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IMPACT – HIGH
What is the change? The Department of Home Affairs has issued a directive that restricts short-term work authorization (known as the Section 11(2) endorsement to a visitor’s visa) to 180 days per calendar year. Additionally, in-country renewals of short-term work authorization will be limited to one per year, and a “cooling off” period will be applied to prevent applicants from immediately applying for successive 11(2) endorsements from abroad.
What does the change mean? The directive significantly curtails the use of this popular form of work authorization, which allows foreign nationals to conduct short-term assignments in South Africa, often on a repeat basis.
Background: The directive was issued by the Acting Director of the DHA and appears to be aimed at curbing abuse of short-term work authorization by foreign nationals who use it to perform continuous work.
Analysis & Comments: The directive significantly restricts the use of short-term work authorization, and businesses should anticipate that they may need to apply for other types of work permits for those who previously relied on Section 11(2) endorsements. The policy was released with no notice to stakeholders, but had been put into practice previously. A new DHA Minister is expected to take office, following President Cyril Ramaphosa’s re-election, and although Ramaphosa is on a pro-business platform, it is not yet clear whether additional changes will be made to immigration policies.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
IMPACT – MEDIUM
What is the change? A new Critical Skills List of occupations that foreign nationals are eligible to fill is scheduled to be released in April. While it is expected to be more restrictive than the current list, it is hoped that our advocacy efforts on behalf of businesses will be considered before the final list is published.
What does the change mean? Employers should plan for elimination of some roles that are available to foreign nationals, especially broader business categories such as corporate general manager and business analyst. On the other hand, job roles in the oil, gas and marine sectors are expected to be added to the list. Employers should also be aware that an unpublished draft of the list from September 2018 seems to have been circulating, and some South African embassies and consulates may already be tightening their issuance of Critical Skills visas based on it.
Background: The Critical Skills visa is available to foreign nationals with qualifications, skills and experience determined to be critical for the economy. The Department of Home Affairs publishes the Critical Skills List periodically. The current list, which contains about 211 categories, was published in June 2014. One of the benefits of the list for companies is that it does not require labor market testing.
Analysis & Comments: The South African government is seeking to attract foreign investment and expertise while also encouraging companies to hire and train South African workers. Immigration authorities are therefore looking to refine the Critical Skills List to jobs that are truly specialized and critical to the economy and in short supply among the local labor force. We provided input to the government regarding the proposed list in September 2018 and advocated expansion of the Critical Skills List. However, the proposed list has not been finalized, and we hope that the final published list takes into account our comments. If the proposed version becomes final without change, companies that have relied on Critical Skills visas for senior managerial roles should anticipate narrowing of the list and may need to find alternatives, such as the General Work Visa, which involves a lengthier process and labor market certification from the Department of Labor.
What is the news? South Africa’s Department of Labour has issued draft regulations on the employment of foreign nationals under the Employment Services Act.
What does it mean? The regulations clarify the advertising and labor certification criteria for general work visas and corporate visas and specify the obligations that employers must fulfil regarding the transfer of skills from foreign workers to South African citizens.
Key points:
Analysis & Comments: The draft regulations strengthen labor market testing and skills transfer requirements to encourage companies to hire and train local employees. Although the labor certification process is not new, the regulations formalize the requirements and regulate the burden on employers for some steps in the process.
What is the change? President Cyril Ramaphosa has reshuffled his cabinet, including the appointment of Siyabonga Cwele as Home Affairs Minister following the resignation of Malusi Gigaba last month.
What does the change mean? The Department of Home Affairs is already experiencing a major backlog of approximately 16,000 visa applications, and the transition to a new minister and changes in staffing could cause additional delays and unpredictability in processing.
Background: This is the first major reorganization of the cabinet since Ramaphosa took office in February. Since then, DHA has focused on reforming its visa rules to attract tourists, business visitors and foreign investors and to relax burdensome rules on foreign children traveling to and from South Africa. Cwele, the new DHA minister, previously served as Minister of Telecommunications and Postal Services and before that, Minister of State Security.
Analysis & Comments: The change in leadership at the Department of Home Affairs comes at a time when the government is seeking to overhaul the immigration system. Upcoming changes include revisions to the Critical Skills List and expansion of visa waivers for more nationalities. Long-term plans contained in a government white paper issued last year include moving to a points-based immigration system and creation of a new border management agency. The change in ministers is unlikely to affect the overall agenda, but may cause additional processing delays.
What is the change? South Africa’s Department of Home Affairs has published new draft immigration regulations that introduce changes to certain visa categories and relax the documentary rules for traveling minors. Additional changes are expected in March under an amended Immigration Act.
Background: The reforms are intended to ease visa rules to attract foreign direct investment and tourism.
Analysis & Comments: South African employers should anticipate additional changes in the coming months under a new Immigration Act in March, visa waivers for additional nationalities, eased visa rules for visitors from India and China, and the release of the revised critical skills list in April.
What is the change? South Africa and Kenya have implemented an agreement to provide 10-year, multiple-entry visas to business travelers from each other’s countries.
What does the change mean? The change will ease business travel for South African and Kenyan nationals. Previously, business visas issued to South African nationals traveling to Kenya (and vice versa) were capped at one year.
Background: Officials in South Africa and Kenya announced the visa change last month. Travelers should note that while visa validity will be longer, South Africa and Kenya are likely to continue imposing a 30-day cap on individual visits.
Analysis & Comments: The change will facilitate business travel and reduce the inconvenience of having to apply for a visa more frequently.
