It is now a matter of when and not if companies employing foreign nationals will be audited by the Department of Home Affairs (DHA).
The arrest of at least 25 illegal foreign nationals at the beginning of May by the Cape Town Police, accompanied by officials from the Department of Home Affairs (DHA), sparked a scramble among the local business community who are concerned that they may unknowingly be employing foreigners who are working in the country illegally.
Marisa Jacobs, immigration specialist at Xpatweb, says that considering recent arrests that have been made, HR professionals, managers, business owners and CEOs need to make sure that systems are in place to ensure that expatriates are legally employed within their business.
“The Department of Home Affairs has warned that they will be increasing the number of audits and investigations among South African companies that employ foreign nationals. This isn’t an empty threat and they are clamping down on foreign nationals who contravene the act as well as employers who are illegally employing foreigners. Anyone who is deemed responsible for the appointment of the person could face repercussions which means that everyone from HR managers to CEOs could face fines or imprisonment,” says Jacobs.
Pitfall no.1: Employees job titles don’t match work visa job titles
Making sure that an employee’s job title matches the title on their work visa is a vital step to ensuring that foreigners are complying with the Act. “It can happen that a company employs a foreign national and that the employee is promoted or moved within the business. When an employee changes jobs and their job title or position changes, their work visa may no longer comply with the conditions thereof.
The process to update the visa so that it is in line with the work contract is relatively simple and straightforward, but it’s a step that many employers overlook, and this can put them at risk to non-compliance,” says Jacobs.
Pitfall no.2: Information on permits don’t match DHA system information
If a company has employed a foreign national already in possession of a visa, the company may not know if the worker’s visa is legitimate, whether it was obtained in the correct manner or even if it was issued by the DHA.
“In this case, we recommend that employers contact the DHA to check what information is on the system. This additional check beyond looking at a work visa is needed to ensure compliance with the Act,” says Jacobs.
Pitfall no.3: No skills transfer plan
Another potential pitfall that companies should take note of is the condition relating to the transfer of skills. Certain categories of work visas for foreign nationals stipulate that the skill that is being imported needs to be transferred to local citizens. If a company is audited by the DHA, the company may be asked to present their skills transfer plans.
“One of the main reasons South African businesses employ foreign nationals is because we don’t have the skills, knowledge or expertise within our borders. Having a skills transfer plan in place is a great opportunity for local employers to upskill their employees and give them an opportunity to learn from foreigners so that they can cultivate the skills that are needed within their business as well as the country. Besides requesting a copy of the company’s skills transfer plan, DHA may further request to interview people who have been earmarked to learn from the foreign nationals,” concludes Jacobs.
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, and Remuneration needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.
Sources: IT-Online [1]. Image sources: [1].
10 Million Smart IDs Issued to SA Citizens in Past Five Years
A total of 10 million smart ID cards have been issued to South African citizens in the past five years, Home Affairs Minister Malusi Gibaba said on Wednesday.
“When the first card was issued, in 2013, around 38 million people had green-barcoded IDs. I am pleased to announce, we now have issued 10 million smart cards. This, in spite of challenges in infrastructure, systems and staffing,” Gigaba said in a media briefing ahead of tabling his budget vote in Parliament.
The 10 millionth recipient of the ID smart card, Nomthandazo Maweni, was present in Parliament where a ceremonial handover of her new identity card was done.
Gigaba said while the department had come a long way, it would probably have to revise its target of totally eradicating the bar-coded IDs in the next five years.
“Of course, if you look at where we started in 2013, we have been picking up momentum but it is likely that we would not have reached 38 million conversions by 2023,” he said.
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, and Remuneration needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.
Sources: Chantall Presence via IOL [1]. Image sources: [1].
Kenya: All Work Permits Must Be Verified Before 21 July 2018
Every foreign national in Kenya who is the holder of a work permit is required to visit the Immigration Department to have their documents verified between 21st May 2018 and 21st July 2018.
