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IMPACT – MEDIUM
Jacob Zuma resigned as president of South Africa Wednesday and has been replaced by Cyril Ramaphosa, who was elected in December to lead the ruling political party, the African National Congress.
Key points:
Background: Zuma had been president of South Africa since 2009 and, under his leadership, the government adopted a number of immigration regulations in 2014 that were widely viewed as restrictive. The changes drew the opposition of business organizations, worried that the restrictions would hurt business and tourism. The government is now in the midst of revamping its immigration system again, and the Department of Home Affairs published a white paper in July that outlined upcoming immigration system overhauls. Changes called for in the white paper include the introduction of a points-based system for work permits, a new skills and education levy on employers of foreign nationals and measures to root out exploitation of legal loopholes by economic migrants. It is not clear what impact Zuma’s resignation will have on this process, though Ramaphosa is widely considered to be the more business-friendly leader and was elected as leader of the ANC on an anticorruption platform.
BAL Analysis: While it remains to be seen what precise impact a Ramaphosa presidency will have on specific policies or proposals, BAL anticipates that he will push for business-friendly immigration reforms. BAL will continue following developments in South Africa and will alert clients to any significant changes to immigration programs.
This alert has been provided by the BAL South Africa office. 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? For overstaying her visa by one day, celebrity British stylist Sophia Hesketh has been put on South Africa’s list of “undesirable persons” and is barred from entering the country for the next 12 months unless she obtains a waiver from the Director-General of the South African Department of Home Affairs.
What does the change mean? Travelers are reminded that South Africa is serious about enforcing entry bans under the Immigration Act with all travelers, even high-profile and frequent visitors to South Africa.
Background: Hesketh, a British socialite and daughter of U.K. politician, baron and Grand Prix team owner Alexander Hesketh, was reportedly in Western Cape for a photo shoot but overstayed her visa by one day. Upon preparing to leave from the Cape Town airport, she was stopped, put on the list of “undesirable persons” and banned from the country for one year.
This is not the first case in which South African authorities have made an example of a celebrity who violated immigration regulations. In 2016, American hip-hop artist Mos Def was detained in Cape Town when he attempted to leave the country using a “world passport,” which South Africa does not recognize. South African prosecutors also sought to bring criminal charges against the musician, but dropped them after he apologized and agreed to leave the country on a U.S. passport. The government still barred him from re-entering the country unless he secures a waiver of inadmissibility.
BAL Analysis: Travelers to South Africa are reminded that provisions of the Immigration Act, including re-entry bars for individuals declared “undesirable persons,” are in effect and will be strictly enforced.
What is the change? The Department of Home Affairs has again extended the deadline for submitting payment, biometrics and required documentation to support Zimbabwean Exemption Permit applications.
What does the change mean? Applicants who have already completed an online portion of the application now have until Feb. 15 to provide payment, biometrics and the required supporting documentation at one of the 10 Visa Application Centres in South Africa. The window to complete the online portion of the application has closed. Zimbabwean Exemption Permits were introduced in 2017 to replace Zimbabwean Special Permits.
Background: The Department of Home Affairs announced in September that Zimbabwean Exemption Permits would replace Zimbabwean Special Permits. The permits will allow qualifying Zimbabweans to work, study or conduct business in South Africa for up to four years. The application period opened Sept. 15 and DHA said it had received 176,605 completed applications as of Jan. 29. The DHA has now extended the deadline for submitting payment, biometrics and required documentation to Feb. 15.
BAL Analysis: The extension will ease application procedures for Zimbabweans hoping to convert their Zimbabwean Special Permits and remain in South Africa. While the program will provide authorization to work, study or conduct business in South Africa for an additional four years, however, authorities made it clear that newly issued permits will not be extendable and will not be accepted as the basis to apply for permanent residency.
What is the change? South Africa is in the midst of switching to a biometric background check system for applications that require South African police clearance certificates.
