Andrew Stegmann

SOUTH AFRICA | Change in Visa Validity Date Benefits Holders

Per Immigration Directive No. 19 of 2016, the South African Department of Home Affairs (DHA) has effectively lengthened the usable time of all visas for foreign nationals traveling to South Africa. Beginning August 1, all printed visas issued through the DHA’s Visa Adjudication System (VAS) will now bear a “Valid From” date rather than an “Issue Date,” as was the previous practice. While this a small change in form, it will produce significant benefits for travelers to South Africa.

Under the old form bearing the “Issue Date,” the validity period of the visa began running immediately upon issue. This meant that if there was any delay in travel upon obtaining the visa, some portion of the validity period had already been used prior to arrival in South Africa. With the new “Valid From” date, visa recipients may now plan their arrival in South Africa to fall on or soon after the validity date, so that they receive the full benefit of the validity period.

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Andrew Stegmann

The beginning of a borderless Africa?

What do recent immigration developments in African Union countries mean for Africa’s economy and international companies doing business with the region?

A major highlight of the recent 27th Session of the African Union was the rolling out of the new African Union passport to kick off the three-day summit.

As the nations of Europe struggle to maintain their union following the Brexit vote, the nations of Africa appear to be steadily strengthening their own union. Current developments aimed at free trade and mobility within the continent make Africa a region to watch.

African Union passport: the future of Africa

With the continuous news coverage surrounding the Brexit referendum, and the rampant speculation about whether the European Union is weakening, it may have escaped the notice of some that the African Union is quietly doing the opposite – coming together.

On 19 July, the 54 members of the African Union concluded the 27th Ordinary Session of the African Union Assembly of Heads of State and Government in Kigali, Rwanda. The three-day summit was characterised by much optimism about the future of Africa and the far-reaching plans to tear down barriers to trade and mobility on the continent.

Pro-Link GLOBAL has been analysing the events of this summit and the developments in immigration practice in the African nations with interest.

The assembly began on 17 July with a much-anticipated “symbolic act of Pan-Africanism with the launch of the African Union (AU) passport aimed at facilitating the free movement of people on the continent”, according to an African Union press release.

Idriss Deby Itno, president of the Republic of Chad and chairperson of the AU, and Paul Kagame, president of the Republic of Rwanda, received the first AU passports issued. “I feel deeply and proudly a son of Africa after receiving this passport,” said President Idriss Deby during the ceremony.

The new African Union passports are ultimately designed to allow visa-free travel for citizens of the union’s 54 member states to all other union member nations.

The new electronic AU passports were initially given to the heads of state and senior officials of the member countries. The plan is to make the new electronic passports available to all citizens of member nations by 2018. The AU passport is a key platform of the union’s long-range Agenda 2063 plan.

According to the African Development Bank’s 2016 Africa Visa Openness Report, of the 20 most visa-open countries in the world, 75 per cent are in Africa. Citizens of African nations can already travel to 45 per cent of the countries within the continent without a visa, and an additional 25 per cent through visa-on-arrival.

Currently, 13 countries in Africa have visa-free entry to citizens of other African nations. But that number may quickly increase, as the AU nations earnestly pursue their goal of visa-free travel among all 54 members.

Ghana kicked off its commitment to the movement ahead of the summit, when it began granting visa-on-arrival for up to 30 days for all AU nationals on 1 July. Uganda also rolled out online immigration services with electronic visa processing – an essential first step in realising the AU’s vision – in early July. The weeks since the AU summit have brought announcements from Namibia and Nigeria that both are presently working on visa-free and visa- on-arrival schemes for African nationals.

Many proponents of freer travel within the African nations point to Rwanda as another success story. According to the African Development Bank report, much of the economic growth in Rwanda in recent years can be attributed to its increased visa-free and visa- on-arrival business and tourist travellers.

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Andrew Stegmann

EU boosts African economies to counter migration

WINDHOEK–THE European Commission has tabled an ambitious plan to stimulate African economies as a means of countering rapid migration to Europe.

EU Ambassador to Namibia, Jana Hybaskova, on Monday announced the EU’s External Investment Plan to support investment in its partner countries in Africa and poor parts of Europe. The fund will be capitalised with 3.35 billion Euro from the EU budget and the European Development Fund.

The plan appears to be the EU’s proactive measure to address the migration crisis, which has seen many North Africans drown while trying to cross into Europe in search for a better life. Most of those who flee Africa leave behind countries offering no hope and poverty. EU states, especially those in southern Europe, are mostly affected because of their proximity to North Africa.

The EU’s External Investment Plan is envisaged to boost investment and in particular support social and economic infrastructure and SMEs by addressing obstacles to private investment.

The plan will further mobilise up to 44 billion Euro of investments to strengthen its partnership and promote a new model of participation of the private sector to achieve the United Nations Sustainable Development Goals (SDGs).

“If member states and other partners match the EU’s contribution, the total amount could reach 88 billion Euro. By unlocking investments in partner countries, the External Investment Plan will contribute to implementing the 2030 Agenda on Sustainable Development Goals and the Addis Agenda on Financing for Development,” said Hybaskova.

The investment plan provides, for the first time, a coherent framework to improve investment in Africa and the European neighbourhood, in order to promote sustainable investment and tackle some of the root causes of migration. By addressing the causes of migration, the EU could be hoping to tame the number of Africans and Europeans fleeing to the Eurozone.

The plan will also offer a guarantee to the private sector to invest in countries that are politically more risky.

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Andrew Stegmann

Court strikes down Home Affairs directive on asylum seekers and refugees

“High time questions are asked why the department continues to waste taxpayer’s money” with fruitless litigation, says lawyer

A Department of Home Affairs rule that asylum seekers and refugees may only apply for permanent residence if they give up their asylum or refugee status has been declared inconsistent with the Constitution and invalid by the Western Cape High Court.

The case was taken to court earlier this year by the Forum for Immigration Practitioners (FIPSA) along with other interested parties who believed that Home Affairs was in contempt of a 2003 High Court order.

In 2003, the court issued an order in the matter of Dabone and others vs the Minister of Home Affairs, compelling Home Affairs to allow asylum seekers and refugees to apply for permanent residence without having to cancel their asylum seeker status or give up their refugee status. The order also stated that asylum seekers and refugees do not need to be in possession of a valid passport to apply for a temporary or permanent residence permit.

Home Affairs initially complied with this order, issuing a directive in 2008 citing the 2003 judgement. Then, in a directive signed by the Director-General of Home Affairs Mkuseli Apleni in February this year, Home Affairs issued a new instruction withdrawing their circular of 2008, stating that “no change of condition or status should be premised on the provisions of the Immigration Act for a holder of an asylum seeker permit whose claim to asylum has not been formally recognized”.

FIPSA noted that without a work visa, many jobs were out of reach to asylum seekers, as asylum documents are often not recognised.

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