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IMPACT – MEDIUM
What is the change? South Africa’s diplomatic missions in New Delhi and Mumbai are facing increased workload and staffing shortages that have caused serious processing delays.
What does the change mean? Foreign nationals applying for work permits or visas at South African missions in New Delhi or Mumbai should submit their applications as soon as possible and anticipate delays.
Background: The delays are due to a shortage in staffing and an increase in demand for visas, permits and other services. South African officials in India have reported that they are experiencing roughly double their normal workload. There is no indication at this point of when delays might be alleviated, but the backlogs are serious. More than 800 applications are pending in Mumbai, and officials this month were still busy with visa applications from June.
BAL Analysis: Travelers in need of immigration-related services at South African missions in India should submit applications as soon as possible to avoid unnecessary delays in their travel.
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.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? After a meeting of the Inter-Ministerial Committee on strict visa rules that have caused a decline in travel to the country, the Department of Home Affairs announced policies that will make it easier for visitors to apply for visas. Rules that children carry birth certificates will continue to be enforced, but with some easing of the rules for minors from visa-exempt countries.
What does the change mean? The department promises in the next three months to launch a pilot program to take biometrics at ports of entry for foreign visitors whose home country does not have a South African consular mission and to consider multiple-entry visas that will be valid for up to three years for frequent business travelers. The department will consider longer-range policies in the next year, including expansion of visa centers and consideration of longer-validity visas or visa waivers for China, India and Russia.
Background: Last year, South Africa introduced strict rules on visas and traveling children. Visa applicants were required to appear in person at a South African consulate to give biometrics, making it especially difficult for foreign nationals from countries that do not have a South African mission to obtain visas. The rules on traveling minors required them to carry unabridged birth certificates or permission from their parents or guardians, or a divorce or death decree of parents where necessary.
The onerous rules have cause tourism to nosedive, leading to the meeting of the Inter-Ministerial Committee. Following that meeting, the Department of Home Affairs announced several changes:
Regarding in-person visa application rules, the DHA plans in the next three months to:
In the next year, DHS plans to:
Rules mandating that traveling minors carry unabridged birth certificates will remain in effect for outbound and inbound children, but will be eased for visa-waived children in place of a strong advisory for certain documentation.
BAL Analysis: While the proposed measures may ease short-term business travel as well as travel for children from visa-waived countries, it is important to note that the DHA has not implemented the new measures, and the dates and details of implementation remain vague. Therefore, current rules remain in place.
What is the change? Technical problems resulting from changes to appointment booking procedures at Visa Facilitation Services (VFS) centers have delayed visa applications.
What does the change mean? Those applying for visas at VFS centers in South Africa should prepare for delays and may have to change travel plans.
Background: VFS centers in South Africa are in the midst of a changeover to a new appointment booking system that requires payments in advance. The change has led to technical difficulties over the past two weeks. The South African government has not issued any official information about the difficulties, but the problems have made it impossible to submit applications in some instances.
BAL Analysis: BAL will continue monitoring the technical problems and update clients on any significant developments.
What is the change? South Africa’s Department of Home Affairs has issued new guidelines on its requirement that minors travel with an unabridged birth certificate and other relevant documents.
What does the change mean? The new guidelines provide exemptions to the rule for minors with valid South African visas; minors who entered South Africa before June 1; minors in direct transit at an international airport; and minors traveling with parents from countries such as India, where parents’ particulars are endorsed in the child’s passport. However, because of ongoing confusion over enforcement of the new rule, adults traveling with minors should be prepared to produce an unabridged birth certificate if possible even if an exemption applies.
Background: The requirement that minors travel with unabridged birth certificates and other relevant documents is part of last year’s immigration overhaul and was initially postponed to give parents and government agencies sufficient time to prepare.
The requirement is intended to crack down on child trafficking and other illicit activities, but has been criticized by groups concerned about its impact on tourism and business in South Africa. It took effect June 1, however, days after DHA released guidelines outlining the exemptions described above. There is no set time limit on the exemption for minors who traveled to South Africa before June 1. However, minors who stay long enough in South Africa are required to obtain a visa, which requires an unabridged birth certificate. The length of time a minor can remain in South Africa without a visa depends on nationality.
For the time being, the South African government is relying largely on airlines to enforce the new requirement at the point of departure for South Africa. It is not clear that all parties responsible for enforcing the new requirement understand the rules and exemptions.
BAL Analysis: Due to possible confusion, BAL recommends that those traveling with minors be prepared to produce an unabridged birth certificate and other relevant documents even if an exemption applies. Otherwise, travelers who encounter airline officials or migration agents unfamiliar with the exemptions may face significant travel delays. BAL will continue to monitor the implementation of the new requirement, including any possible changes to the current rules or enforcement trends.
What is the change? South Africa is allowing foreign nationals in all categories of Work Visas and Business Visas to study part-time without having to apply for separate permission to do so.
What does the change mean? The change makes it easier for foreign employees and assignees to pursue part-time college education in South Africa, as long as the university or college is registered under the appropriate government department.
Background: The Department of Home Affairs has announced that effective retrospectively to May 1, it will automatically allow holders of Work Visas and Business Visas to pursue part-time study. The school must be established as a higher education institution under the Higher Education Act or as a college under the Department of Higher Education and Training. Study at other schools is not allowed.
BAL Analysis: Foreign nationals working in South Africa who wish to pursue studies should note that full-time study is not allowed and coursework is only allowed during the period when the Work Visa or Business Visa is valid.
What is the change? South Africa has opened registration for companies who wish to use a new one-stop premium visa service center for faster visa and work permit renewals.
What does the change mean? Companies must apply in writing and undergo a selection process by the Department of Home Affairs based on a points system.