What does the change mean? Foreign nationals submitting in-country applications that require South African police clearance can do so through a new service that checks their fingerprints against the South African police database. This option costs 175 rand (about US$13.85) and has been available since Nov. 1. Beginning Jan. 1, however, visa application centers in South Africa will stop accepting hardcopy police clearance certificates and will move exclusively to the automated system.
Background: South African police clearance certificates are required for foreign nationals who are submitting immigration applications and have resided in South Africa for 12 months or more since turning 18 years old. Visa application centers are now able to check an applicant’s fingerprints against the appropriate police database, eliminating the need for hardcopy police clearance certificates.
BAL Analysis: The new system will save significant time in the application process for most applicants. Those who suspect they might have a criminal conviction in South Africa, however, should disclose this to BAL in order to leave time to apply for the appropriate records to provide information to authorities about the nature of the conviction.
Copyright © 2017 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.
IMPACT – HIGH
What is the change? The South African Government has released its anticipated White Paper that provides a policy framework for comprehensive review and overhaul of the country’s immigration system and the introduction of significant changes over the next two years.
What does the change mean? The White Paper is intended to bring South Africa’s immigration system up to date and calls for strategic management of all aspects of migration to further the country’s economic goals – from the entry and departure of foreign nationals, to attracting critical skills and investment, to promoting regional integration and addressing refugee populations, and enforcing compliance regimes.
Changes requiring only administrative action will take effect immediately; changes requiring legislative approval will be included in legislation to be submitted to Parliament by March 2019.
Key business immigration proposals:
Background: The White Paper details many of the proposals that were first outlined in a Green Paper that the Department of Home Affairs released last year and reiterates the policy objectives of systemic overhaul of the immigration system.
BAL Analysis: The White Paper’s policy objectives and proposed changes have far-reaching implications for South African employers and multinational companies that rely on foreign talent. Companies should anticipate significant changes to the country’s immigration regime in the coming two years.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? The centers that handle Indian visas for applicants in South Africa have announced that they will begin collecting biometrics from visa applicants, who will be required to schedule their appointments through a new online system.
What does the change mean? Effective July 17, visa applicants must complete an application form online and then make an appointment to appear in person to have their biometrics (fingerprints and facial image) taken. The change does not affect e-visa applicants, who are required to provide biometrics upon arriving in India.
Background: All visa applicants in South Africa whose biometrics have not been submitted to Indian authorities in the past five years will be required to make a biometrics appointment before their visa application is finalized. Once applicants provide biometrics, they will not need to do so again for subsequent applications over the next five years. The change appears to be part of a worldwide rollout by the Indian government. A similar requirement was recently imposed for visa applicants in Singapore.
BAL Analysis: The new biometrics requirement adds an additional step to the application process for Indian visas in South Africa. Those affected should be sure to leave enough time in their schedules to appear in person and provide biometrics. Once biometrics have been collected, subsequent applications will not require individuals to be present. Those who fail to provide biometrics taken will have their visa applications rejected.
Copyright © 2017 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? South Africa’s Department of Labour has switched to a new online system that allows applicants for general work visas to know whether the DOL will provide a positive or negative assessment of applications before they are submitted for final consideration to the Department of Home Affairs.
What does the change mean? Under the new system, the DOL’s assessment will save employers significant time because they will know whether to move forward with applications. Previously, the DOL’s assessment was not revealed until after the DHA made a final determination.
Background: In recent years, DHA began soliciting DOL input on general work visa applications before making final determinations on them. The DOL portion of the application can now be completed online. Before the online system was implemented, the DOL did not tell applicants whether its assessment was negative or positive before applicants submitted their applications to DHA. With the change, applicants can move forward with applications that receive a positive DOL assessment and abandon applications, if they so choose, that receive negative assessments.
BAL Analysis: The DOL’s assessment of general work visa applications figures heavily into the DHA’s adjudication process. The change makes the application process easier for employers and foreign nationals because they will know before submitting their final application to DHA whether their applications are viable.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney. Copyright © 2017 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? Following the recent acknowledgement by the Department of Home Affairs that more than 4,000 permanent residence applications have been misplaced, affected foreign nationals have until July 31 to resubmit.
