René Stegmann

Thousands of foreign entrepreneurs would flock into South Africa – if only they could.

Tracy du Plessis from Relocation Africa was interviewed by The Times for comment

Mudslinging between government and immigration firms over bureaucracy and alleged profiteering are hindering the influx of immigrants, many of whom have critical skills.

The alleged blocking of immigrants must be balanced with the , country’s interests, the government says.

The immigration policies imposed by the South African government at the end of 2014 have drawn sharp criticism. But the government says it is targeting dodgy immigration lawyers.

For years immigration firms have cried foul over issues, such as immigrants wanting to open businesses in South Africa having to have R5-million and 60% of their staff having to be South Africans.

They are also upset about the department’s critical skills visa list.

Tracy du Plessis, Forum of Immigration Practitioners vice-chairman, said the 2014 amended Immigration Act made it difficult for foreign nationals to work in the country.

There is no communication on recommendations for a business visa applicant until after the application is made.

“The department’s reasoning is to stop fraud,” Du Plessis said.

Immigration expert Leon Isaacson of Global Migration SA said there were inconsistencies in processing visas, especially critical skills visas.

“The list was drawn up in haste. Professions, such as maths and science teachers, which the country has a 60000 to 80000 shortfall of, are not included.”

Bjorn van Niekerk, Integrated-Immigration director, said sections of the immigration legislation needed reviewing.

“There are serious barriers, including the massive increase in incorrect adjudications and baseless rejections.”

Home Affairs spokesman Mayihlome Tshwete said “middle-men” were misinterpreting policies aimed at assisting immigrants.

“There is a lot of corruption. We have lawyers under investigation. In the past people came to establish phantom companies, sometimes to launder money. We had to change our policies.”

  • Thousands of South Africans living in the UK face deportation. In April, the UK is set to pass an immigration regulation affecting millions of non-EU state immigrants. Those affected are likely to be semi-skilled workers earning annually less than £3,5000.

http://www.timeslive.co.za/thetimes/2016/01/25/Stop-block-on-foreigners

René Stegmann

Machine Readable passports – Re-entry to South Africa

 

To comply with regulation 2(1)(a) of the Immigration Regulations, 2014 only MACHINE READABLE TRAVEL DOCUMENTS (MRTDs) will be accepted to enter South Africa with effect from 24 November 2015.

 

In the case of a bona fide emergency situation, travellers utilising issued Emergency Travel Documents will be allowed to enter and depart from South Africa.

Travellers who entered South Africa before 24 November 2015 on non-MRTDs will be allowed to depart and return to their countries of origin or residence.

Travellers who entered South Africa with a MRTD and lost it will be allowed to depart with Emergency Travel Documents.

PLEASE NOTE THAT:

Machine readable passports that have been extended are not accepted!

 

 

René Stegmann

Home Affairs drowning in legal claims – South African Immigration

Weekend Argus (Saturday Edition) – 12 Dec 2015

A HOME Affairs legal officer in Pretoria has pleaded with the Western Cape High Court for mercy, saying she was “mortified” when she read a judgment handed down recently which described the department as dysfunctional and threatened to refer it to the public protector.

The senior legal administration officer, Yvonne Banyamme Seboga, has accepted full responsibility for the manner in which the matter, which led to the scathing judgment, was dealt with.

She blamed her oversight on a heavy workload and severely underresourced litigation unit.

The judgment stemmed from an application lodged against the department and refugee authorities by Kennedy Tshiyombo, who fled violence in the DRC nearly 10 years ago.

Tshiyombo received an asylum seeker permit which was renewed from time to time and he was asked to complete a fresh application for refugee status in October 2008.

But his application was rejected as unfounded days later and a later appeal to the Refugee Appeal Board was also dismissed.

He turned to the High Court, asking it to review and set aside the decisions.

Department officials, however, failed to file the administrative record of the case, which led to delays and to the matter eventually coming to a standstill.

Judge Ashley Binns-Ward delivered a judgment in the matter last month, saying it was plain there was a “systematic dysfunctionality” in the relevant branch of the department which had resulted in its persistent failure or inability to comply with its legal obligations in matters in which its decisions were taken on judicial review.

He said there had been undertakings that the problems would be addressed, “all to no effect thus far”.

Judge Binns- Ward gave the department and refugee authorities until last Thursday to show cause why they should not be held personally liable for the additional costs Tshiyombo incurred.

In addition, they were ordered to explain why he should not refer the matter to the public protector for investigation.

In response, the department filed Seboga’s affidavit in which she said she was to blame for the manner in which Tshiyombo’s case was handled.

She said the number of court cases lodged against the department had increased significantly while the number of staff members had nearly halved.

In 2012 more than 1 800 cases were served on the department. That figure had increased steadily to 2 056 served on the department in 2013, 2 358 in 2014, and 2 435 this year.

The increased number of cases had an adverse impact on the morale of staff members and led to the resignation of two junior legal administration officers, according to Seboga.

Seboga said the department was however in the process of appointing 10 legal administration interns, with the appointments to be made by January 1r.

Judge Binns-Ward has reserved judgment in the matter.

 

René Stegmann

Transit visas under scrutiny – South Africa Immigration

10 Dec 2015 – Tourism Update

Biometric capturing will definitely be introduced at South Africa’s primary international airports by the end of January, and as a result, other immigration controls, such as the Transit Visa, could be reviewed the Director General of the Department of Home Affairs,Mkuseli Apleni, has assured stakeholders.
Mkuseli was addressing tourism and business stakeholders at the Ernst & Young headquarters in Sandton, Johannesburg yesterday (December 10).
“The implementation of the capturing of biometrics at Lanseria International Airport, OR Tambo International Airport, King Shaka International Airport and Cape Town International Airport are on track,” Mkuseli said. The modules had been developed, tested and were currently being piloted at certain ports of entry, he added.
“Consequently, the criticality of the biometric capability to manage risk allows the department to retract the requirement for certain travellers to hold a Transit Visa,” Mkuseli said.
He said the Department was re-evaluating the Transit Visa requirements in line with the Port of Entry biometric enhancements. The intended outcome of this evaluation, he said, was for the Transit Visa requirement to be retracted altogether.
“This is currently in progress but it depends on the successful implantation of the biometric capturing,” he said.
Mkuseli added that the Department would now initiate consultation with other member departments operating in the border control environment to ensure alignment on the new security standards introduced. “By January 31, we hope to issue an Immigration Directive advising all stakeholders of the change in requirements.”
Other changes introduced by the Department include:
Extending the validity of the parental consent affidavit from four months to six.
Adding parents’ details to South African children’s passports so that outbound travellers are no longer required to carry an unabridged birth certificate.
Introducing a long-term multiple-entry visitor’s visa for a period exceeding three months and up to three years.
Introducing a 10-year visa waiver for BRICs countries.
Introducing a long-term multiple-entry visa for travellers visiting South Africa frequently, such as business people, academics and tourists.