notice.

What does the change mean? Employers still have time to complete and file applications under existing laws, until the changes take effect.

• Implementation timeframe: Between now and June 1.
• Visas/permits affected: All visa/permit categories.
• Who is affected: Employers and foreign assignees in South Africa.
• Impact on processing times: None at the moment, but delays are anticipated when the changes come into force.
• Next steps: Foreign nationals applying for new or renewal permits can take advantage of the delay in implementation of the new regulations by filing applications as soon as possible.

Background: Immigration changes set forth in the Immigration Amendment Act were further defined in the new draft Immigration Regulations, which were published by the Department of Home Affairs last month for public comment. It was initially envisaged that the changes would come into force and effect by April 1. However, this date was not achieved and the changes are now anticipated anytime up to June 2014.

BAL Analysis: The amendments to the Immigration Act will introduce significant changes in the sphere of South African immigration. Employers should be mindful that the transition period may cause delays in processing.

This alert has been provided by the BAL Global Practice group and our network provider located in South Africa. For additional information, please contact your BAL attorney.

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