What does the change mean? The DHA has published in the National Government Gazette the list of permanent residence applications that the agency has recorded as received but which have subsequently been misplaced. All foreign nationals who appear on the list have until July 31 to resubmit their permanent residence applications by email. Applications resubmitted after that date will not be accepted.
Background: Prior to June 2, 2014, the DHA utilized a “track and trace” case management system for permanent residence applications. Further to an internal review, the DHA has discovered that 4,616 permanent residence applications are detailed in the system as received but with no corresponding outcome recorded and no copy of the application available to adjudicate. As such, the DHA has given affected applicants until July 31 to resubmit their applications.
BAL Analysis: Although the DHA notice suggests that only permanent residence applications submitted prior to June 2, 2014 have been misplaced, BAL is aware that applications submitted after that date may also be affected. As such, all foreign nationals with pending permanent residence applications, regardless of the date of submission, should check the list published in the National Government Gazette to determine if they are affected. No permanent residence applications submitted by BAL appear on the list and clients have already been contacted individually to allay any potential concern. Those who have already received their permanent residence permits, but whose names appear on the list, do not need to resubmit their applications but must provide a copy of their permit to the DHA via email so that the outcome can be correctly recorded. To avoid further delay, applicants who appear on the list should resubmit their applications as soon as possible and no later than July 31. The DHA plans to complete adjudication of all resubmitted permanent residence applications by the end of the year.
The South African minister of Home Affairs, Hlengiwe Mkhize, released a budget policy statement this week that sets out her department’s immigration priorities for the coming 12 months.
The turnaround standard set last year—a goal that 85 percent of permanent residency permits be delivered within eight months of application submission—will be maintained. The target for adjudicating business (investment) visas and general work visas has also been maintained, at 90 percent within eight weeks. The turnaround standard for critical skills work visas has been increased by 5 percent to 80 percent within four weeks of application submission.
The Department of Home Affairs will prioritize immigration proposals contained in the White Paper that was approved by the Cabinet in March and which is expected to be published shortly. “Our focus is now on implementing the White Paper, approved by Cabinet in March 2017,” Mkhize said. “The policy development process will result in a comprehensive overhaul of immigration and refugee legislation.”
Work will continue on establishing the new Border Management Agency, which will oversee all border issues. The goal for the agency is be operational in the current fiscal year with the integration of border management to then be implemented in phases.
BAL Analysis: The budget statement confirms that the DHA will continue to pursue comprehensive changes to the immigration system proposed in the White Paper. After the White Paper is published and open to public comments, legislation on implementing the changes will be introduced. A BAL Backgrounder on proposed changes and their potential impact on employers is available here.
A strike by workers in the Department of Home Affairs appears to have been averted after the DHA and a union representing the workers reached an agreement on a working-hours dispute.
Workers had planned to launch a strike on June 19, but the National Education, Health & Allied Workers’ Union (Nehawu) said Friday it had reached a settlement with the government. Union leaders said they will brief workers on the agreement Monday morning.
It appears that normal operating hours and immigration services will continue for the foreseeable future. A strike likely would have caused significant delays at airports and to in-country immigration services.
Background: As BAL reported earlier this month, the dispute stemmed from the DHA’s decision to adjust employee shifts when it changed its offices’ hours in 2015. The sticking point for the union was that workers were asked to cover Saturday shifts, adding an extra work day to their schedules even though, according to the DHA, employees were still on a 40-hour work week. Nehawu said in a Facebook post Friday that the government agreed to withdraw the 2015 policy and that “workers will revert back to the working conditions that were applied prior to the introduction of the imposed new working hours” in 2015. A statement posted on DHA’s website said that agency officials would brief the media on Saturday about “the settlement agreement reached between the parties.”
BAL Analysis: A strike would have caused significant disruption to travel and immigration services, and news of the agreement is a welcome development.