The holders should physically present themselves at the Immigration Department since biometric data collection is part of the process. After the verification process, e-permits will be introduced.
The following original documents must be presented:
Employers should ensure that their foreign national employees attend the Immigration Department with the required documents by 21st July 2018.
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, and Remuneration needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.
Source: [1]. Image source: [1].
How We Have Adapted to GDPR
With the European Union’s new General Data Protection Regulation laws now in place, we thought we’d share what we’ve done over the past while in order to ensure we are compliant as a South African business. Much of what the GDPR has identified in terms of Data Protection were things that, over the past 25 years, we have already implemented, to ensure that we are a quality provider. Nonetheless, our Compliance Committee took the opportunity to review the requirements and ensure that we continue to meet global compliance requirements. Some of the areas we have worked on are:
Going forward, we will be actively monitoring the legislation’s roll-out, to keep ahead of any possible changes. If you would like more information about our GDPR compliance, feel free to reach out to us. We implore all businesses, even those based outside the EU, to ensure that they have strict data protection policies in place – even those that extend further than the new GDPR requirements. The protection of personal information is becoming increasingly important in a time when more information can be sourced and disseminated online.
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, and Remuneration needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.
Sources: [1]. Image sources: rawpixel on Unsplash [1].
Home Affairs Clamps Down on Illegal Immigrant Employment
It is now a matter of when and not if companies employing foreign nationals will be audited by the Department of Home Affairs (DHA).
The arrest of at least 25 illegal foreign nationals at the beginning of May by the Cape Town Police, accompanied by officials from the Department of Home Affairs (DHA), sparked a scramble among the local business community who are concerned that they may unknowingly be employing foreigners who are working in the country illegally.
Marisa Jacobs, immigration specialist at Xpatweb, says that considering recent arrests that have been made, HR professionals, managers, business owners and CEOs need to make sure that systems are in place to ensure that expatriates are legally employed within their business.
“The Department of Home Affairs has warned that they will be increasing the number of audits and investigations among South African companies that employ foreign nationals. This isn’t an empty threat and they are clamping down on foreign nationals who contravene the act as well as employers who are illegally employing foreigners. Anyone who is deemed responsible for the appointment of the person could face repercussions which means that everyone from HR managers to CEOs could face fines or imprisonment,” says Jacobs.
Pitfall no.1: Employees job titles don’t match work visa job titles
Making sure that an employee’s job title matches the title on their work visa is a vital step to ensuring that foreigners are complying with the Act. “It can happen that a company employs a foreign national and that the employee is promoted or moved within the business. When an employee changes jobs and their job title or position changes, their work visa may no longer comply with the conditions thereof.
The process to update the visa so that it is in line with the work contract is relatively simple and straightforward, but it’s a step that many employers overlook, and this can put them at risk to non-compliance,” says Jacobs.
Pitfall no.2: Information on permits don’t match DHA system information
If a company has employed a foreign national already in possession of a visa, the company may not know if the worker’s visa is legitimate, whether it was obtained in the correct manner or even if it was issued by the DHA.
“In this case, we recommend that employers contact the DHA to check what information is on the system. This additional check beyond looking at a work visa is needed to ensure compliance with the Act,” says Jacobs.
Pitfall no.3: No skills transfer plan
Another potential pitfall that companies should take note of is the condition relating to the transfer of skills. Certain categories of work visas for foreign nationals stipulate that the skill that is being imported needs to be transferred to local citizens. If a company is audited by the DHA, the company may be asked to present their skills transfer plans.
“One of the main reasons South African businesses employ foreign nationals is because we don’t have the skills, knowledge or expertise within our borders. Having a skills transfer plan in place is a great opportunity for local employers to upskill their employees and give them an opportunity to learn from foreigners so that they can cultivate the skills that are needed within their business as well as the country. Besides requesting a copy of the company’s skills transfer plan, DHA may further request to interview people who have been earmarked to learn from the foreign nationals,” concludes Jacobs.
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, and Remuneration needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.
Sources: IT-Online [1]. Image sources: [1].