Tag Archive for: Immigration

Further to the enactment of the Nigerian Immigration Act 2015 (“Immigration Act”), the Honourable Minister of Interior, Lt. Gen Abdulrahman Dambazau (retired), launched the new Immigration Regulations 2017 (the “Regulation”) today, March 20, 2017.

The Regulation will assist in the implementation of the Immigration Act as well as strengthen the capacity of the Nigeria Immigration Service to tackle migration related problems and ensure strict compliance with extant provisions of the law with particular focus on checking human trafficking, border security and employment of Immigrants.

The Regulation, which is likely to take effect immediately, shall affect, inter alia, all Foreign Visas/Permits.

Whilst we conduct a robust review of the Regulation, Companies, HR’s and Immigration Advisors should be aware of this development and its potential impact on their businesses.

 It should be noted that this alert is for general information only. It is not offered as advice, on any particular matter, whether legal, procedural or otherwise.

For more information on this alert, please contact Kunle Obebe, Partner at kunleobebe@bloomfield-law.com or your usual contact at Bloomfield Law Practice. 

February 2015

This summary is intended for informational purposes only and should not be considered an authoritative guide on how to obtain work authorization in South Africa. The intent is to give the reader a general overview of the process only. Procedures and requirements may have changed since the writing of this article. For current and detailed information regarding the topics below, as well as documentary requirements, processing times, post-arrival and departure requirements, penalties for non-compliance, allowances for accompanying family members, and any other information pertaining to your specific needs, please contact your Pro-Link GLOBAL immigration professional.

Overview

BUSINESS VISITOR

Permitted Activities – Business visitors must generally limit their activities to the following:

• Attending training, interviews, business meetings or discussions;
• Attending seminars or “fact-finding” meetings;
• All other activities must be reviewed on a case-by-case basis.

Type of Business Visas – Certain nationals may enter South Africa without need of a business visa (visa-exempt nationals). However, these visa-exempt nationals will be required to submit an electronic request for travel authorization and receive travel authorization from the South African Department of Home Affairs prior to entering South Africa as a business visitor. All other nationals will require a visitor’s visa for business purposes (visa under Section 11 (2)).

Basic Requirements

1. Intention of a genuine visit for business and not for paid employment, nor establish any employment relationship with the South African host company;
2. Valid passport;
3. Evidence that there are no restrictions on his or her traveling to South Africa;
4. No intention to permanently reside in South Africa;
5. A ticket for onward travel from South Africa.

Estimated Processing Times This varies by diplomatic post and country.

Maximum Time On Visa – This visa allows business people to make a short business visit to South Africa for up to three months. Duration of stay, multi-entry status and ability to extend business status will be on a highly-discretionary basis.

Typical Documents Required – All travelers need to present the following documents to officers in immigration clearance:

• valid passport or other acceptable travel document; and in some cases,
• a valid visa or authority to enter South Africa.

EMPLOYMENT AUTHORIZATION

Basic Requirements – There are several different corporate immigration categories in South Africa.  The most commonly used immigration category for temporary employment in South Africa is the intra-company transfer (ICT) work visa. This is a category for employers to sponsor qualified skilled workers to work as intra-company transferees in South Africa on a temporary basis. The employee should be a permanent employee with the company in the home country and transferred for a maximum of 48 months to a branch or subsidiary in South Africa.

Process Overview The process for obtaining an intra-company work visa involves a one-step process summarized below:

1. Work visa application, submitted to the South African diplomatic post in the applicant’s country of residence.

Please note that medicals and police clearances will be required for all applications.

Estimated Processing Time – two to eight weeks.

Validity periods – ICT visas are generally valid for up to four years.

Family Members – Dependents of ICT work visa holders may not work without separate work authorization.

