Earlier this year the South African Department of Home Affairs expressed their confidence in the then newly appointed VFS who would be managing the submission process of all visa and permit applications in South Africa.  Yet it seems that now VFS is significantly overwhelmed and is battling to correct an ever increasing backlog says Gershon Mosiane, Chairman of the Forum of Immigration Practitioners (FIPSA).

“Early this year the signs were there and FIPSA expressed its concerns both publically and to the Minister of Home Affairs,” says Mosiane of the situation at VFS where scheduling appointments was to take place within 5 days of registering an application on the new online booking system.  “In reality we have heard reports of some cases where applicants have been waiting for a submission booking for longer than 60 days. Presently at some VFS offices, submission appointments are only available in March 2015. The system does not allow for cancellations or changes which results in several thousand unaccounted no shows which clogs up the system”

“There has also been an alarming increase in complaints relating to appointments not being carried through with on time and often applicants end up waiting 7 hours to be seen. There is also no solution for poor applicants who are paying VFS with no service delivery commitment to them. Even after paying an extra fee for a VIP lounge, which is supposed to ensure swift processing, you are not guaranteed a par excellence service given the chaotic state of the system.” says Mosiane

Another huge source of frustration is the turnaround of submissions via VFS and the resultant communication to applicants.  Often it takes up to 4 months for a basic tourist visa application to be approved and by the time the applications are finalised the applicant is illegal and is declared undesirable on departure from South Africa and unable to return to for up to 5 years through no fault of their own.

Mosiane added that a further concern was that some applicants are now inadvertently facing rejection of their applications, “The new law states that one must submit no later than 60 days prior to their current visa expiring but if one doesn’t have an opportunity to submit because of logistical challenges at VFS, why should the applicant be prejudiced against?”

Adding to the applicants’ perils VFS have announced their office closures for the festive season, closing from the 19^th December to the 5^th of January 2015. Not only does this contribute to their extensive backlog, it also translates to the fact that no applications will be processed for a period of 16 days, while the Department of Home Affairs who managed the submission process prior to VFS’ appointment, never closed meaning applicants could submit over the festive period.

 

This is against the backdrop that in terms of the regulations, applicants have to submit at a Department of Home Affairs office not VFS. Therefore this closure will be governments’ failure to provide a legal obligation and is not a VFS issue

This closure will result in applicants facing rejections of their applications through no fault of their own and with the urgency of which some applications must be processed the new system is failing its clients.

There are no signs of improvement and similar to the power crisis in South Africa, rectifying these issues will take months, if not years. 

 

 

FIPSA is the Forum of Immigration Practitioners of South Africa, and consists of voluntary members who are Registered Immigration Practitioners. FIPSA functions on a regional basis and has a National Structure which deals with National issues impacting on the profession. There are currently 3 established regions: Gauteng, Western Cape and Kwa-Zulu/Natal.

 

Kenya tightens work permit document requirements, Kenyan understudy required for Class D work permits
Kenya’s Department of Immigration Services has released a checklist of documents now required when applying for entry permits.
The checklist sets out all the requirements, including those of an understudy, with options to enter “yes” or ”no” for each. Class D work permits require the name, contact information and academic records of a Kenyan understudy.
• Implementation timeframe: This requirement has been in place, but DIS now requires applicants to disclose this information up front as opposed to establishing it during the application process.
• Visas/permits affected: All Entry Permit categories.
• Who is affected: All Entry Permits applicants.
• Impact on processing times: Failure to include all of the documents may delay applications. Documents may not be accepted at the DIS counters if all requested documents are not provided.
• Business impact: Stricter documentary scrutiny adds to businesses’ administrative burden. Businesses are on notice that Kenyan immigration officials are enforcing policies to “Kenyanize” the workforce.
• Next steps: Companies applying for work permits should work with their BAL attorney to plan for these new requirements.
The Department of Immigration Services has published a list of documents that must accompany each type of work permit. Notably, according to the list, Class D work permits – the category for foreign workers employed by a specific employer and sponsored by a Kenyan entity – now require that applicants submit the name of a Kenyan understudy and certified copies of his or her academic certificates and full contact details, including address, email and mobile phone number. The Class D permit already requires that the local Kenyan sponsor prove that it was not able to recruit a Kenyan worker for the position the foreign worker is seeking to fill. The new documentary requirement is consistent with a movement toward localising the labour force and training Kenyan workers for jobs held by foreign nationals.

This requirement has been in existence, but is now being enforced.

This represents a tightening of requirements, and employers and foreign nationals should anticipate that applications that lack any of the information on the checklist may be rejected. Identifying a Kenyan understudy for Class D permits is highly recommended and will require planning if required in advance of submission of the application. – Relocation Africa Group Update.