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IMPACT – MEDIUM
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.
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.
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.
Key points:
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.
Copyright © 2018 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? 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.
What is the change? The Department of Home Affairs has carried out immigration raids on businesses in Cape Town in search of employers who are violating immigration laws.
What does the change mean? Twenty-five foreign workers were arrested and a manager at a restaurant that was raided will be charged with violating the Immigration Act for employing foreign workers illegally.
Background: The Department of Home Affairs confirmed that the raids took place in Cape Town on May 9 in response to complaints they received from members of the public regarding suspected illegal working. The department also said it expects to arrest more people as the investigations continue.
BAL Analysis: South African employers are reminded that immigration and labor authorities may conduct random, unannounced visits to worksites at any time and that employing foreign workers who are not work authorized is an offense.
This alert has been provided by the BAL Global Practice group. For additional information, please contact africa@bal.com.
What is the change? Zimbabwe has launched an e-visa program for nationals of more than 50 countries.
What does the change mean? The program will allow eligible travelers to apply online for single- or double-entry visas that are valid for three months from the date of issuance. The visas may be used for business or tourism.
Background: The e-visa program will benefit nationals of countries that are not eligible for visa-free travel to Zimbabwe or for visas on arrival. The e-visa countries are:
E-Visa Countries
*Not available for Chinese nationals traveling as part of tour groups.
BAL Analysis: The e-visa program will ease travel procedures for more than 50 countries’ nationals traveling to Zimbabwe. Travelers should note, however, that while the visas will be available for tourism or business, employment activities are prohibited on e-visas.
IMPACT – LOW
What is the change? The Department of Home Affairs has announced that it intends to introduce an e-visa pilot program by March 2019.
What does the change mean? The e-visa system will be piloted in-country or at one of South Africa’s embassies or consulates and will cover temporary residence visa applications and processing, capture and uploading of biometrics, applications for waivers, and email notification to applicants.
Background: The DHA revealed its plans to launch an e-visa pilot program in response to a question from Parliament. Currently, all foreign nationals must appear in person at a South African mission or Visa Facilitation Services office to apply for a visa and give biometrics.
BAL Analysis: South Africa’s plan to introduce an e-visa is a welcome development and is in line with the global trend of moving visa processing online.
What is the change? Responding to complaints by 18 foreign residents, South Africa’s public prosecutor has issued a damning report on the processing of naturalization applications by the Department of Home Affairs. The foreign residents had complained that their applications for South African citizenship were delayed, denied or improperly adjudicated.
What does the change mean? Among the remedial actions the prosecutor ordered, the DHA must review its internal guidance relating to naturalization regulations, including the DHA’s practice of requiring 10 years of residency for eligibility in contradiction to the Citizenship Act’s five-year requirement. In addition, the DHA must also externally publish standard operating procedures within six months that must include expected naturalization application processing times.
Background: The complaints were brought between 2014 and 2017 by 18 foreign residents who applied for naturalization. Some of the applications were rejected as being premature based on the 10-year eligibility period applied by the DHA, even though the Citizenship Act allows foreign residents to apply for citizenship after five years of residency. The prosecutor found that 10 of the complainants should have been eligible under the Citizenship Act. Others complained that the DHA had delayed processing their applications for longer than 12 months. The prosecutor found that eight of the applicants waited 13 to 24 months for a decision while the other 10 applications were pending for 13 to 24 months and had still not received a decision.
BAL Analysis: In addition to addressing the 18 specific cases, the DHA is required to review how it applies the naturalization regulations and reconcile the eligibility period with the Citizenship Act’s five-year eligibility period. As a result, a far greater number of foreign nationals should be eligible to apply for South African citizenship than previously. In addition, it is hoped that the recommendations in the report will bring greater transparency and consistency in the processing of naturalization applications, including a standard processing timeframe.
What is the change? The Department of Home Affairs has confirmed that it has conducted unannounced inspections of the Africa News Network 7 (ANN7) in Midrand, Johannesburg on Thursday, seeking to verify whether certain employees of the television station have valid work visas.
What does the change mean? South African employers are reminded that DHA’s Inspectorate Directorate is authorized to conduct unannounced onsite inspections to verify immigration status of employees.
Background: According to local press reports, DHA officials raided the ANN7 studios and questioned human-resources staff for hours, seeking employee files on the suspicion that up to 10 Indian national employees were working with expired visas. ANN7 is a 24-hour news channel in South Africa that was owned by the controversial Gupta family until August 2017. The service broadcasts on the DStv satellite television service owned by Multichoice. The DHA called it a routine inspection that was based on information it had received. In its announcement, the department said that it would release the results of the inspection after it verifies its findings.
BAL Analysis: The high-profile raid, which has received extensive press coverage in South Africa, should serve as a reminder to all employers that immigration authorities are entitled to appear at company premises to inspect documents at any time. Employers should be mindful that immigration violations, including overstaying a visa, may carry serious consequences.
What is the change? President Cyril Ramaphosa announced his government’s cabinet Monday, reshuffling several posts and moving Malusi Gigaba from Finance Minister to Minister of Home Affairs.
What does the change mean? Gigaba previously headed the Department of Home Affairs from 2014 until March 2017 when then-President Jacob Zuma moved him to the Ministry of Finance. His reinstatement at DHA could mean that he will continue to implement a proposed overhaul of the country’s immigration system under a DHA white paper that was released in 2017.
Background: The DHA has seen several cabinet reorganizations in the past year with Gigaba replaced in March and his successor replaced in October. Ramaphosa took office earlier this month after Zuma resigned following a vote by the National Assembly Feb. 15.
BAL Analysis: The reinstatement of Gigaba provides some certainty, given his record with the DHA. While Ramaphosa is expected to promote business-friendly policies, it is unclear which reforms he advocates in the DHA white paper. The landscape will become clearer in the coming weeks as the new government and Gigaba set out their priorities related to immigration. BAL produced a backgrounder last March on the proposed changes. Read the full backgrounder here.