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Mozambique
Mozambican officials have begun conducting audits of employers in Cabo Delgado province in an effort to find violations of immigration and labor law.
Mozambique recently tightened several laws on foreign work permits, and the government is conducting regular employer audits that may be scheduled or unannounced.
Further to the recent inspections undertaken in Maputo Province, the General Labor Inspectorate of the Ministry of Labor has now extended its site visits to Cabo Delgado province, initially focusing on mining and construction companies that are based there.
Employers may be fined for employing a worker without a work permit where one is required, and repeat offenders may have their facilities closed. Fines are determined on a case-by-case basis, depending on the type of violation involved. In addition, the government will publish the details of noncompliant companies and foreign workers in the local media. Foreign nationals working without a work permit may be fined and are frequently deported.

Morocco
Foreign nationals applying for or renewing residency permits are now required to fill out a new form with additional personal details and submit it to the main police station in Casablanca.
The form is comparable to a resume in asking about educational background and work experience, but also seeks information about the applicant’s family members, religion, political membership and previous travel.
To avoid delay, all pending and future applications for residence permits should include the new form.

South Africa
South African authorities have said they will put recently announced changes on the validity period of visas on hold pending further discussions.
Visas will remain valid beyond the expiration date of a visa holder’s passport and, pending further notification, authorities will continue to recognize the transfer of an existing visa from an old passport to a new passport. A Department of Home Affairs instruction that had aimed to change these rules has been scrapped.
South African authorities said earlier this month that visas would automatically expire 30 days before the expiration date on a visa h
older’s passport, regardless of for how long the visa was initially issued. BAL has learned, however, that the government has put this change on hold and will discuss the matter further. This means that for visas issued with a validity period that extends beyond the validity period of a passport, authorities will allow visa holders to travel into South Africa with their expired passport, their visa and their new passport. Those already in South Africa can transfer their visa from an old passport to a new passport.
South Africa’s reversal on a policy that would have created extensive administrative burdens on employers and visa holders is welcome news. That said, officials appear to be reviewing the policy, and additional change is still possible.

Kenya
Kenya has made it easier for stateless persons, migrants and their descendants to obtain citizenship.
A new regulation allows authorities to waive fees and documentation requirements for stateless persons, migrants and their descendants who are applying for citizenship and meet other qualifying criteria.
The change was made to provide the right to obtain citizenship to residents of Kenya who would otherwise be eligible for citizenship but who lacked proper documentation and, in some cases, the ability to pay the required government fees. After the regulation was issued, for example, members of the Makonde community, who have lived in Kenya for more than 50 years but were considered stateless persons, are now able to obtain citizenship.
The change will not have much of an impact on business, other than to facilitate evidencing the right to work of formerly stateless employees, but the eased processes are welcome news for those in Kenya who have had trouble obtaining citizenship because of a lack of supporting documents.

This information was sourced from balglobal.com

The Federal Government has streamlined visa and immigration processes to spur inflow of foreign direct investments in a bid to hasten the recovery of the nation’s economy.

The Minister of Information and Culture, Alhaji Lai Mohammed, in a statement yesterday in Abuja, said the measure was part of the action plan for ease of doing business in line with the current administration’s economic diversification agenda.

According to him, other measures that had been taken by the Nigeria Immigration Service (NIS) to facilitate tourism alike include harmonisation of airport arrival and departure forms/cards to save foreigners the stress of having to file several documents as well as the decentralisation of services to make state commands undertake some hitherto concentrated tasks.

His words: ‘’Re-issuance of passports for change of names due to marital reason or misplacement has been decentralised to save passport holders the additional costs and inconvenience of travelling to the service headquarters in Abuja. Also, additional 28 offices have been opened for issuance of residence permits in Nigeria, thus bringing the issuance of Combined Expatriate Residence Permit And Aliens Cards (CERPAC) closer to the doorstep of employers of expatriates in all the 36 states and the Federal Capital Territory.”

He said the reforms perfectly fit into the 60-day national roadmap approved recently by the Presidential Enabling Business Environment Council (PEBEC).

Mohammed went on: “The NIS has reviewed the requirements for Nigerian visas to make them more customer-friendly and details of this review are available on the official website, www.immigration.gov.ng. Types of visas currently reviewed include Visa on Arrival (VoA) processes, business, tourist and transit visas.”

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