What is the change? South Africa is introducing sweeping changes to its visa regime, including creating new longer-validity business visas and simplified application processes for business travelers, as well as easing burdensome rules for foreign children traveling to and from South Africa.
What does the change mean? Nationals who are South Africa’s co-members of the BRICS bloc (Brazil, Russia, India, China) and African countries are now eligible for 10-year, multiple-entry business visas. Frequent business travelers from other countries may be eligible for three-year, multiple-entry visas. Applications may now be sent by courier, as biometric data will now be submitted on arrival in South Africa instead of during the application process.
Background: Minister of Home Affairs Malusi Gigaba announced the eased visa rules at a press briefing Tuesday in Pretoria. The changes are intended to make it easier for business travelers, tourists and academics to come to South Africa.
In addition to expanding visa waivers, and relaxing requirements for BRICS and African nationals, regulations will be eased requiring documentary proof for foreign minors traveling to South Africa. Instead of requiring that all foreign minors carry documentation proving parental consent to travel, such documentation will be recommended. Immigration officials will only insist on documentation in high-risk situations and will give travelers who lack the documents an opportunity to prove parental consent. South African children must still provide proof of parental consent to leave the country.
South Africa has been working to expand its visa-waiver program and simplify application processes, focusing on both African and BRICS countries. This has resulted in visa waivers being extended to nationals of both the Russian Federation and Angola in 2017, as well as the new longer-validity visa options.
An e-visa program will be piloted in New Zealand by April 2019 before being rolled out to other locations.
Analysis & Comments: South Africa is currently attempting to pull its economy out of recession. The recent changes to migration processes are connected to an effort to attract both business travelers and tourists through streamlined procedures. The implementation of the changes regarding biometrics is expected to expedite both the visa application process and wait times at border checkpoints.
The upcoming e-visa will further simplify the application process for eligible tourists and business travelers. Authorities are expected to train immigration officers on eased regulations for foreign minors in time for expatriate families to travel during the Christmas and New Year holiday travel season.
As South Africa continues reviewing its visa regime with other African countries, it is likely that travel restrictions with Nigeria, Kenya, and Uganda will be eased. Visa waivers will likely soon be extended to nationals of Algeria, Bahrain, Belarus, Cuba, Egypt, Georgia, Ghana, Iran, Kuwait, Lebanon, Morocco, Oman, Palestine, Qatar, Sao Tome and Principe, Sahrawi-Arab Democratic Republic, Saudi Arabia, Tunisia, and the UAE.
What is the change? South Africa is planning to overhaul its visa regime to encourage tourism, business and investment, according to a press briefing by Minister of Communications Nomvula Mokonyane.
What does the change mean? The overhaul will cover visas for tourist and business visitors, workers with scarce skills, and children.
Background: The South African government has identified visas as an issue that it wants to address. A team of ministers from various agencies is looking into ways to overhaul visa rules to support the tourism sector and foreign direct investment.
Analysis & Comments: The government is focusing on visas as a relatively quick way to reduce barriers to travel and mobility. Meanwhile, a broader overhaul of the country’s immigration system has been outlined in a White Paper published by the Department of Home Affairs last year.
Mkuseli Apleni, director-general of South Africa’s Department of Home Affairs, has submitted his resignation. He is scheduled to leave the department at the end of July.
Background: South Africa has seen a number of recent personnel changes in the higher reaches of the DHA, including President Cyril Ramaphosa’s decision to put Gigaba back atop the department in February. Apleni had worked in DHA since 2009 and was appointed as director-general in 2010. Gigaba credited Apleni with playing a central role in the “comprehensive review of South Africa’s international migration policy,” which led to the publication of the white paper in 2017.
BAL Analysis: While it is not yet clear what direction Gigaba and a new director-general might take at the DHA, Gigaba did release a statement saying the department would continue to work toward implementing the policies that Apleni helped shape. The landscape will become clearer in the coming weeks and months as President Cyril Ramaphosa’s new government, including the DHA, continues to set out priorities related to immigration. BAL produced a backgrounder in March of 2017 on South Africa’s proposed changes. The backgrounder is available here.
This alert has been provided by the BAL Global Practice group and J Fetting Inc. in South Africa. For additional information, please contact africa@bal.com.
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What is the change? Secretary of Home Affairs Malusi Gigaba will submit a proposal to the Cabinet to remove the visa exemption for Israeli nationals.
What does the change mean? The proposal comes after South Africa recalled its ambassador in response to the Israeli military opening fire Monday on Palestinian demonstrators.
Background: Israeli nationals are visa-waived for travel to South Africa for up to 90 days. South Africans, however, must apply for a visa to travel to Israel. South Africa has been reviewing its visa-waiver arrangements and has reimposed visa requirements on countries that do not extend reciprocal visa-waiver treatment to South African citizens.
Current events also triggered the proposal. On Monday, South Africa recalled its ambassador to Israel after more than 50 Palestinian demonstrators were killed and hundreds wounded by the Israeli military. Gigaba also said he would refer to the Cabinet the issue of South Africans holding dual citizenship and serving in the Israeli military “who fight in wars that South Africa regard[s] as unjust.” The demonstrators on Monday were protesting the controversial U.S. relocation of its embassy from Tel Aviv to Jerusalem.
BAL Analysis: The current visa exemption for Israeli nationals remains in place, but the Cabinet review could lead to heightened requirements including the reimposition of visas.
This alert has been provided by the BAL Global Practice group in South Africa. For additional information, please contact africa@bal.com.