Background: The one-stop center will serve select corporate applicants who have been approved for Corporate Account status. Applications for this status must be made in writing within 10 working days of the Gazette notice of May 12. An advisory committee will select companies by awarding points based on the following criteria:
Companies that wish to apply for Corporate Account status must address all of the selection criteria in their application, which should not exceed two pages and must be signed by the corporate applicant or human resources director. Applications must be submitted via email to the corporate accounts unit indicated in the announcement. The Department of Home Affairs will make the final selection and will advise applicants on the outcome.
BAL Analysis: The one-stop-shop premium service should facilitate visa applications for select companies with high volume of work visa applications.
IMPACT – HIGH
What is the change? South Africa says it plans to implement strict and onerous rules June 1 to require all children traveling to and from South Africa, whether alone or with an adult or parent, to carry unabridged birth certificates and other relevant documentation.
What does the change mean? The Department of Home Affairs is recommending that parents apply for unabridged birth certificates and other required documents for any child planning to travel to or from South Africa.
Background: The rules are intended to prevent child trafficking and other illicit activities targeting children and were part of last year’s immigration overhaul. The implementation of these specific requirements was postponed to give parents and government agencies sufficient time to prepare.
All parents traveling with children must carry unabridged birth certificates reflecting the particulars of themselves and the child. If only one parent is traveling with the child, he or she must also carry written consent from the other parent in the form of an affidavit (signed less than three months before travel) that authorizes travel to and from South Africa with the child. Where applicable, a court order for a legally separated parent or a death certificate of a deceased spouse must be provided. Adults traveling with nonbiological children have these same requirements and must also show copies of the parents’ passports and their contact information. Children traveling alone must carry letters of consent and contact details from both parents as well as letters and identity documents of the persons receiving them in South Africa.
Birth certificates and other documents not originally in English should be translated into English by a legally recognized translator. Affidavits must be no older than three months at the time they are presented to authorities during travel.
BAL Analysis: Despite concerns about the feasibility of such wide-ranging rules, the Department of Home Affairs has stated its intent to implement them June 1. Contact a BAL attorney if you have questions about what documentation is required for children and adults traveling with children in South Africa.
What is the change? The Department of Home Affairs is launching a Premium Visa Application Service in partnership with the Gauteng Growth and Development Agency and Gauteng Investment Centre for qualifying corporate companies and businesses.
What does the change mean? Companies and businesses that are selected, based on a qualifying points system, will be given “Corporate Account” status, which will then allow them to benefit from streamlined visa service.
Background: The one-stop premium service center will only serve select corporate applicants who have been approved for Corporate Account status. Applications for this status must be made in writing within 10 days of the Gazette notice. An advisory committee will select companies by awarding points based on the following criteria:
BAL Analysis: Companies that want to apply for Corporate Account status must address all of the selection criteria in their application, which should not exceed two pages and must be signed by the corporate applicant or human resources director. The Department of Home Affairs will make the final selection and will advise applicants of the outcome.
What is the change? South Africa has amended an earlier order on foreign nationals seeking to extend intra-company transfers. Foreign nationals holding ICT Work Permits issued prior to May 26 will be allowed to apply in-country for a new ICT Work Visa in certain circumstances.
What does the change mean? ICT permit holders do not have to leave South Africa to obtain a new ICT Work Visa to continue their assignment as long as the cumulative duration does not exceed four years from the date the initial ICT Work Permit was issued. For assignments totaling more than four cumulative years, foreign nationals must leave South Africa and apply for a new ICT Work Visa from their home country.
Background: The Immigration Regulations passed on May 26 established that ICT Work Visas would be issued for four years and could not be renewed. However, the regulations were silent about foreign nationals holding ICT Work Permits issued before May 26 under the old regulations.
In October, the Department of Home Affairs issued a directive that allowed those foreign nationals to obtain a new ICT Work Visa valid for up to four years, but they were required to fly to their home country and apply at a consular post.
This month, the Department further clarified its policy in a new directive that allows holders of ICT Work Permits issued before May 26 to apply in-country for ICT Work Visas valid for up to two years to continue their international assignment. This in-country processing applies to foreign nationals whose assignment is extended such that the total period from the date of issuance of the initial ICT work permit to the end of the assignment does not exceed four years.
Foreign nationals who have completed four years of an international assignment and require an extension of their time can apply for a new ICT Work Visa for up to four years, but must return to their home country to submit the application from abroad .
BAL Analysis: The new directive is a very positive change that further eases the conditions for foreign nationals holding ICT Work Permits issued before May 26.
What is the change? South Africa has eased certain documentary criteria to support a Critical Skills Work Visa application.
What does the change mean? If applicants have proof they have applied for registration with a South African Qualifications Authority accredited professional body, board or council, they do not need to submit additional written confirmation of their appropriate skills and/or qualifications and appropriate post-qualification experience.
Background: Under South Africa’s recently amended immigration laws, applicants for the new Critical Skills Work Visa are legally required to submit, among other things, proof of registration application with a professional body recognized by the South African Qualifications Authority or a relevant government department, as well as written confirmation of the applicant’s skills and/or qualifications and appropriate post-qualification experience. In addition, they must provide proof of the foreign national’s qualifications evaluated by SAQA.
The directive clarifies that if an applicant has proof of an application for registration with a relevant SAQA accredited professional body, board or council, the applicant is not required to also obtain additional written confirmation of his or her appropriate skills and/or qualifications and appropriate post-qualification experience in relation to the critical skills category.
BAL Analysis: The directive is helpful in eliminating an onerous requirement that certain professional bodies, boards and councils do not wish to issue.