All current holders of Quota work permit who are required to submit annual reports as a condition of their permit are advised to follow the procedure mentioned below:

1. Previously the client would approach the regional office of Home Affairs and submit the required documents as part of their reporting. With the repealing of the Quota work permit this function has not be carried over to VFS. To remedy the situation and to ensure a smoother transition, an email address:  quota.reports@dha.gov.za has been set up to allow the clients to continue to comply with the condition of Quota Reporting. Clients will not be required to approach VFS for this service.

 2. Current holders of Quota work permits are advised to submit CLEAR and READABLE copies of the following documents via the email address mentioned above:

(a)  Valid contract of employment,
(b)  Certified Proof of registration with relevant professional body, board or council, where required,
(c)   Comprehensive CV,
(d)  Testimonials,
(e)  Certified Proof of SAQA evaluation certificate of qualifications; and
(f)  Certified copies of pages in passport reflecting personal details and quota work permit obtained.
3.  On receipt of the required documents the Department of Home Affairs will issue the client with a compliance letter confirming whether the client continues to comply with the conditions of the work visa issued to them. The compliance letter will be signed and scanned back to the applicant via the email from which the applicant sent the required documents.

This process is only applicable to persons who are due to report. This email will not receive any new applications and should not be used to make enquiries. All enquiries in this regard should be made to (012) 425-3000

For further Assistance please contact Relocation Africa Immigration on 021 7634240 or tracy@relocationafrica.co.za

The South African Department of Home Affairs has issued a directive (dated 27 October 2014) advising that a second Intra Company Transfer Work Visa, with validity of up to four years, may be issued to a foreign national who has already held an Intra Company Transfer Work Permit.

This is welcome news and clears up some inconsistencies.
How Are Renewals Applied For?

The second intra company transfer work visa application must be made in the country of citizenship or ordinary residence of the applicant; it cannot be submitted from within South Africa.

Who Is Affected?

It is important to note that the directive applies to those applicants who previously held intra company transfer work permits under Section 19(5) of the 2002 Immigration Act – i.e. permits issued before implementation of the new Immigration Regulations (see Peregrine’s alert on the subjecthere).

New intra company transfer work visas issued under the new regulations will be issued for a maximum validity period of four years and cannot be renewed.

Action Items

Review current intra company transfer permit and visa holders and plan for possible renewals, taking travel requirements into account: those with permits granted prior to the implementation of new regulations in May 2014 will be able to apply for new four year intra company transfer work visas, by returning to their country of residence to make the application.

11 November; Violent protests reported in N’Djamena, Moundou and Sarh
Thousands of demonstrators participated in disruptive protests in Chad’s capital, N’Djamena, and the cities of Moundou and Sarh on 11 November. The unrest reportedly commenced in Sarh, where residents took to the streets in protest to a recent fuel hike and the ongoing non-payment of teachers’ salaries. At least two people were wounded when security forces reportedly opened fire on the demonstrators attempting to march on the town hall. Anti-government protests soon spread to the urban centres of N’Djamena and Moundou but were similarly suppressed by security personnel. Although there were no immediate reports of casualties at these events, at least one petrol station was allegedly vandalised by protesters in Moundou. The unrest is indicative of how violent and disruptive gatherings can spontaneously occur, and similarly be suppressed, in Chad. Increases in fuel prices, in addition to ongoing strike action in various public sectors, carry the potential to incite further protests and demonstrations in the short-term. Clients in Chad, particularly those based in the aforementioned urban centres, should monitor local media sources and avoid all related protests and gatherings. Please note that due to various security concerns, all non-essential travel to Chad is advised against. This advisory, however, excludes N’Djamena, where the security environment is assessed as being more stable.

SA’s recently gazetted immigration rules could have disastrous consequences for the economy. To remain competitive in a global marketplace, we need to do everything we can to encourage investment and attract much-needed skills to our country.

South African PassportSA is a developing, emerging economy. By introducing such onerous new visa regulations we are behaving like a First World economy, and are turning away opportunities to create wealth and grow our economy.

SA is not unique in wanting to tighten immigration laws and reduce the number of undesirable people entering the country. The UK and Switzerland, for example, have made it much harder to obtain work and tourist visas. But these are First World countries.

We should be following the examples of other developing economies such as Mauritius, Rwanda and Chile. They are encouraging the entry of skilled leadership to help grow their economies.

The new visa regime is also contrary to international business trends. Company boardrooms and executive teams globally are increasingly more diverse.

In the UK, for example, a third of chief executives and chairmen of FTSE 100 companies are non-British. In SA, most of our top retailers are run by nonlocals. This is to be expected given the nature of globalisation and the impact of the digital era.

As SA-based multinationals expand into the rest of Africa to diversify their risk and to capitalise on the continent’s growth story more skilled foreigners are needed at board level. Corporates now want board members and executives from African states in which they have partnerships.

In a nutshell, we are living in a globalised world and we need to develop a more international flavour on our boards and at senior executive level to compete in Africa and abroad. We should remove entry barriers, not create more of them.

The new regulations are, quite frankly, mystifying.

To realise the vision of its National Development Plan to build a society offering better economic opportunities for all, government should be doing everything possible to make SA an attractive investment destination.

This includes removing unnecessary red tape to make it easy to do business here as well as to bring in the required executive skills.

But the new visa regulations are doing the opposite.

The Department of Home Affairs appears to be sending a message that SA has no interest in creating a business-friendly environment.

Uncertainty is the biggest issue for many multinationals and corporations seeking to fill top positions with the skills they need.

A general work visa is ordinarily required, but with the new rules this could now take more than six months to process — without any guarantee it will be issued.

Corporates now need to approach the Department of Labour, which has to do its own search for suitable candidates locally first. A recommendation will then be issued to the Department of Home Affairs, which will then process the application. All this has to happen from a candidate’s home country.

The whole process is cumbersome, confusing and uncertain.

Corporations will have legal recourse but most likely they will move their head offices to countries with less severe restrictions. Already multinationals are moving their administrative functions, for example, to countries such as Mauritius and Dubai for tax reasons and because it is easier to do business there.

We seem to have forgotten that we are an emerging market economy and our biggest focus should be on drawing in foreign direct investment, which includes executive skills, to create much-needed employment to grow our economy.

We need to remember that we have competition. There are other emerging markets to which investors will look if we do not take definitive steps to attract and keep them here. India is a good example. That country’s economy faltered because it was too closed and bureaucratic. Whereas India is now doing all it can to turn this around and draw skills and investment into that country, we seem to be closing doors instead of opening them.

Ideology seems to be trumping common sense.

• Robertson is CEO of Odgers Berndtson Sub-Saharan Africa