The communication serves as a policy directive with regard to the extension of international assignments, as well as to deal with subsequent international assignments.
Please read the following link for the official directive no 19 of 2014.
IFP leader writes on the obstacles placed on employers trying to bring in skilled labour from abroad
Dear friends and fellow South Africans,
Having served as Minister of Home Affairs for the first ten years of democracy, I retain a keen interest in migration issues, particularly as they affect the economic growth and development of our country. I was therefore concerned when last year’s legislative amendments to the Immigration Act included a requirement that could only obstruct the entry of skilled workers and ultimately deter investment.
It seems that legislative amendments by the Department of Home Affairs, and delays in administrative justice by the Department of Labour, have ensured that skilled foreigners applying to work in South Africa face a long and uphill battle.
When the Immigration Amendment Act came into effect in May 2014, several immediate problems caught the spotlight. Some were ‘resolved’ by delaying implementation, such as the need to obtain full unabridged birth certificates when travelling with one’s children. Other problems, however, are escalating.
One such problem is the need for work visa applicants to obtain a certificate from the Department of Labour that effectively confirms that no South African could do what they are being hired to do, and that they are not going to do it for less money or under worse conditions than a South African would.
When I entered Home Affairs in 1994, immigration legislation required a complete transformation, for it was predicated on the apartheid mind-set of keeping everyone out unless they fit a narrow and racist description of “desirable”. The laws we inherited were woefully incapable of bringing skills and investment into a democratic South Africa at the speed and to the extent that we both needed and sought.
Among the many challenges and obstacles we were confronted with as we engaged immigration reform was the fact that the Department of Labour was ill-equipped to certify that each and every foreigner applying for a work permit had the required skills and would not be taking a job away from a South African. This had to be determined another way, which was more efficient and shifted the administrative burden onto the employer themselves.
Thus we inserted the requirement for an employer to prove that no suitable South African could be found to fill the position they intended to fill with an appropriately skilled foreigner. This was achieved by advertising the position. The mere fact that an employer would accept a greater administrative burden to employ a foreigner than they would to employ a citizen suggested that a need did in fact exist for the skills that foreigner provided.
Thus, under the legislation I piloted, the Labour certification was removed and work permits were expeditiously issued.
Unfortunately, the Department of Home Affairs has seen fit to bring back the requirement for a certificate from the Department of Labour, while retaining the burden on the employer to advertise and prove the need to employ a foreigner.
Unfortunately, again, the Department of Labour is still ill-equipped to provide certifications and is struggling to cope with a backlog of applications for certificates. Without the certificate, a work visa application cannot be submitted. Thus months are being added onto what is already a drawn out process. Not surprisingly, skilled workers move on, taking their skills where they are both needed and wanted.
But there is an added dimension to the problem at the Department of Labour. On 12 December 2014, the Johannesburg Regional Office of the Department suddenly stopped accepting applications. That section “closed”. A printed notice was simply placed flat on a counter-top saying, “Please note that submission of applications is closed and will re-open on the 12th January 2015. Thank you.”
Nevertheless, on 12 January 2015, applicants were turned away by security who explained that the relevant section was “still closed”.
In terms of administrative justice and the responsibilities of Government, one wonders how an office of a government department can summarily close, without any notice, for a full month, presumably for the holiday season. Is South Africa only interested in economic growth and development for 11 months of the year?
Work visa applicants have had to wait a full month just to be able to request a certificate, and will still need to wait while the backlog of certificates is processed before theirs can be issued. Only then can they apply for the actual visa at Home Affairs.
This, really, is the tail end of a lengthy process, considering that the position must first be advertised and applicants vetted, a police clearance certificate must be obtained, proof of qualifications must be evaluated by SAQA and translated by a sworn translator, and the employer must provide several written undertakings as well as a contract that is conditional on the work visa being granted.
It would be fair for skilled foreigners to question whether Government is intentionally obstructing their entry into South Africa. But it seems more likely that Government has simply fallen into the trap, yet again, of adding more bureaucracy in the misguided belief that it will close all the loopholes. In truth, the greater the administrative burden on Government, the less efficient the process becomes.
If we want greater economic growth and development in South Africa, we need to empower individuals and civil society, rather than deferring all power and responsibilities to the State.
Yours in the service of our nation,
Prince Mangosuthu Buthelezi MP
Issued by the IFP, January 14 2015
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.